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Committee airs testimony on sexual abuse of the disabled, but offers little indication of its next steps

November 1, 2018 3 comments

While members of a legislative committee heard testimony on Tuesday about sexual abuse of the developmentally disabled in Massachusetts, the state lawmakers on the committee gave little indication as to what they plan to do with the information.

COFAR was one of several organizations invited by the Children, Families, and Persons with Disabilities Committee to testify. The committee members asked no questions of any of the three members of COFAR’s panel, who testified about serious and, in one case, fatal abuse of their family members in Department of Developmental Services-funded group homes.

Children and Families hearing 10.30.18

Tuesday’s hearing on sexual abuse in the DDS system. The committee members asked no questions of COFAR’s panel.

COFAR President Thomas Frain, Vice President Anna Eves, and COFAR member Richard Buckley also offered recommendations to the committee, including establishing a registry of caregivers found to have committed abuse of disabled persons, and potentially giving local police and district attorneys the sole authority to investigate and prosecute cases of abuse and neglect.

The hearing drew some mainstream media coverage (here and here); but, while COFAR had alerted media outlets around the state to the hearing, most of the state’s media outlets, including The Boston Globe, did not cover it.

Committee asks no questions

Following the hearing, Frain said he was glad to get the opportunity to testify, but frustrated that the members of the committee seemed to lack interest in what he and COFAR’s other panel members had to say.

“It crossed my mind, were the committee members told not to ask any questions?” Frain said. “How divorced and disengaged is the Legislature that they can hear this testimony and not even have a follow-up question about an agency they’ve voted to fund?”

The hearing was the second since January involving testimony invited by the Children and Families Committee on the Department of Developmental Services system. The general public was allowed to attend, but not permitted to testify publicly before the committee in either hearing. The committee has given no information regarding the scope of its review of DDS.

COFAR has continued to ask for information from the committee as to the full scope of its review, and whether the committee intends to produce a report at the end of that review.

COFAR panel describes abuse and neglect

On Tuesday, Richard Buckley testified about his 17-year quest for answers to his and his family’s questions about his brother’s death in a group home in West Peabody in 2001. Buckley’s developmentally disabled brother, David, had previously been sexually abused in a group home in Hamilton, and was ultimately fatally injured in the group home in West Peabody.

David Buckley received second and third degree burns to his buttocks, legs, and genital area while being showered by staff in the West Peabody residence run by the Department of Developmental Services. The temperature of the water in the residence was later measured at over 160 degrees.

David died from complications from the burns some 12 days later, yet no one was ever charged criminally in the case, and the DDS (then Department of Mental Retardation) report on the incident did not substantiate any allegations of abuse or neglect.

Richard Buckley urged the committee to take action to reform the DDS system. “If nothing is done, the next rape, assault or death, will be on you,” he said. “And we will remember that.”

Buckley also read testimony from another COFAR member, Barbara Bradley, whose 53-year-old, intellectually disabled daughter is currently living in a residence with a man who has been paid by a DDS-funded agency to be her personal care attendant. In her testimony, Bradley said the man initiated a sexual relationship with her daughter, and later brought another woman, with whom he also became sexually involved, to live in the same residence.

Anna Eves discussed the near-death of her son, Yianni Baglaneas, in April 2017, after he had aspirated on a piece of cake in a provider-operated group home. The group home staff failed to obtain proper medical care for Yianni for nearly a week after he aspirated. He was finally admitted to a hospital in critical condition and placed on a ventilator for 11 days.

DDS later concluded that seven employees of Yianni’s residential provider were at fault in the matter. Nevertheless, at least two of those employees have continued to work for the provider, Eves said.

“The systems that are in place are not working and we are failing to protect people with intellectual and developmental disabilities in Massachusetts,” Eves testified. “We have to do better.”

Eves urged the committee to support a minimum wage of $15 an hour for direct care workers, more funding for the Disabled Persons Protection Commission, and passage of “Nicky’s Law,” which would establish a registry of caregivers found to have committed abuse or neglect. Such persons would be banned from future employment in DDS-funded facilities.

