Showing posts with label Health care. Show all posts
Showing posts with label Health care. Show all posts

Friday, October 6, 2017

People with severe autism with nowhere to go

This is a long article from Kaiser Health News (KHN), a nonprofit news service committed to in-depth coverage of health care policy and politics. KHN generously allows republication of most of their articles without charge. 

In the past I have covered issues having to do with deinstitutionalization, the diminishing number of choices and living situations available to people with disabilities, especially those with severe and profound intellectual and developmental disabilities (IDD), and the destructive effect that has on people with IDD and their families. This growing crisis has been exacerbated by federally-funded advocacy groups who promote the downsizing and closure of programs for the most severely disabled in the name of "Inclusion" and a perverse understanding of civil rights. I will address this and provide links to other sources in a future blog post.--JRB 

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Nowhere to Go: Young People with Severe Autism Languish in Hospitals

by Christina Jewett
September 26, 2017

Teenagers and young adults with severe autism are spending weeks or even months in emergency rooms and acute-care hospitals, sometimes sedated, restrained or confined to mesh-tented beds, a Kaiser Health News investigation shows.

These young people — who may shout for hours, bang their heads on walls or lash out violently at home — are taken to the hospital after community social services and programs fall short and families call 911 for help, according to more than two dozen interviews with parents, advocates and physicians in states from Maine to California.

There, they wait for beds in specialized programs that focus on treating people with autism and other developmental disabilities, or they return home once families recover from the crisis or find additional support.

Sixteen-year-old Ben Cohen spent 304 days in the ER of Erie County Medical Center in Buffalo. His room was retrofitted so the staff could view him through a windowpane and pass a tray of food through a slot in a locked door. His mother, who felt it wasn’t safe to take him home, worried that staff “were all afraid of him … [and] not trained on his type of aggressive behaviors.”

The hospital “is the incredibly wrong place for these individuals to go in the beginning,” said Michael Cummings, the Buffalo facility’s associate medical director and a psychiatrist who worked on Ben’s case. “It’s a balancing act of trying to do the … least harm in a setting that is not meant for this situation.”

Nationally, the number of people with an autism diagnosis who were seen in hospital ERs nearly doubled from 81,628 in 2009 to 159,517 five years later, according to the latest available data from the federal Agency for Healthcare Research and Quality. The number admitted also soared, from 13,903 in 2009 to 26,811 in 2014.

That same year, California’s state health planning and development department recorded acute-care hospital stays of at least a month for 60 cases of patients with an autism diagnosis. The longest were 211 and 333 days.


The problem parallels the issue known as psychiatric boarding, which has been an increasing concern in recent years for a range of mental illnesses. Both trace to the shortcomings of deinstitutionalization, the national movement that aimed to close large public facilities and provide care through community settings. But the resources to support that dwindled long ago, and then came the Great Recession of 2008, when local, state and federal budget woes forced sharp cuts in developmental and mental health services.

“As more children with autism are identified, and as the population is growing larger and older, we see a lot more mental health needs in children and adolescents with autism,” explained Aaron Nayfack, a developmental pediatrician at Sutter Health’s Palo Alto Medical Foundation in California who has researched the rise in lengthy hospitalizations. “And we have nowhere near the resources in most communities to take care of these children in home settings.”

So, families struggle — with waiting lists for programs, low pay for government-supported in-home help and backlogged or ineffective crisis support. Often they’ve faced some of these challenges for years. Autism is a neurodevelopmental disorder typically diagnosed at a young age and characterized by impaired communication, difficulty with social interaction and repetitive behaviors that fall along a spectrum of mild to severe.

Adolescents and young adults with severe autism may still have the mental age of a child, and short-term care to stabilize those in crisis who are nonverbal or combative is practically nonexistent. Longer-term care can be almost as hard to find. It must be highly specialized, usually involving intensive behavioral therapy; someone with severe autism gets little benefit from traditional psychiatric services.

