Agency strongly probed case of disabled patient

Dear Editor, Re “AP Exclusive: Maggot case at group home a rare look at neglect behind veil of NY state secrecy,” Aug. 10, 2017: While the incident is indeed terrible and cannot be minimized, the story was misleading and inaccurate, including multiple distortions, omissions, and mischaracterizations.

Immediately upon learning of this incident, the Justice Center launched an exhaustive investigation, working with state police and consulting closely with the Justice Center’s Medical Review Board. The lead investigator, a registered nurse, analyzed more than 1,000 pages of medical documents, conducted multiple inspections of the facility and staff interviews regarding the patient’s care, and observed staff administering tracheotomy care to patients.

The agency concluded, and the Medical Board confirmed, that the victim had been neglected by staff, but lacked evidence isolating a specific responsible person. The Oneida County District Attorney’s Office independently determined there was insufficient evidence for criminal charges.

The Justice Center required the facility to develop a corrective plan and required all staff to be retrained.

The article implies the Justice Center failed to help the family of the patient obtain information. This is false. Justice Center staff spent many hours with the patient’s father, providing him with guidance on how to obtain information, including the full investigation report.

The article also falsely suggests that investigative records were requested and not disclosed to auditors. All substantiated reports have been and are available to auditors, but auditors requested only a few selected case reports to review.

At its core, the article’s main dagger — alleging lack of transparency — amounts to nothing more than criticizing the Justice Center for abiding by the very laws that created the Justice Center, the first independent state agency in the nation dedicated to safeguarding vulnerable individuals in the care of state-licensed institutions. The Justice Center is subject to strict confidentiality requirements, articulated in law, with respect to investigations. The article simply ignores this critical fact. There are good reasons that both federal and state law require confidentiality of personal medical information like those contained in the reports. The Justice Center is duty-bound to respect the legal constraints on releasing highly personal, intimate, medical facts that these laws demand.

Denise M. Miranda Executive Director, Justice Center for the Protection of People with Special Needs

Delmar, N.Y.