Eves also noted that licensing reports on DDS residential and day program providers that she reviewed — including the provider operating her son’s group home — did not mention substantiated incidents of abuse or neglect. She said Massachusetts is falling behind a number of other states, which provide that information to families and guardians.

In his testimony, Frain also urged the committee to support more funding for the Disabled Persons Protection Commission, the state’s independent agency for investigating abuse and neglect of disabled adults. Because the agency is so grossly underfunded, he suggested that the committee consider either “fully funding” the agency or “partnering with the local police and district attorneys’ offices and let them investigate” the complaints.

Frain maintained that staffs of corporate providers, in particular, face pressure not to report complaints to the DPPC, and that the agency, in most cases, has to refer most of the complaints it receives to DDS. That is because the DPPC lacks the resources to investigate the complaints on its own.

Moreover, Frain maintained, the current investigative system is cumbersome. It can sometimes take weeks or months before either the DPPC or DDS begins investigating particular complaints, whereas police will show up in minutes and start such investigations immediately.

Frain also contended that “privatization of DDS services has been at the root of many of these problems.”

Other persons and organizations that testified Tuesday included DDS Commissioner Jane Ryder, the Arc of Massachusetts, the Massachusetts Disability Law Center, and the Massachusetts Developmental Disability Council.

COFAR is continuing to urge the Children and Families Committee to hold at least one additional hearing at which all members of the public to testify publicly before the panel. COFAR has also been trying to obtain a clear statement from the committee as to the scope of its ongoing review of the Department of Developmental Services.

For a number of years, COFAR has sought a comprehensive legislative investigation of the DDS-funded group home system, which is subject to continuing reports of abuse, neglect and inadequate financial oversight.

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Gov. Baker’s FY ’17 budget continues race to the bottom in care of the developmentally disabled

February 2, 2016 8 comments

In his proposed Fiscal 2017 budget, which he filed last week, Governor Baker is continuing to boost funding for privatized care for the developmentally disabled at the expense of state-run care.

This continues a pattern that has crossed party lines — the Patrick administration did the same thing — of reducing both the available choices and the quality of care for people with developmental disabilities.

Privatization of human services reduces the quality of care because it reduces money spent on direct-care staffing.  Direct care workers of corporate providers get lower pay and less benefits than their counterparts in state-run facilities.

Privatization reduces choice in care because it results in the closures of state-run facilities and consequently eliminates them as an option for people who might want that higher level of staffing and care.

Of course, as the linked New York Times article points out, privatizing services doesn’t necessarily result in long-term fiscal savings for state taxpayers.  The money saved in hiring lower-paid workers is usually offset by higher costs such as unemployment insurance and by Medicaid and other public assistance for workers earning low incomes.  We also believe any savings in privatization is also offset by the often inordinately high compensation provided to executives of the corporate providers.

Yet it appears the Baker administration still believes it will save money in using lower-paid direct-care workers.  That seems to be the case with the administration’s proposal to privatize mental health services in southeastern Massachusetts.  In that case, the administration appears to be implicitly backing a reduction in wages to direct-care workers after an initial contract period.

Governor’s FY ’17 DDS budget numbers

Here are some of the key numbers in Baker’s Fiscal 2017 budget proposal for the Department of Developmental Services.  Note: All numbers below are adjusted for inflation using the Mass. Budget and Policy Center’s CPI index numbers.  The CPI numbers show inflation running at about 1.8 percent for Fiscal 2016.

We believe that in order to gauge the level of the administration’s commitment to privatization of services for the developmentally disabled, it’s necessary to compare what has happened and is happening to the corporate provider line item with what happens to other DDS line items.

Here’s how it looks graphically, with more detailed explanation below.

DDS budget chart FY 17

Corporate provider residential line item (5920-2000): This is the main DDS line item supporting privatized services.  It has become by far the largest line item in the DDS budget — funding under this line item exceeded $1 billion for the first time in Fiscal 2015.