General hospitals “are not really equipped to handle someone who is autistic,” said Mark De Antonio, director of adolescent inpatient services at Resnick Neuropsychiatric Hospital in Los Angeles. Several times a month, he said, he hears about patients with no immediate care options being medicated and sedated as they’re held. “It’s a huge problem.”

In New Hampshire this summer, 22-year-old Alex Sanok spent a month in Exeter Hospital after he became violent at home, breaking windows and hurling objects at walls. His mother called 911, and paramedics spent half an hour trying to calm him before restraining him.

At the hospital, his wrists and ankles were strapped to an ER bed for the first week, and he spent several more weeks in a private room before he could be transferred, according to his mother, Ann Sanok. State agencies that handle developmental disabilities and mental health offered little help, she said.

As the days passed, she said, she and her husband wondered: “What if [Alex] escalates again, what are we doing to do? We were getting no answers. Everyone seemed to kick the can down the road.”

Exeter Hospital said in a statement that its policy is not to use restraints unless there is an “imminent threat to patient or staff safety” and that any use is reviewed hourly. Sanok was moved in June to a special-needs residential school in Massachusetts, where his mother said he is doing well.

The federal government does no routine tracking of how autism is treated in ERs, but many experts say the problem of lengthy and inappropriate stays is nationwide and growing. Kaiser Health News identified some of the more extreme cases through interviews with autism and disability advocates, physicians and families in California, New Hampshire, New York and six other states: Arizona, Connecticut, Maine, Maryland, Michigan and Rhode Island.

Nancy Pineles, a managing attorney with the nonprofit group Disability Rights Maryland, said a group home took one young adult to a Baltimore ER earlier this year after he hit a staff member. And that’s where he remained for several weeks before the hospital moved him to a room in its hospice wing, she said — not because he was dying, but because there was nowhere else for him to go.

Such cases have been “on the increase,” Pineles said. “People with autism and more intense behavioral needs are just being frozen out.”

In Connecticut, the head of the state’s Office of the Child Advocate told lawmakers during a hearing on disability issues in May that the problem had reached a “crisis” level.

Private-insurance data underscore the concerns. In a study published in February in the Journal of Autism and Developmental Disorders, researchers from Pennsylvania State University found that young people ages 12 to 21 with autism are four times more likely to go to the emergency room than peers without autism. Once there, they are 3½ times more likely to be admitted to a hospital floor — at which point they stay in the hospital nearly 30 percent longer.

The analysis, based on a sample of 87,000 insurance claims, also showed that older adolescents with autism are in the ER more than their younger counterparts. The percentage of their visits associated with a mental health crisis almost doubled from 2005 to 2013.

“You’re looking at an increase in unmet need,” said Nayfack, who with Stanford University colleagues documented a similar trend from 1999 to 2009 in hospital admissions for young Californians with autism. By contrast, they found, hospitalization rates held steady during that decade for children and teens with Down syndrome, cerebral palsy and other diagnoses.

Tyler Stolz, a 26-year-old woman with autism and a seizure disorder, was stabilized after a few weeks in a Sacramento hospital, yet she remained there 10 months, according to Disability Rights California, an advocacy group that described her case in its 2015 annual report.

Ultimately, Mercy San Juan Medical Center went to court to demand that Stolz’s public guardian move her. The court filing noted that Stolz “previously harmed hospital staff” and that “a security officer is posted to the patient’s room 24/7.”

Although her conditions no longer required her hospitalization, they still “represent dangers to defendant and possibly to others if she were discharged to the community,” the facility contended. “There is no safe place for the client to go.”

The advocacy nonprofit helped place Stolz at a Northern California center that offered intensive behavioral therapy, recounted Katie Hornberger, its director of clients’ rights. The medical center did not respond to a request for comment, but two years after an investigator found Stolz in a bed covered by a mesh tent, the case remains vivid in Hornberger’s mind.

“I don’t believe we put people in cages,” she said.

