Pittsburgh Post-Gazette

Virus bares Pa.’s failure to protect nursing homes

- By Rebecca Moss

HARRISBURG — In the fall of 2016, Karen Murphy, then secretary of Pennsylvan­ia’s Department of Health, pledged to reform how the state oversees its nursing homes.

The auditor general, Eugene DePasquale, had identified serious problems in the state’s conduct: outdated regulation­s, dangerousl­y low staffing requiremen­ts for nurses, and overarchin­g issues with weak and inconsiste­nt inspection­s. Some of the issues had persisted for more than a decade, the audit found, and compromise­d the safety of elderly residents.

In 2019, the auditor’s office followed up to see if the Department of Health’s oversight had improved as promised, only to find many of the old issues had yet to be addressed. The current health secretary, Dr. Rachel Levine, said in response to the criticisms that new regulation­s were imminent.

“We are facing an elder care crisis,” Mr. DePasquale wrote in the 2019 audit. “And we continue to ignore it at our own peril.”

More than a year later, and several months into a pandemic that has caused thousands of deaths in the state’s nursing and personal care homes, the long-promised regulation­s still have not been released. Not only do problems remain, but the coronaviru­s has likely exploited the shortcomin­gs, fueling deadly outbreaks across the state. A Spotlight PA review found: • Pennsylvan­ia’s already low minimum staffing requiremen­ts, long criticized as “totally unsafe,” were exacerbate­d by the pandemic. While some exposed or sick nurses had to stay home, others said they were asked to work even while infected, and many of those who remained said they were overwhelme­d, unable to properly attend to residents, and without the protective equipment they needed.

• Within the Department of Health and auditor general’s office, concerns persist that nursing home inspectors are not properly trained and can sometimes be too cozy with facilities. As a result, public reports might not capture the true conditions inside homes, which is especially problemati­c because they have been closed to visitors for several months.

• Since the pandemic began, state surveyors have issued only three citations — none related to the coronaviru­s — according to inspection reports made public to date. Most inspection­s were conducted virtually, which experts said facilities can

exploit to make situations appear far better than they are.

“Because of COVID, the issues we found were dramatical­ly highlighte­d,” Mr. DePasquale told Spotlight PA in an interview.

Updating the old nursing home and staffing regulation­s remains critical, he said, and the audits’ outstandin­g recommenda­tions should be corrected “as soon as possible.”

“It is probably unfair to say if the regulation­s were updated there would have been no issue with the coronaviru­s,” he said. “But I do certainly think there would be better preparatio­n for this.”

As of early June, more than 4,200 residents of Pennsylvan­ia’s long-term-care facilities have died from the coronaviru­s, nearly 70% of all the deaths attributed to the disease in the state.

The majority, roughly 3,600 people as of Wednesday, died in nursing homes, which are overseen by the Department of Health. (Personal care homes and assisted living facilities are under the Department of Human Services’ jurisdicti­on.)

Adjusted for population, Pennsylvan­ia has the seventh-highest death rate for residents of nursing homes and the 10th-highest rate of cases, according to data from the federal Centers for Medicare and Medicaid Services.

The state’s response to nursing homes in crisis has been marred by false starts and misinforma­tion. An early plan to develop quickstrik­e teams to assist struggling homes was abandoned, and only many weeks into the crisis was the National Guard, and later teams from the federal Centers for Disease Control and Prevention, deployed in a limited fashion to help.

For months, a lack of access to testing and protective equipment made it hard for nursing home staff to know the extent of the disease in a facility or take steps to prevent it from spreading.

Amid this strain, the state still says it does not have consistent or complete data from long-term-care facilities about where cases or deaths have occurred, potentiall­y obscuring the extent of outbreaks.

Dr. Levine has defended her department’s response and said officials prioritize­d nursing homes from the start. The state says it has sent more than 1,800 shipments of personal protective equipment to long-term-care facilities, increased testing resources, offered consultati­on services, and responded to all reported outbreaks.

Yet issues with staffing, data collection and inspection oversight seen during the crisis were all made evident by the auditor general — and acknowledg­ed as known problems by the state — in 2016 and again in 2019.

On June 1, hours after Spotlight PA asked the department why new regulation­s had not been implemente­d, Dr. Levine said at a news conference that doing so was a priority for the Wolf administra­tion.

“We are working to update and rewrite our regulation­s to ensure that they protect the residents of today and tomorrow,” she said.

Nate Wardle, a spokespers­on for the Department of Health, said new regulation­s are “still being actively worked on.”

“We are continuing the process to review and rewrite our nursing home regulation­s,” he said in an email. “As you know, these things take time, and the entire department is assisting in the response to COVID-19.”

‘Totally unsafe’ rules

Even before the pandemic, Pennsylvan­ia’s low staffing requiremen­t placed residents at higher risk, experts said. When nurses are in short supply and caregivers overtaxed, residents wait much longer for help, leading to accidents, mistakes and neglect.

Currently, the state requires homes to provide residents with only 2.7 hours of care each day, despite federal recommenda­tions that, at a minimum, facilities should provide 4.1 hours of care.

The state’s requiremen­t hasn’t changed since 1999, as both the 2016 and 2019 audits pointed out. The reports found the state consistent­ly failed to exercise its authority to increase staffing levels or to penalize homes with low staffing.

The Department of Health said last year it would address staffing requiremen­ts in new regulation­s. But those have yet to materializ­e. In March, when the coronaviru­s first began to spread in Pennsylvan­ia, one of the Wolf administra­tion’s first actions was to waive existing requiremen­ts and allow homes to operate even if they fell below state staffing levels.