The governor’s Fiscal 2017 budget would increase the corporate provider line item by $5.9 million, or 0.5 percent, over current-year funding.  If the governor’s Fiscal 2017 budget is adopted, this line item will have been increased by $309 million, or 38.6 percent, since Fiscal 2012.

Chapter 257 Reserve 1599-6903: This is a reserve fund created to last year to provide even more funding for corporate providers.   The governor’s budget would increase this fund by $5.7 million or 18.6 percent, to $36.2 million.

The following three line items are key indicators of the administration’s commitment to state-run services.

State-run developmental centers budget line item (5930-1000):  The governor’s Fiscal 2017 budget would cut this line item by $3.18 million or 2.8 percent from the current-year appropriation.  If the governor’s proposal for Fiscal 2017 is adopted, this line item will have been cut by $41.6 million, or 27.5 percent, since Fiscal 2012.

That $41.6 million cut reflects the closures since 2008 of three of six remaining developmental centers.

State-operated Residential line item (5920-2010): The governor’s Fiscal 2017 budget would cut this line item by $212,800, or 0.1 percent, from current-year funding.  (In nominal dollars, the governor has proposed a $3.7 million increase in this line item, but it’s a cut when adjusted for inflation.)  If the governor’s Fiscal 2017 budget is adopted, this line item will have been increased by $42.8 million, or 24.4 percent, since Fiscal 2012.

That 24.4 percent increase since Fiscal 2012 for state-operated residential care can be compared to the 38.6 percent increase in the corporate provider residential line item. Moreover, that funding increase in the state-operated residential line item is actually a result of the underlying dynamic of privatization.

As we have noted before, there has been a net increase of 40 state-run group homes over the total number in 2008; but the state has closed state-run residences even as it has built new ones.  It appears the new state-run residences and the additional funding for those residences have been intended to accommodate the more than 250 people who have been transferred since 2008 from the closed developmental centers and the closed state-run homes.  Those are apparently the only people who have been admitted to the new state-operated homes.

As we’ve also pointed out, the administration does not even offer state-run residential facilities as options for developmentally disabled people waiting for residential care.  Privatized, corporate-run care has become the only “choice” available those people despite the fact that the federal Medicaid Law requires that developmentally disabled individuals and their guardians be informed of the available “feasible alternatives”  for care.

DDS administration (5911-1003): In addition to administrative functions, this line item funds DDS service coordinators, who are responsible for ensuring that clients throughout the system are receiving services to which they are entitled.  The service coordinators have seen their caseloads rise dramatically in recent years, but funding under this line item has never kept up with the caseload increases.

The governor’s Fiscal 2017 budget would cut the DDS administrative line item by $977,000, or 1.4 percent.  (In nominal dollars, the governor is proposing a slight increase in this line item, but it’s a cut when adjusted for inflation.)  Since Fiscal 2012, this line item will have been increased by 8.1 percent if the governor’s Fiscal 2017 budget is approved.

Other line items that demonstrate the administration’s commitment to increased DDS privatization include the following:

Community day and work 5920-2025: The governor’s budget would increase this line item by $5.6 million or 3 percent.  Since Fiscal 2012, this line item will have been increased by 45 percent if the governor’s Fiscal 2017 budget is approved. It appears that some of the increase proposed for this line item reflects the transfers of people from sheltered workshops to day programs.

Employment pilot program 5920-2026: The governor’s Fiscal 2017 budget would increase this line item by $4.6 million, which is a major increase, given that the current year appropriation is just over $3 million. That proposed 150 percent increase reflects the transition from sheltered workshops to supposed integrated employment.

The pattern of privatization in Massachusetts state government has become almost permanently established even though the benefits of privatization are highly debatable.  Many questions have been raised about the privatization of prisons  and the privatization of education in Massachusetts and elsewhere around the country.  The privatization of human services may be the biggest prize of all for government-funded contractors.  We need to preserve what’s left of state-run services.

Most of the mainstream media skipped class last week on privatization and the Pacheco Law

January 11, 2016 1 comment

It’s amazing how little real understanding the mainstream media has of the issue of privatization and of legislative responses to it such as the Pacheco Law.

