Case Types -Nursing Home Care Giver Institution Abuse

NY State Recognizes Terrible Abusive Conditions in Nursing Homes
ADULT HOMES IN NEW YORK

STATE HEALTH COMMISSIONER ANNOUNCES FURTHER ACTIONS TO PROTECT RESIDENTS AT ADULT HOMES IN NEW YORK STATE

Actions Build on Recent Legislation Proposed by the Governor to Ensure Proper Care at Adult Homes

ALBANY, April 30, 2002--New York State Health Commissioner Antonia C. Novello M.D., M.P.H., Dr.P.H. today announced actions the State Health Department will take to further strengthen its regulatory responsibility over adult homes in New York State.

Dr. Novello said she will immediately commence a working group of experts to review the care being provided to adult home residents and to offer recommendations on how that care can be improved.

Dr. Novello also urged the Legislature to immediately act on the Governor’s recently proposed legislation that will ensure that residents of adult care facilities (ACFs) receive quality care and are placed in homes that do not have outstanding violations directly impacting the health, safety or welfare of residents.

"The State Health Department is doing more now than ever before to protect and provide a safe environment for residents of adult homes," Dr. Novello said. "This industry has been beset by problems that have been decades in the making. Since taking over responsibility for adults homes surveillance just four years ago, this Department has taken aggressive action to protect residents at adult homes, but more needs to be done and the actions I’m announcing today, and the legislation proposed by the Governor, will strengthen the Department’s oversight role while adding needed protections for this vulnerable population."

The actions that will be taken to further strengthen the Health Department’s oversight of adult homes include:

Create a working group to come up with recommendations on how to ensure that residents in adult homes are receiving the best care. The panel will include consumer advocates, representatives from DOH, Office of Mental Health, State Office of the Aging, and the Commission on Quality of Care for the Mentally Disabled, as well as industry representatives. Adult Home statement of deficiencies (SODs) will be made available on the Department’s web site (and updated on a regular basis). A quarterly press release will be issued identifying recent adult home inspections and the results of those inspections. The first release will go out next month for the period January 1, 2002 through March 31, 2002. Emergency regulations will be promulgated that will clarify the requirement to report deaths at adult homes. A letter will be sent this week to all adult home operators reiterating the requirement that all deaths be reported to the State Health Department consistent with the 1994 law. DOH will increase resources to review and investigate death reports from adult homes. Dr. Novello noted that last year the Department spent an additional $600,000 to augment its surveillance staff for adult homes. The current number of adult home inspectors totals 34, including 17 in New York City. The Department will conduct regional training sessions for adult home operators to promote best practices that will improve the quality and safety of care and services provided to residents in these facilities.

Propose an amendment to the Governor’s recent adult home legislation to require input from adult home resident councils on Quality Incentive Payment Program (QUIP) funding allocations.

Provide funding for a demonstration program for consumer groups to provide peer support services in adult homes The actions announced today by the Commissioner will build on the recent legislation proposed by Governor Pataki that will prohibit referrals to ACFs, including adult homes, residences for adults and enriched housing, that do not have valid operating certificates, increase fines for violations related to care and require additional discharge planning requirements for patients released from inpatient facilities licensed or operated by the Office of Mental Health (OMH) or the Office of Alcoholism and Substance Abuse Services (OASAS).

On average, DOH annually conducts 575 unannounced surveys of adult homes in New York State and, in addition, investigates more than 500 complaints. In 2001, DOH investigated approximately 560 complaints, resulting in 181 violations. As a result of these surveillance efforts, the Department has initiated 74 enforcement actions over the past 12 months – more than at any other time in State history.