2016
January 1, 2016 to March 31, 2016
Keep people with disabilities safe in settings where
they live, work, go to school or play
M1. Keeping People Safe in Facilities through Monitoring Efforts
Summary of Progress:
This quarter the team monitored and/or attended human rights/advisory committee meetings at 10 state-operated facilities on 25 occasions.
Number of Facilities Monitored/Monitoring Visits:
Attorney attended three meetings of the Human Rights Committee at Cherry Hospital. Attorney also monitored on those three days, addressing patient concerns such as restoration to competency. She conducted a secondary investigation at the Hospital this quarter, reviewing the Hospital’s investigation into an allegation that a nurse exposed a patient to a registered sex offender. Attorney was satisfied that the Hospital fully investigated the allegation, determined that there had been no harm to the patient, and addressed the violations of Hospital policy appropriately.
Advocate attended three meetings of the Human Rights Committee at Central Regional Hospital and three monitoring visits. Advocate is closely monitoring the implementation of the Transition to Community Living Initiative by the hospital.
Advocate attended two meetings of the Human Rights Committee at Broughton Hospital. Advocate met with a gentleman who has a service dog and alleged that a nurse made the comment that his dog should not be there. Advocate contacted the Director of the hospital and advised her of the allegation and requested that training be done for staff that the service animal has a right to be at the hospital.
Advocacy on Behalf of a Group:
Disability Rights NC has continued to monitor and has alerted hospital administration to various complaints, from patients on multiple units, that the bedroom locking policy is not being implemented appropriately. As of this quarter, it appears that the policy is being implemented on all units.
Public Policy Activities:
Attorney participated in a series of stakeholder meetings with the NC Division of Health Service Regulation, in the NC Department of Health and Human Services, to review the process by which penalties are imposed on certain licensed facilities for violations of state licensure requirements. The group included providers and state regulators. After only two meetings, the group was able to reach an agreement about amendments to the process and statutory language to affect those amendments. A representative from the group will advocate for the statutory amendments during this spring’s short session of the legislature.
M2. Keeping People Safe in Facilities by Investigating Allegations of Abuse, Neglect and Deaths
Summary of Progress:
The team attorney filed a PAIDD lawsuit this quarter challenging the NC Department of Health and Human Services’ refusal to provide Disability Rights NC with access to internal investigation records related to an investigation we have initiated at a State-operated healthcare facility. DHHS has alleged that the requested records are privileged and confidential pursuant to the federal Patient Safety and Quality Improvement Act (PSQIA). It is Disability Rights NC’s position that the records do not fall under the protections of the PSQIA, and even if they do, our access authority as the P&A preempts the PSQIA. This has implications for all state operated facilities.
Deaths Reviewed:
The team received 45 death reports during this quarter; of these seven involved individuals with a mental illness (PAIMI).
Investigations initiated:
Disability Rights received information regarding the death of a 30-year-old man who died within 48 hours of discharge from a state-operated psychiatric hospital. The team faced some challenges in obtaining these records as the attorney for the hospital believed that we needed parental consent to get the records. After a few weeks of staff attorneys working with the hospital, we were able to obtain these records. This is an ongoing investigation pending records review.
M3.Standards for health and safety are consistently enforced across adult care homes.
Monitoring Visits:
Three Disability Rights NC advocates again monitored at the troubled ACH from last quarter that was issued the 235-page SOD. During this monitoring visit, staff discovered that many of the same issues had still not been addressed such as trash lying around the property, residents who were dressed in tattered clothing, residents who are still working for the facility without pay and numerous other issues. The facility is still under a suspension of admissions as well as under an intent to revoke license order. Currently, the facility is going thru the process of appealing some of the findings and it is unclear what or whether financial penalties may be administered. Disability Rights advocates are continuing to monitor the situation and will continue to address issues at this facility to advocate on behalf of the approximate 60 residents who currently live there.
Three Disability Rights NC advocates monitored at an ACH in a rural part of the state at the foothills of Asheville. This is large facility with a locked unit that sleeps about 15 people. The locked side of the facility is particularly concerning as there are no activities for these residents, there is only one PCA who also acts as the housekeeper on this side and no other staff, and there is no outdoor courtyard or other area for residents to have time outside except for escorted smoke breaks 2-3 times per day. On the unlocked unit, there was an active roof leak that advocates brought to the attention of management. We also met with one female resident who is in need of assistance regarding restoring her competency. We are continuing to work with this resident thru an active FCSR. These conditions were reported to management who notified us that the former manager had been let go and they were bringing new staff and management in to correct many of the issues. Advocates are planning a follow up visit to assure that new management will correct the issues identified and brought to their attention.
Advocate conducted a monitoring visit at an ACH in the northeastern part of the state this quarter. The facility was closing down upon multiple citations from DHSR and not being able to comply with the plan of corrections. This facility was also visited by the monitor of the DOJ Settlement implementation and poor conditions were discovered. The advocate’s visit was to ensure that the residents were given proper discharge notice, were being properly discharged and able to have choice on where they would be moving. The facility was in fact conducting proper discharge practices and the MCO was involved with placing residents as well as DSS.
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