You only have to read this Boston Globe editorial from 2011 to begin to realize how many misconceptions supposedly savvy journalists have about these issues.  (More about that below.)

Privatization is one of the most important and controversial aspects of state and federal policy. When I googled the phrase “privatization and public policy,” I got 2.7 million results.  The state auditor’s administration of the Pacheco Law has become a key item of controversy in Massachusetts politics as well.

In that light, the State Auditor’s Office and the Boston Bar Association organized a forum directly across the street from the State House this past Thursday afternoon to discuss and debate the Pacheco Law and its impact on privatization, and invited the media to attend.

I was invited to present the pro-Pacheco Law side in the discussion, and Charlie Chieppo, a senior fellow at the Pioneer Institute, presented the anti-Pacheco Law side.  A number of top people from the Auditor’s Office presented information on how the law works, highlights of its 23-year history, and key areas of litigation involving the law. Michael LaGrassa of UMass Dartmouth discussed the university’s experience with the Pacheco Law in privatizing the campus bookstore operations in 2014.

In addition to the lineup of speakers, the State Auditor’s Office had put together three-ring binder notebooks filled with helpful information on the Pacheco Law and what it actually does and requires, in addition to materials we had submitted stating our positions on the law. (Included in the binder was our report, “Setting the record straight about the Pacheco Law.”  I’ll post that report here this week.)

As I understand it, two members of the media showed up at the Thursday forum — a reporter from Massachusetts Lawyer’s Weekly and a reporter from The Boston Business Journal.  I haven’t yet seen anything published from them, but at least they were there.

Neither the Globe nor Herald sent anyone to the event.  Notably absent was Globe columnist Scot Lehigh, who has been described as someone who “has been the most consistent and vociferous critic of the (Pacheco) law…”

From my vantage point, there appeared to be some 50 to 60 people in attendance at the forum.

Among the little-known and discussed facts about the Pacheco Law that I tried to point out during the forum were that:

    1. The Pacheco Law was based on federal policy (OMB Circular A-76)
    2. The law never barred or banned the award of bus contracts by the MBTA, and the law has not stopped privatization of most human services in Massachusetts

Chieppo of the Pioneer Institute argued that the Pacheco Law is different than A-76 because A-76 requires a binding letter of obligation if the public employees win the bid competition with the private sector.  (I disagreed with his assertion that no such obligation binds state employees under the Pacheco Law.)

LaGrassa of UMass said the Pacheco Law review that the university did to privatize their bookstore helped them to better understand the costs involved in running it.  He said that the process involved a lot of work and back-and-forth with the auditor’s office; but in his words, “you should do a lot of work” if you are going to privatize a public service.

Regarding the 2011 Globe editorial referred to above:

Memo to Globe editorial writer: Contractors bidding to privatize services don’t have to pay public sector wages under a Pacheco Law review.  They can pay the lesser of the lowest public sector wage or the average private sector wage for the equivalent position.

And no, a privatization initiative doesn’t have to “produce savings” over what the state employees could achieve under ideal conditions.  The privatization initiative must project such savings, but no one has to — or is expected to — actually produce them.   The Pacheco Law requires a competition between private and public sector bids, both types of which are based on projected results that might be achieved under ideal conditions.

The bottom line, it seems to me, is that people in the mainstream media still occupy influential positions as opinion makers regarding politics and government, in particular.  As such, they have an obligation to get their facts straight on these matters.  The state auditor’s “Primer” on privatization last week presented a convenient opportunity to do that.

But with two exceptions, the mainstream media blew their opportunity by missing the class.

New DDS background check law has delayed requirements

August 14, 2014 Leave a comment

A new national criminal background check law in Massachusetts  may well have a major, positive impact on services and care for people with developmental disabilities in the state.

But under the law, the background check requirement is delayed for many, if not most, current employees in the Department of Developmental Services system for more than four years, until January 2019.  The requirement is delayed for a year and a half for prospective employees in the system.