New York Stands Out

Some of the longest hospital stays in the nation, averaging 16.5 days, occur in New York state.

James Cordone, 11, spent seven weeks in a Buffalo, N.Y., children’s hospital in a tent-like bed, with a hospital receptionist or instrument sterilization tech in his room at all times, his mother said. The difficulty families like hers face is “the dirty little secret no one wants to talk about.”

Debbie Cordone of Cheektowaga, N.Y., was a retired police dispatcher who had raised her own children when she and her husband adopted James as a toddler. Diagnosed with autism at 3, James was a boy with a bright smile who loved to cuddle, she said. At 8½, James began to grow combative. To ward off injury, the Cordones locked up their knives and forks and put away glass picture frames.

But then their son started head-banging — a problem with some children who have a severe case of autism. The Cordones’ house bears the scars of his pain, including holes in the drywall and a shattered window.

On his 9th birthday, in December 2014, James went into a rage, Cordone said. It took four adults to restrain him.

“He was trying to put his head through the window, sweating profusely,” she said. “He was not there. It was a blank stare.”

The family called 911. James was taken to the Women & Children’s Hospital of Buffalo, where he was sedated on and off for 13 days. He went home, but a fit of rage a few months later landed the young boy in the same hospital for seven weeks in March 2015. “We couldn’t ride out the storm any longer,” Cordone said.

Cordone said her son lived out those weeks in a “Posey Bed,” which resembles a child’s playpen propped on top of a hospital bed. During that time, she joined her adult children in a social media campaign to pressure her insurer to pay for intensive behavioral therapy.

The family prevailed, and James went to a center in Baltimore where staff — three counselors for his case alone — focused on his communication skills and adjusted his medication. He now lives in a group home near the Cordone family. He is “a success story,” Cordone said, albeit a rare one among children with severe autism.

“This is a crisis,” she said, “and no one is recognizing it.”

Women & Children’s Hospital of Buffalo did not return calls seeking comment.

Mary Cohen, who also lives in the Buffalo area, has endured a similar struggle as a single mother. Ben’s 6-foot-1, 240-pound presence dwarfed her petite frame.

She began locking herself in a basement room to escape his outbursts, while still monitoring him via cameras she’d installed throughout the house to make sure he was safe. As the lock-ins became more frequent, she realized, “I can’t keep going like this.” She found a nearby group home, covered by his disability and Medicaid payments, that could accommodate Ben.

On Aug. 1, 2016, it all imploded. Medication changes and an ear infection triggered a rage, Cohen said, and Ben hurt one of the staff members. Someone called 911, he was taken to the psychiatric emergency room at Erie County Medical Center, and a waiting room there is where he lived until early this summer.

“Staff was on the other side of the window watching him 24 hours around the clock,” Cohen said.

Though a 304-day stay is a record there, cases like this have surged at the hospital, said Cummings, its executive director of behavioral health. They spurred him to launch a grant-funded home-visit program aimed at keeping families with autistic children from reaching a breaking point. He and his clinical partner have counseled nearly 400 families to help manage their youngsters’ medications and find services, and their ER visits have dropped by nearly 50 percent, he said.

“It’s money best spent now, because you’re going to spend it in the end,” stressed Scott Badesch, president of the Autism Society. The organization, well aware of what Badesch calls hospital “warehousing,” is pushing lawmakers nationally to spend more on behavioral counseling and in-home support for families.

A bed finally opened up for Ben at Baltimore’s Kennedy Krieger Institute — a private, highly regarded facility that offers intensive therapy, psychiatry and family coaching. Cohen held out for a placement there, hoping the staff could turn Ben’s behavior around. The teen and his mother made the 360-mile trip in June by ambulance and plane.

“I want to do the right thing for him,” Cohen said. “Because one day I’m not going to be there for him.”

KHN’s coverage of children’s health care issues is supported in part by a grant from The Heising-Simons Foundation and its coverage related to aging & improving care of older adults is supported by The John A. Hartford Foundation.

