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6:00 AM THU MARCH 5, 2015
N.H. Regulators Missed Warning Signs Of
Abuse And Neglect At Lakeview
By JACK RODOLICO (/PEOPLE/JACK-RODOLICO)
(http://mediad.publicbroadcasting.net/p/nhpr/files/styles/x_large/public/201503/Lakeview2.jpg)
Lakeview Neurorehabilitation Center in Effingham
Conway Daily Sun/Jamie Gemmiti
Yesterday, NHPR reported (http://nhpr.org/post/incidents-abuse-and-neglect-plaguenew-hampshires-lakeview-rehab-center) on
abuse and neglect of people with disabilities at
Lakeview Neurorehabilitation Center in Effingham. This story is the second in a
two-part series on Lakeview. (http://nhpr.org/topic/abuse-and-neglect-lakeview)
This past fall, when the Disability Rights Center released two reports (http://nhpr.org
/post/reporters-notebook-lakeview-source-documents) laying
out detailed accounts of abuse and
neglect at Lakeview, Governor Maggie Hassan called (http://governor.nh.gov/media
/news/2014/pr-2014-09-30-lakeview.htm) the
allegations “deeply disturbing.” She shut down
new admissions and ordered a review of how the Department of Health and Human
Services regulates the facility. Here’s Governor Hassan, last week:
"Well obviously the concerns and issues raised by the DRC report were very, very
important," Governor Hassan told NHPR last week. "We take them very seriously, as
we do all reports of potential violations of licensure standards or other kinds of
potential abuse or lack of care. "
But going back to at least 2011, state regulators knew about serious problems at
Lakeview. Yet the state renewed Lakeview’s license each year, giving the facility a clean
bill of health.
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For several years, there has been a stream of incidents at Lakeview – violence, missing
residents, frequent 911 calls and a client who died, allegedly of neglect. Yet none of
those incidents prompted sanctions from state regulators.
Timeline of neglect and abuse at Lakeview as compared
with N.H. oversight giving the facility a clean bill of health
"This was no surprise to them and, yes, they were aware of the gentleman who died up
there," says Karen Rosenberg, the attorney with the Disability Rights Center who wrote
the reports on Lakeview.
Rosenberg points to the state law (http://www.gencourt.state.nh.us/rsa/html/xi/151/151-mrg.htm)
regulating residential care facilities.
"That statue authorizes our state Department of Health and Human Services to deny,
revoke or suspend licenses when they have reason to believe that people’s lives are
being jeopardized, when facilities aren’t providing for their health, emotional, physical
wellbeing. And there was plenty of information out there to give the department reason
to exercise that authority," says Rosenberg.
NHPR asked why the Department of Health and Human Services didn’t act until the
Disability Rights Centers’ reports were published. Health and Human Services
Commissioner Nick Toumpas declined an interview for this story.
In an email, though, Toumpas wrote: “I do not think it would be accurate for you to
report that the Department did not act prior to the Disability Rights Center report.”
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(http://mediad publicbroadcasting net/p/nhpr/files/201503/Lakeview3 1 jpg)
A N.H. DHHS car enters Lakeview's gate on October 1, 2014. The Disability Rights Center issued two
reports on abuse and neglect at Lakeview on September 30th.
Credit Conway Daily Sun/Jamie Gemmiti
Within Toumpas’ department, the Bureau of Developmental Services is responsible for
caring for people with disabilities and brain injuries. And for years, placing people at
Lakeview has been a last resort for the bureau.
"Whenever you place somebody in a place of your last resort, then you better watch
what you’re doing," says Joni Beasley with UNH’s Institute on Disability. Beasley
travels the country consulting states on services for people with disabilities.
The Bureau of Developmental Services recruited Beasley to go to Lakeview twice – once
in 2012, and then again in 2013, after the young man died there.
Beasley says state officials told her: "We have people there who are very vulnerable and
we don’t think that they’re getting the kind of services that they need. And we would
like to help them do a better job.
Lakeview declined interviews for this story. But Beasley says when she went there,
high-level managers were not open to her suggestions. And one year after Beasley’s
visit, the State of New York had a similar experience with Lakeview.
The New York Justice Center for the Protection of People with Special Needs
(http://www.justicecenter.ny.gov/) took
issue with the care some New York residents were
getting at Lakeview. In early 2014, the Justice Center sent a series of letters to
Lakeview (http://nhpr.org/post/reporters-notebook-lakeview-source-documents) complaining it
didn’t report abusive staff, and suggesting Lakeview charged for care it wasn’t
providing. The Center threatened New York might pull funding.