The long-awaited law, which was signed by Governor Patrick last week, authorizes national criminal background checks for persons hired to work in an unsupervised capacity with persons with developmental disabilities.  The law will ultimately require that both current and prospective caregivers in the system submit their fingerprints to a federal database maintained by the FBI.  The law applies to DDS employees, employees of corporate service providers to the department, and caregivers over the age of 15 of persons living at home.

Up to now, persons hired to care for clients in the DDS system have had to submit only to an in-state criminal background check, which identifies only criminal arrests and convictions in Massachusetts, and does not identify any convictions a job applicant might have from another state.  A national background check system will fill in that potential gap in the applicant’s history.

The new law’s fingerprint requirements, however, will be phased in through January 2019 for current employees, and will not take effect for new employees until January 2016.  Another provision in the new law that raises questions appears to allow employees to be hired before the results of their background checks are obtained.  That provision states the following:

Department-licensed, funded or approved programs and providers of transportation services on behalf of any department-licensed, funded or approved program may hire individuals without first obtaining the results of a state and national fingerprint-based criminal history check (my emphasis).

It’s not entirely clear to us what the intent of this provision is or what its impact might be.  It appears to allow people to be hired before they are cleared through the FBI database. The provision does not specify a time frame for obtaining the background check results after an individual is hired.

Does this provision mean that even after January 2019, someone could be hired by DDS or a provider and could work for weeks or possibly months with developmentally disabled people before their background results are obtained or before their backgrounds are even checked? Furthermore, does the provision allow for that leeway even for in-state background checks?

I contacted the staff of the Legislature’s Judiciary Committee earlier this week to ask about that provision and the provisions phasing in the background check requirements until 2016 and 2019.  It was apparently in the Judiciary Committee that these provisions were inserted. Interestingly, the Judiciary Committee staff person I talked to referred me to Philip Johnston Associates, a Beacon Hill lobbying firm, which was apparently involved in the final negotiations over the bill, apparently on behalf of DDS corporate providers.

On Tuesday, I spoke to a member of the Johnston Associates firm, who said she was unsure as well about the intent of the provision that appears to allow the hiring of individuals prior to checking their backgrounds, and that she would get back to me.  I have not yet heard back from her.  I also placed two calls on Monday and Tuesday to the state Department of Criminal Justice Information Services, which is in charge of administering the law.  I have yet to get a return call from that department.

The Johnston Associates staff member said the providers and other advocates involved in negotiations over the background check legislation pushed for phasing in the fingerprint requirements due to concerns over the time needed to implement them.  A member of the Association of Developmental Disabilities Providers expressed a concern in a news article last week that the new fingerprint requirements could prove burdensome to smaller provider agencies.

It is not clear to us though that more than four years is really needed to phase in the national background check program for current employees in the DDS system, or that a year-and-a-half delay is needed before requiring new employees to be fingerprinted.  We’re skeptical that that much time is needed, partly because we’ve witnessed a lack of urgency on the part of both the Legislature and the administration for the past several years in just getting this law passed.  It seems possible that that lack of urgency is being carried over into implementing the law’s requirements.

National background check legislation had been proposed each year for up to a decade by then Representative Martin Walsh, now mayor of Boston, before it was finally enacted this year.  Each year, the legislation would get stuck in either the Judiciary or House Ways and Means Committees, or both, and then would die at the end of the session.  The administration did little during that time to lobby for passage of the measure.  As a result, Massachusetts has been only one of a handful of states without a national background check program for people with developmental disabilities.

Meanwhile, the federal government has stood ready to assist the state with grant money under the Affordable Care Act to help implement the new background check law; but Massachusetts has declined to apply for that federal money, which has available since 2010. The state has even been slow to implement national background checks for school teachers and children’s day care providers.

While we’re glad to see that the DDS national background check bill is finally law, we hope the administration now shows a true commitment and sense of urgency in getting it to work.

The Sherlock Holmes-style mystery of the secret switch of the ‘Real Lives’ bill versions

How exactly does it happen in the state Legislature that a good piece of legislation gets “lost” just as a bad piece of legislation has been substituted for it?