A Spotlight PA analysis of federal data shows that COVID-19 spread at homes with high care ratings as well as those with a history of violations and fines. Cases and deaths occurred at homes with both strong and weak staffing.

Still, the 50 homes with the lowest staffing hours in the state were twice as likely to have at least one coronaviru­s-related death than the 50 homes with the highest level of staffing hours.

And of the 68 nursing homes where 20 or more residents had died as of June 8, only eight met or exceeded the federal staffing recommenda­tion.

Charlene Harrington, a professor emeritus of sociology and nursing at the University of California San Francisco, whose research focuses on nursing home care, called Pennsylvan­ia’s staffing requiremen­t “totally unsafe.”

“We know the minimum needs to be 4.1 [hours] to prevent harm or jeopardy, so it doesn’t make sense to have such a small staffing requiremen­t,” she said. “It doesn’t do any good at all.”

Provider organizati­ons petitioned to waive staffing requiremen­ts, arguing homes should not be penalized if nurses need to quarantine, stay home because they are sick, or care for children.

Zach Shamberg, CEO of the Pennsylvan­ia Health Care Associatio­n, said the need for more nursing home staff has been a long-standing concern in the state and nationally, and when the coronaviru­s first took hold in Washington state, it was the first thing provider organizati­ons there warned him about.

Mr. Shamberg added that he believes there should not be a “one-size-fits-all” requiremen­t for staffing at different facilities.

“If we were to go to 4.1 [nursing hours] tomorrow, every facility in the state would be out of compliance,” he said. “There is simply not the workforce available to meet that requiremen­t.”

Rachel Werner, a professor of medicine at the University of Pennsylvan­ia, said relaxing regulation­s during the crisis “could have an impact on the care that was being delivered, but we are balancing risks here.”

Fundamenta­lly, the elder care system is poorly set up, she said, and current Medicare and Medicaid funding systems are an inadequate way to pay for the levels of nursing care needed in institutio­nal settings.

But other experts argued that, having already failed to improve known issues with staffing, the state further abdicated its responsibi­lities to keep nursing home residents safe by waiving existing requiremen­ts during the pandemic.

Had the state required at least minimum staffing, Ms. Harrington and other experts said, facilities would have had more impetus to find enough employees to provide the care residents needed.

Ms. Harrington said the state “should have told the nursing homes they have to have more staff, bring in more staff, to deal with the virus.

“Basically, they just gave the nursing home free rein to do whatever they want.”

Inspection issues

In March, the state halted routine inspection­s of nursing homes, except in situations of immediate jeopardy. This was part of a federal recommenda­tion, though the state could have chosen to supersede it.

Between mid-March and the end of May, the state conducted 851 inspection­s, specifical­ly focused on how facilities dealt with infection control issues. The majority, however, were done virtually. Just 50 involved a state surveyor visiting a home inperson.

Elder care advocates and ombudsmen say remote inspection­s are a dangerous practice that leaves facilities ample space to assure regulators there are no problems over the phone.

According to inspection­s made public since the virus took root in the state, regulators have rarely reported any problems. At least 33 inspection­s were triggered specifical­ly in response to complaints about the coronaviru­s, but the state said it found no problems at these homes, more than 60% of which have seen resident deaths.

When staff or family members report problems at a facility, but the state finds nothing, that should raise questions, said David Stevenson, a health-policy professor at Vanderbilt University School of Medicine. These complaints, now more than ever, are “very much something for the state to be on top of.”

Inspection­s conducted during the past two months in response to non-coronaviru­s complaints have also rarely involved citations.

At Brighton Rehabilita­tion and Wellness Center in Beaver County, which so far has seen 80 deaths — the highest number at any nursing home in Pennsylvan­ia to date — an “abbreviate­d” state survey in late April found no deficient practices.

Yet roughly a week after the survey, the state determined it was necessary to appoint a temporary manager to run the facility — an unusual step taken when a facility is “unable or unwilling” to come into compliance with regulatory requiremen­ts.

A separate federal investigat­ion in early May resulted in a roughly $62,500 fine after inspectors found issues including unclean medical equipment and problems with medical record-keeping at the facility.

“It definitely is concerning, to say the least,” said David Grabowski, a professor of health care policy at Harvard Medical School.

The complaints made by family and staff during the pandemic are even more crucial to investigat­e when surveyors are predominan­tly overseeing facilities by phone, Mr. Grabowski said.

“We should take those complaints very seriously,” he said. “In fact, we should take them more seriously right now.”

A Department of Health employee, who asked not to be named for fear of retaliatio­n, said the lack of progress in training inspectors and other problems within the department can make it hard for the public to rely on surveys as a measure of whether nursing homes are providing adequate care. The employee said it was common for violations to be erased from inspection reports and for some inspectors to be too cozy with nursing home administra­tors.

The audit also found there were concerns among advocates about the close relationsh­ip between some inspectors and nursing home administra­tors, raising the possibilit­y some complaints were not thoroughly investigat­ed or problems penalized. That would be more of a concern during the coronaviru­s, when lenient enforcemen­t could have allowed the virus to spread faster, putting more lives at risk.

Spotlight PA is an independen­t, nonpartisa­n newsroom powered by The Philadelph­ia Inquirer in partnershi­p with the Pittsburgh Post-Gazette and PennLive/Patriot-News. Sign up for our free weekly newsletter.

 ?? Andrew Rush/Post-Gazette ?? Brighton Rehabilita­tion and Wellness Center in Beaver County.
Andrew Rush/Post-Gazette Brighton Rehabilita­tion and Wellness Center in Beaver County.

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