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Nebraska settles abuse investigation at Beatrice

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By NANCY HICKS / Lincoln Journal Star

Monday, Jun 30, 2008 - 07:08:45 pm CDT

The state has dodged a threatened federal lawsuit over the Beatrice State Developmental Center with a promise to provide better care to residents, increase staff and encourage more residents to move into local community programs.

State leaders on Monday announced a 35-page settlement between the U.S. Department of Justice and the Nebraska Department of Health and Human Services that will include up to four years of court monitoring.

An independent expert, John J. McGee of Omaha, will be appointed to monitor the progress, reporting monthly to the U.S. District Court, according to the settlement. He will have a budget of about $370,000 for his time and expenses and the cost of any other experts.

Story Photo
In this May 20, 2008, file photo, John Wyvill, director of the Developmental Disabilities System, explains some of the challenges facing the Beatrice State Developmental Center to an investigative committee of state senators who toured the facility. (Eric Gregory)

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The story so far: BSDC

In September 2006, federal inspectors found serious problems at the Beatrice State Developmental Center, home to about 285 people with serious develop...

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State leaders hope HHS will rapidly improve care and staffing issues and that monitoring at the center that serves people with serious developmental disabilities will end after one year, said Jodi Finner, an attorney for HHS.

McGee is respected by the disability community, according to several disability advocates who attended the Monday news conference.

Kathy Hoell, executive director of the statewide Independent Living Council, said she is optimistic about improving the care at the Beatrice center if the settlement agreement is followed.

Tim Shaw — CEO of Nebraska Advocacy Services, which monitors the Beatrice center and last year released a report on the neglect and abuse problems there — said it will take time to see if HHS delivers on its promises.

“The state has made promises in the past that looked good,” he said.

The settlement is a response to a justice department report in March that outlined serious neglect and abuse problems at the state institution.

The report cited everything from using demeaning names to serious physical injuries, including broken bones and deep cuts.

The settlement is consistent with a five-point plan that includes reducing the number of Beatrice clients from about 300 to 200 by Jan. 1, 2009, said John Wyvill, director of the Division of Developmental Disabilities. But it provides much more detail.

The settlement does not end Nebraska’s problems with the Centers for Medicare and Medicaid Services (CMS), which has withdrawn the more than $28 million in federal funds that supports the Beatrice center.

The state has appealed that decision.

The settlement with the justice department should be an indication to CMS that the state is committed to fixing the problems and improving care at the Beatrice center, Wyvill said.

The justice settlement shows that “nothing will be served by yanking federal funds,” he said.

The state has reduced the number of residents at the center from 329 in December to 267 this week by moving people into local nursing homes and into community programs for people with developmental disabilities, Wyvill said.

The state already has reduced  direct staff overtime, and HHS will soon announce the appointment of a new medical director for the  center. HHS also has hired a recruiting firm, under a $500,000 contract, to find three management-level staff and an abuse and neglect investigator, Wyvill said.

Under the settlement, the state is required to strongly encourage residents to move into community programs, where they will have more contact with  local residents. But it retains client choice and does not mandate a move when the client objects.

Parents of some BSDC residents — adults with severe intellectual and sometimes physical disabilities — don’t want their family members moved from the Beatrice campus, where they have lived for years.

Despite that assurance of choice, the settlement appears to move BSDC toward short-term care only: “Any admission or readmission to BSDC will be considered short term.”

Reach Nancy Hicks at 473-7250 or nhicks@journalstar.com.


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Nina wrote on June 30, 2008 4:51 pm:
" How are they going to manage adequate staffing when there are over 50 positions now open in patient care, they've not been able to fill thus far? I hope these inspectors show up unannounced, rather than giving the facility time to look good and call staff members in for a double shift that day, after giving them a lecture about making a good impression. Visit during the evening meal and bedtime to see how things really are. Not only at Beatrice, but at every long-term care center in the state. I think one would find Beatrice's problems are not unique. "

 So sad wrote on June 30, 2008 4:55 pm:
" In working in the health and human services field for many years, I can say that these issues are not restricted to the Beatrice center. It's very sad and unfortunate that these issues arise. They simply do not offer enough money to hire quality staff members and retain those staff members. The ones that ultimately are hurt by this are the people we serve, and they are the last to be considered when tragedies like this occur. How very sad... "

 pck wrote on June 30, 2008 5:46 pm:
" what a joke. How many times have we heard what those places will do. Saying one thing and doing it is totally different. Thats the usual response, to have zero tolerance. Your going to have to find the people who will abide by that...and in todays world, thats not easy...especially for the low pay. Monitor medications......if you want to keep your staff and control abuse....let those residents have all the medication they want. Active treatment does not work for the high need individuals. "

 to pck wrote on June 30, 2008 6:09 pm:
" Really? Are you that stupid? Medications are not the whole answer. That just shows your total lack of regard for the residents at BSDC as human beings. I hope you don't work there, everyone would just be drugged up and drooling in the corner so you wouldn't have to do active treatment.
And to Nina.....those inspectors show up unannounced every time! "

 for shame.... wrote on June 30, 2008 6:24 pm:
" Nebraska and Mike Johanns. For shame. "

 sister wrote on June 30, 2008 7:20 pm:
" As a person that has a family member at BSDC I commend them for the work they have done. This is probably one of the toughest jobs to have. I tried raising my brother at home but he was to much to handle. Yes I do expect abuse is happening at BSDC but we are out of options. Some of these clients cannot be in community based housing or nursing homes due to medical conditions. I think the staff at BSDC is trying but we can all be certain that it takes a special kind of person to work there and I am sure BSDC doesn't have people knocking down the doors applying for jobs there. Good luck BSDC you have my support. "