That seems to be exactly what happened with the ‘Real Lives’ bill this spring in the state Legislature.  There has long been a heavy dose of game-playing by corporate providers to the Department of Developmental Services in their years-long quest to gain passage of this bill; but the secret substitution of their preferred version for another, much better, version of the bill this spring may take the proverbial cake.

In this case, the sleight-of-hand move may bring the DDS providers as close to winning passage of their version of the bill (H. 4237) as they have ever been.  We understand H. 4237 is going to be sent to the Senate very soon from the House for final passage.

This is a badly flawed piece of legislation. The much better redraft of this bill was approved in early May by the Children, Families, and Persons with Disabilities Committee (H. 4063).  But somehow, as noted, that redraft, which was done by Senator Michael Barrett’s office, got lost one month later in the legislative process.  Somehow, H. 4237 was substituted for H. 4063 in the Health Care Financing Committee.

When I talked a few weeks ago with a staff member of the Health Care Financing Committee, I was told the substitution was a mistake.  But if it was a mistake, it’s one that has yet to be corrected; and it may soon be too late to correct it.  (Maybe we can engage a modern-day Sherlock Holmes to find out what really happened to Senator Barrett’s version of the bill.  Maybe it has been hidden away in a State House attic, a la Holmes’s Adventure of the Norwood Builder.)

The Real Lives concept is intended to serve the laudable goal of providing intellectually disabled persons and their guardians with greater choice and “self-determination” in obtaining services from the Department of Developmental Services. But as currently drafted, H. 4237 is little more than a vehicle for the financial benefit of DDS corporate providers.

As we have pointed out in numerous blog posts and in our July newsletter, the current text of H. 4237 would inappropriately place DDS provider-based organizations on an advisory board that would help design the self-determination program. These same providers were involved in drafting this legislation, and stand to benefit financially from any program they help create.

In addition, the current draft of the bill would establish a “contingency fund,” which would further compensate DDS providers financially if and when residential clients leave them for other providers. These and other provisions in the current draft of the legislation create unacceptable conflicts of interest.

In contrast, Barrett’s redraft of the legislation, which was approved in May by the Children and Families Committee, would have removed the contingency fund and all references to provider-based organizations on the advisory board. That redraft (H. 4063) would, moreover, have required that more than 50 percent of this board be made up of individuals who are financially independent of any provider.

But as noted, when H. 4063 was sent by the Children and Families Committee to the Health Care Financing Committee in early June, the redraft was removed, and the provider-friendly version of the legislation was re-inserted as H. 4237. As unacceptable as this bill has become, the process under which the redraft was removed from it is equally unacceptable.

Please ask your senator to vote against H. 4237 in its current form, and to send it back to the committees it came from so that Senator Barrett’s redraft can be found and restored to it.

Sheltered workshops for the disabled win big reprieve in Massachusetts

July 14, 2014 5 comments

A major effort by advocates of sheltered workshops in Massachusetts to persuade state legislators and the Patrick administration that the workshops provide invaluable skills and activities for their loved ones with intellectual disabilities has paid off.

Last week, Governor Patrick signed the Fiscal Year 2015 state budget, which contains language protecting the workshops from closure.  The language states that the state must not “reduce the availability or decrease funding for sheltered workshops serving persons with disabilities who voluntarily seek or wish to retain such employment services.”

The passage of this language appears likely to cause at least a slowdown in the administration’s plans to close all remaining sheltered workshops in the state as early as next June.   The administration has contended that sheltered workshops “segregate” people with developmental disabilities from their non-disabled peers in the mainstream workforce. Supporters of the workshops, and we are among them, argue that the workshops provide needed skills and fulfilling work for people with intellectual disabilities, and do not prevent them from contact with peers in the community.

The protective workshop language survived a House-Senate conference committee late last month, and Gov. Patrick had until last Friday to line-item veto it, and chose not to do so.  So, it’s now the law.