That's when the mother of a Lakeview resident secretly recorded a conversation she
had with New Hampshire regulators.
Linda Blumkin lives in New York City. Her daughter, Jessica Klurfeld, was at Lakeview
from 2010 to 2013. Jessica was neglected and abused. After filing numerous complaints
that went nowhere, Blumkin became frustrated with New Hampshire regulators and
sought the help of the New York Justice Center.
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(http://mediad.publicbroadcasting.net/p/nhpr/files/201503
/140121 NHPR ABO LINDABLUMKIN 007 1 JPG)
Linda Blumkin filed numerous complaints with N.H. officials about Lakeview that went nowhere. Blumkin
eventually sought the help of the New York Justice Center on behalf of her daughter, who was a resident at
Lakeview.
Credit Allegra Boverman for NHPR
In early 2014, the New York Justice Center alerted New Hampshire's Department of
Health and Human Services that Lakeview may be operating outside the law. The
Justice Center specifically told the New Hampshire office with the power to revoke
Lakeview’s license.
That office is headed by John Martin, who Blumkin called and recorded without his
knowledge. Here's a partial transcript:
Blumkin: According to your bureau, Lakeview has a clean record. They’re a splendid
facility that’s in vi---that’s not in violation of anything.
Martin: That’s, that’s exactly right. As, as far as their, as far as their clinical inspections go
they have been deficiency free for at least the last four years.
The state does conduct yearly, unannounced visits to Lakeview. At the same time New
Hampshire inspectors concluded (http://nhpr.org/post/reporters-notebook-lakeview-sourcedocuments) Lakeview residents
received proper treatment, the New York Justice Center
found major problems.
The Justice Center also concluded New Hampshire’s regulators weren’t doing their
jobs. In emails to Blumkin, a New York investigator called New Hampshire’s
conclusions, quote, “sadly illuminating regarding [the Department of Health and
Human Services], which we had not intended to rely upon in any case.”
Martin went on to tell Blumkin the state found problems at Lakeview – but not
violations of the law.
Martin: We know that they have challenges, but that’s different from being out of
compliance with our specific rules.
That was a year ago. Since the Disability Rights Center reports were published, the
Licensing Unit has cited Lakeview for violations several times.
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(http://mediad publicbroadcasting net/p/nhpr/files/201503/Lakeview1 2 jpg)
The Lakeview campus in Effingham
Credit Conway Daily Sun/Jamie Gemmiti
On December 30 (http://nhpr.org/post/reporters-notebook-lakeview-source-documents) , a female
resident climbed under a fence – naked – and disappeared in the woods for 45
minutes. Two days later (http://nhpr.org/post/reporters-notebook-lakeview-source-documents) , the
state found five staff handling 30 clients, most of whom were supposed to have
intensive supervision. And the Department of Education found (http://nhpr.org
/post/reporters-notebook-lakeview-source-documents) Lakeview’s
special education school failed
to meet an array of basic standards.
"I don’t know why it failed so badly in New Hampshire," says Joni Beasley at UNH. "I
think it’s a tragedy, though, and a travesty. And I know the State of New Hampshire is
really working hard to make positive changes in the right direction as a result of it. But
isn’t it terrible that somebody had to die in order for that to happen? Of course it is."
On February 9, New Hampshire approved
Lakeview’s 55-page Plan of Correction
(http://nhpr.org/post/reporters-notebooklakeview-source-documents) .
That plan says
Lakeview will boost pay for low-level staff
by 50 cents an hour - which means staff
will still be paid less that the statewide
average, according to one survey - and
reduce the number of residents with
highly complex needs.
While New Hampshire lets Lakeview stay
in business, other states are making their
own judgments. Maine is pulling all its
residents from Lakeview.
"I have also had
conversations with the NH
Special Education director
[Santina Thibodeau] and
DHHS licensing bureau
director [John Martin],
which were less than
satisfying." - NY Justice
Center Investigator email to
Lakeview parent, January
3, 2014
And late last year the New York Justice Center wrote to Lakeview. The letter was blunt:
“New Hampshire oversight of Lakeview is not sufficient to ensure the safety of service
recipients placed from outside of the state.”
Documents and other media used in the reporting of this story are posted in our
Reporter's Notebook. (http://nhpr.org/post/reporters-notebook-lakeview-source-documents)
TAGS:
Lakeview Series (/term/lakeview-series)
Related Content:
NH News
Reporter's Notebook: Lakeview Source
NHPR News Series: Abuse And Neglect At
Lakeview (/topic/nhpr-news-series-abuseand-neglect-lakeview)
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