 Sadder Yet wrote on June 30, 2008 9:21 pm:
" Yes, I am sadder yet after reading the comment from "sister". We've learned that there is alot of work that needs to be done to support people to have choices about where they live and what they do. How sad that a sister does expect that abuse is occuring at BSDC but feels there are no options. Abuse is not an option anywhere. There are no perfect situations for any of us. But, we as people with disabilities or not, should at the very least be protected from abuse and neglect. It's time to end the violence. "

 whatever wrote on June 30, 2008 11:20 pm:
" JS, investigate what the Johanns administration did to what once was a crown jewell of institutions serving the disabled. Quitter Mike bears a lot of responsibility is this debacle. "

 take a look wrote on July 1, 2008 8:25 am:
" Maybe a person should look at the hourly wage offered for staff at BSDC. It's more than a lot of facilities are offering in this area. I can't think it's an issue of money it must be the hiring process! "

 Administrative wrote on July 1, 2008 8:34 am:
" decisions were also made by the CURRENT gov. Withholding $$$ for business tax incentives that were supposed to go for taking care of BSDC. Going so far as to threaten veto if the unicam budgeted for & allocated to the problem. Now we get to chump the bill that is going to cost exponentially more than it would have had the CURRENT gov. done the right thing, instead of wanting to give his good 'ol boy's some breaks "

 Nina wrote on July 1, 2008 8:55 am:
" Maybe federal inspectors arrived unannounced, but state inspectors regularly give notice they are coming, I know, as I served on the board of a long-term care facility for several years, and remember at least three days advance notice that "state will be here." They always came with advance notice, and always during daytime hours. That's no way to get a feel of the real situation. "

 Voice of reason wrote on July 1, 2008 9:20 am:
" Got to agree with you, Whatever. Mike Johanns had no care or compassion for the mentally ill or disabled. His administration gutted the mental health system of Nebraska. Why hasn't the press done more to expose the truth behind so many of these issues? It's pretty obvious that the profit of corporate Nebraska was put ahead of the needs of its people. But just as he would say about his tight relationship with Bush, "Get over it, that's history!" "

 Here Here wrote on July 1, 2008 9:51 am:
" Its the current governor and MIKE JOHANNS who did say NO NO to more funds when they were needed!! So we Nebraska tax payers are reaping what he sowed!! Look at all of HHS and you will see that we have the highest juvenile incarceration rate because Johanns wouldnt give funds to help those families either!! Geez I cant believe anyone would vote for this guy!! "

 sister wrote on July 1, 2008 10:07 am:
" The abuse statement was misunderstood. We do not have a lot of options on community placement for my brother. Due to severe mental retardation and severe epilepsy there are limited facilities that can provide care for him. If he would go into a severe seizure a nursing home cannot help him and I would lose my brother.No, abuse is not acceptable anywhere but it is in all facilities whether it is BSDC, nursing homes, community placement or hospitals. No one cannot deny this. If a person is moved to a "better facility" I do not know it is better until after a few months until it could be to late. My brother has always received excellent care at BSDC and we do the "surprise visits" and have rarely seen any problems. People need to be around children and adults with severe handicaps or mental retardation and find out the circumstances before the can judge the families and persons that work with these people. They are special people and it takes special people to help them with their day to day living. "

 ol Farmer wrote on July 1, 2008 11:08 am:
" When I was involved as a long-term care resident's family member, the state inspection went just as Nina said. Deficiencies were noted by the state, but there was plenty of advance notice of when they would be there. If it were not for that, deficiencies would have been much higher. There can be such a short staff that they can't get to all the feeders, meaning those who must be spoonfed. So those people just missed a meal, as they were too bad off to complain, and their charts were marked to say the meal was refused. This care facility situation is not limited to any one place. Instead, it is a national disgrace. "

 Marti Manley wrote on August 21, 2008 4:02 pm:
" Nice to read that they spent 500,000.00 for recruiting firm. I wonder how many people they will find to work for the wages that are paid at BSDC. I have worked in this field as a CNA and a MED ADIE for 20 years and when i applied down there i would be paid a little less than $10.00 an hour hello with 20 years experience, imagine what people with none or little experience are paid. For those of you that have never done this tpe of work it is one of the mentally and physciallay challenging jobs out there and it is one of the most rewarding careers. But rewarding doesnt pay your bills either. So if there is employees done at BSDC that are so stressed by working short and all the overtime they have to do to cover the needs maybe they would get further by taking that half a million dollars and put it into the wages of the floor staff instead then they could get GOOD help and keep the ones they have, they are one of the LOWEST paying facilities in Nebraska and I know I would not work in those conditions for that pay. Sorry until they look at the reason for staffing problems they will never be able to comply and provide good care to the residents. That is really too bad for the entire state not just the residents of BSDC and thier families. "

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