The legislative victory is largely due to an intensive effort by workshop supporters to get the word out to key legislators — particularly to Rep. Brian Dempsey, chair of the House Ways and Means Committee — of the value of the workshops, and of the contention that the administration and corporate provider-based organizations such as the Arc of Massachusetts were spreading misinformation about them. Dempsey, in particular, has turned out to be a strong supporter of the workshops, particularly in the budget conference committee.

It remains to be seen whether the protective language will help people like Tom Urban, a 55-year-old man with Down Syndrome, who had been employed in a sheltered workshop for the bulk of his adult life, according to his brother and guardian, Richard.   Richard said that last December, he was informed that all sheltered workshops were being closed and that Tom would no longer be employed, as of the very next day, in his workshop, operated by Work, Inc., a Department of Developmental Services provider.

“To put it mildly, this was a rather disruptive change in Tom’s life with no opportunity to prepare him for this shocking development,” Richard Urban wrote in an email to Rep. Dempsey in late May.  “Moreover,” he said, “no chance was provided for me, as his brother, guardian and caretaker, to voice any opposition, or input, to this policy change imposed by (DDS).”

Richard said that although Tom “has limitations in a variety of areas, his work ethic and paycheck (from his sheltered workshop program) were two constants that allowed him a place on a playing field of equality with his peers, family and friends.”   Since his “forced exit from his workshop,” Richard added, Tom “has grown distant, is very confused, and expresses continued sadness over his job loss.  His identity, and work community, have been lost, through no fault of his own but by virtue of a policy shift for which I am at a complete loss to understand.”

The effort to close the workshops has been driven by an extreme anti-congregate care ideology that the Patrick administration subscribes to.  Simply because a group of disabled people work together in sheltered workshops, the administration considers it to be a “segregated setting.”  As a result, we are concerned that despite the budget language allowing those who are currently  in workshop programs to remain in them, people like Tom Urban, who have lost their workshop programs or are seeking for the first time to get into one will find not be able to do so.  Last year, the administration announced it would no longer allow new referrals to sheltered workshops in the state as of this past January.

In addition, the FY 2015 budget contains at least two reserve funds totaling $3 million to support the transfers of persons from sheltered workshops to provider-run day programs and unspecified job training programs.  While the administration contends that intellectually disabled people will all be able to reach their potential in mainstream or “integrated” work environments, there is  uncertainty over how many mainstream jobs really exist for most people with developmental disabilities, and many questions about what integrated employment really means.

Sheltered workshops have won a welcome reprieve in Massachusetts, but their future still remains uncertain; and also uncertain are the long-term prospects of fulfilling work activities for thousands of people with developmental disabilities in the state.

 

 

 

Abuse and neglect found to have caused serious injury to group home resident

June 18, 2014 4 comments

The state Disabled Persons Protection Commission has substantiated charges of abuse and neglect against a staff worker in a Bedford group home in which Paul Stanizzi, an intellectually disabled man, was seriously injured last August.

Stanizzi was at least partially paralyzed in the incident in the residence, which is operated by The Edinburg Center, Inc.,  a corporate provider to the Department of Developmental Services.  According to a DPPC report on the incident, Stanizzi was found lying on his back in his room by the staff worker on the morning of August 27.  The staff worker, who had been on the overnight shift, told investigators he had heard noises in Stanizzi’s room during the night, but never investigated them and then fell asleep for several hours during his shift.

After finding Stanizzi unresponsive on the floor at 6:30 in the morning, the staff worker admitted he lifted Stanizzi up, in violation of his First Aid training, and put him in his bed.  He then waited approximately 25 minutes prior to calling 911.

Stanizzi, who is non-verbal, was taken to Lahey Clinic in Burlington, which was planning to discharge him, according to the DPPC report.  But the hospital then admitted him for immediate surgery when it became apparent that Stanizzi had a spinal injury.  No group home staff accompanied Stanizzi to the hospital, according to the report.

The name of the group home staff worker is redacted in the DPPC report, which is dated February 20 of this year.  COFAR had requested a copy of the report in September and was provided by the DPPC with a redacted copy yesterday.  The report concluded that Stanizzi was seriously injured as a result of an “act or omission” on the part of the staff worker, and that a charge of abuse against the worker “was substantiated.”

