Tuesday, August 25, 2020

Illinois nursing home complaints not investigated for more than 3 months amid pandemic that killed thousands of residents

By Joe Mahr


Illinois Department of Public Health Director Dr. Ngozi Ezike talks to reporters during a briefing on COVID-19 at the Thompson Center on April 1, 2020, in Chicago. (John J. Kim / Chicago Tribune)
A month after firing the state’s top nursing home regulator without explanation and disciplining another, the Illinois Department of Public Health acknowledged Friday that the agency did not investigate complaints of neglect and abuse for nearly 3½ months during the coronavirus pandemic.

In a news release, the agency said it had hired a consulting firm and a former federal prosecutor to conduct a “top to bottom” outside review of its Bureau of Long-Term Care. The bureau oversees regulation of nursing homes and other long-term care facilities, which have been tied to more than half of Illinois’ COVID-19 deaths.

A health department spokeswoman said top administrators discovered July 8 that agency personnel had not investigated any of the abuse or neglect complaints it had received from mid-March until June 22 as required by state law. The most serious complaints require an investigation to begin within 24 hours, next-worst within seven days and least serious within 30 days.

The federal regulator of nursing homes, the Centers for Medicare and Medicaid, had said that during the pandemic states should focus on investigating concerns about infection control — which Illinois did continue to do ― as well as serious complaints of abuse and neglect, which state officials acknowledged did not happen when it should have. Regardless, the state law requiring timely investigations of all cases remained in effect.

On July 20, the agency fired Debra Bryars, an agency deputy director who ran the Office of Health Care Regulation, and placed Aimee Isham, who oversaw the Bureau of Long-Term Care, on indefinite paid leave. Isham resigned on Monday, state officials said.

Agency officials did not announce these moves and, when asked about them in late July, would not say why they occurred. Officials said Friday that they wanted to focus on catching up on the inspections, figuring out what happened and deciding how to ensure it didn’t happen again.

IDPH now has investigated 272 allegations received during this period and substantiated “the factual circumstances of 17 of those complaints,” according to the agency’s news release.

“Our top priority as a regulator of long-term care facilities in Illinois is ensuring vulnerable Illinoisans are kept safe by those responsible for their care,” IDPH Director Dr. Ngozi Ezike said in the release. “Anything short of that is unacceptable, and our entire department is committed to getting this right as we move forward.”

The lapse in investigations, the agency spokeswoman said, was based on decisions made by a retired employee who had come back to help out through June 5, in addition to Bryars and Isham. Bryars had been paid roughly $120,000 a year and Isham roughly $110,000, records show. Neither has responded to messages.

The advocacy group AARP Illinois said the agency’s delay in explaining what happened highlights broader failings by the state to prioritize Illinois’ aging population.

“On behalf of family caregivers, the lack of transparency displayed here is unacceptable and heartbreaking for families across Illinois. We respect the investigation, but the department’s failure to protect the health and safety of Illinois’ most vulnerable population is inexcusable and has gone on for far too long,” AARP Illinois director Bob Gallo said in a Friday statement.

In its Friday news release, IDPH said Manatt Health Strategies will conduct “a top-to-bottom review” of the bureau that oversees long-term care facilities, “with a focus on recommending best practices to ensure proper licensure and oversight activities.”

The agency said it also hired A. Courtney Cox, a former federal prosecutor, “to take a closer look at specific investigations IDPH conducted into complaints made concerning long-term care facilities during the COVID-19 pandemic. This review will inform IDPH’s efforts to improve existing procedures.”

The Tribune for weeks has been pressing the agency to release documents that could explain why, in late July, it removed Bryars and Isham. On Friday, after issuing the release, the agency told the Tribune it would not release additional records, citing exemptions in state law for preliminary drafts and attorney-client correspondence.

The state health department, designated by law as the state’s top regulator of nursing homes, is also the state’s lead agency fighting COVID-19. A Tribune investigation early in the pandemic found a high percentage of Illinois nursing homes had been cited for poor infection control practices, prompting advocates to warn that the state needed to aggressively monitor and fight the virus.

Gov. J.B. Pritzker and top leaders have repeatedly said their swift actions limited the virus’ spread and saved lives. Yet the agency’s efforts have at times been broadly criticized as too timid and uncoordinated. Facilities complained they needed help getting more staff and protective gear as infections swept through hundreds of facilities.

The virus has been blamed for killing more than 4,000 Illinois long-term care residents and workers, at last count. Recent federal data showed that the state’s death rate for nursing home residents, at nearly 48 deaths per 1,000 people, puts Illinois among the worst third of states and territories.

Public criticism of the state’s oversight efforts has waned as deaths tied to long-term care facilities began dropping significantly in recent months, from nearly 500 a week in May to now fewer than 100 a week. Homes are now beginning to accept visitors again.

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Illinois nursing home complaints not investigated for more than 3 months amid pandemic that killed thousands of residents

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