When Fox25 TV news first reported this incident, the chief executive officer of The Edinburg Center maintained that Stanizzi may have injured himself.

According to the DPPC report, the staff member reported that when he found Stanizzi on the floor of his room, he had a black eye, bloody nose, bruises, and a gash on his knee.  The report also stated that Stanizzi was seen to have “other older injuries that did not appear to be self-inflicted,” and footprints on the back of his shins.  “It is believed that staff at the group home used extreme force on (Stanizzi),  resulting in the injuries,” the report stated.  Another client was observed in the past tied up in a chair, according to the report.

The incident involving Stanizzi has reportedly been under investigation since September by the Middlesex District Attorney’s Office.  I placed a call this morning to the DA’s office, seeking information on the current status of the case and whether criminal charges are expected to be filed.  Fox25 reported in November that a Middlesex grand jury had been impaneled in the case.

The staff worker, who was the only staff on duty in the group home during the overnight shift from August 26 to 27, told the DPPC that at about 4 a.m., he had heard noises from Stanizzi’s room, but he did not check on him.  Instead, he admitted that he fell asleep and woke up about 6:30, and then found Stanizzi lying on the floor on his back, not moving.

The staff worker told the DPPC he tried to get Stanizzi to stand up, but he could not, so he “lifted him off floor, put him over his shoulder and placed him back in bed.”  Instead of calling 911, the staff worker tried to have Stanizzi drink juice, the report stated.  The staff worker also said he tried unsuccessfully to contact two supervisors. According to the report, there was testimony that the act of moving Stanizzi without first immobilizing his spine may have worsened his injuries.  The report stated that Stanizzi was “expected to be a quadriplegic,” as a result of the spinal injury.

The DPPC report noted that a police officer who responded to the home noticed that the staff worker had a fresh scratch on right side of his face and that the staff worker told the officer he had no idea how it happened.  The officer said he found that suspicious.  There were four residents in the home, all non-verbal, and none had aggressive or assaultive behaviors, according to the report.

The DPPC report stated that documents indicate that Stanizzi had no history of an unsteady gate or falling out of bed.  The day before the incident, at a day program, the same staff worker had refused, according to testimony, to allow staff there to examine apparent abrasions to Stanizzi’s legs.

According to the report, the staff worker’s testimony changed in a number of instances.  He initially denied that he had fallen asleep and later admitted that he had done so.  He also admitted to having given false statements about the day program incident and about Stanizzi having hit himself in the face. The report states that the staff worker denied that he physically assaulted Stanizzi, but it concluded the truthfulness of that statement “is called into question” by the staff worker’s admission that he had lied about the other issues.

The DPPC report recommended retraining for staff and regular checks by the provider to make sure staff are awake on overnight shifts, as well as documented bed checks.  While the staff worker implicated in this case has reportedly been terminated, the report recommend he not be rehired in the future.

As COFAR previously reported, an online DDS licensing report on the Edinburg Center stated that Edinburg’s two-year license to operate residential group homes was being “deferred” because of problems with medication administration.  Other problems were noted in the report that required a 60-day follow-up by DDS, although there were no references to specific problems with abuse or neglect there.  (As of today, the latest licensure report on DDS’s website is still dated December 2010, which would make it about a year and a half out of date.  DDS licensure reports and operating licenses are valid for two years, meaning that a new report should have been posted on the website in December 2012.)

The 2010 licensure report also stated that Edinburg had been experiencing growth since 2008 and yet was “dealing with economic decline and its ongoing impact on agency services.”  The report added that the provider had lost clinical and emergency services and yet had opened two new 5-person homes in FY 2010.  As we noted, it seems strange that a provider would be cutting services and yet opening new homes at the same time.  Opening new facilities at the same time that services are being cut may indicate that this provider may be stretched thin on its staffing, or was stretched thin as of December 2010.

The Stanizzi family has apparently filed suit against The Edinburg Center.  Yesterday, I received a subpoena from an attorney for the provider, seeking all records COFAR possesses relative to the case.