ChristinaJ@kff.org | @by_cjewett

Kaiser Health News, a nonprofit health newsroom whose stories appear in news outlets nationwide, is an editorially independent part of the Kaiser Family Foundation.

Wednesday, October 8, 2014

When more costs less: more RN's in nursing facilities equals better and less costly outcomes for patients

Some of the most severely developmentally disabled people have medical needs that go beyond what most community settings and group homes can provide and may only be adequately met in Intermediate Care Facilities for people with intellectual and developmental disabilities. But what is the cost of not meeting those needs through the availability of competent nursing services?

Here is a clue from an article in the New York Times, "Where are the Nurses?" by Paula Span, 8/13/14. It looks at the effects of too few registered nurses in nursing homes:

"The 1987 federal law intended to reform the country’s nursing homes required a registered nurse on-site only eight hours a day, regardless of the size of the facility. Supporters at the time understood that in a building full of sick and disabled elders, health crises could occur at any hour. But getting the legislation passed required substantial compromises, including in regulations allowing reduced nurse staffing.


"'It’s something advocates have wanted to return to ever since,' said Robyn Grant, director of public policy and advocacy for the National Consumer Voice for Quality Long-Term Care. 'I think most people will be both shocked and appalled that there’s not an R.N. on duty around the clock.'"


Representative Jan Schakowsky, Democrat of Illinois, wants to fix this through proposed legislation, HB 5373:


"Adding registered nurses will hardly solve all the quality problems at nursing homes, which need more staff of other varieties, too. But it’s important unfinished business.


"'Otherwise, we probably should refer to these facilities as something besides nursing homes: 'pre-hospitalization holding facilities,' perhaps, or 'well-intended residences for the incurably underattended to.' You can probably come up with a few even-less-flattering names yourselves.'"


Studies cited in the article support the idea that providing adequate nursing care in nursing facilities will save money in the long term: 


"Studies have repeatedly pointed to the importance of registered nurses. With higher registered-nurse staffing, patients have fewer pressure ulcers (aka bedsores) and urinary tract infections and catheterizations. They stay out of hospitals longer. Their homes get fewer serious deficiencies from state inspectors. Their care improves, but it costs less."
 

Perhaps we could learn something from this for people with DD.

Saturday, August 9, 2014

Kentucky: Specialty medical clinic for people with DD

Wild Turkey
From the VOR weekly news update, August 8, 2014

Kentucky: A new wave of progress in healthcare is coming
This is from Exceptional Parent Magazine * August 2013 * by Matt Holder, MD, MBA, Chief Executive Officer of the Lee Specialty Clinic and the President of the Academy of Developmental Medicine and Dentistry

Excerpts

  On June 11, 2014, Governor Steven L. Beshear presided over the ribbon cutting ceremony for the Lee Specialty Clinic in Louisville, Kentucky.  While this ceremony celebrated the opening of just one clinic in one city in the United States, this single event marks one of the most significant developments in healthcare for individuals with intellectual and developmental disabilities in decades.

   The Lee Specialty Clinic focuses exclusively on people with intellectual and developmental disabilities. Its core services include primary care medical services, specialty medical services, dental services, psychiatric and behavioral services, physical therapy, occupational therapy, speech therapy, and crisis intervention services. These services are provided in an interdisciplinary fashion, whereby the professionals who provide them communicate with each other for the benefit of the patient. The Lee Specialty Clinic also serves as a teaching and research program where students from any healthcare discipline can learn, intensively, how to care for people with I/DD. Finally, and perhaps most important of all, the clinic model is reproducible. Its funding model has been approved at the federal level and its coordinated through the Medicaid system. This means that any state that desires to create such a model can do so.

YEARS OF COLLABORATION

    The creation of the Lee Specialty Clinic did not occur overnight. In fact, it took years of collaboration between doctors, families, advocates, self-advocates, policy makers and  governmental  professionals,  but  its existence stands as a testament to what can be achieved when all of these groups work together for the benefit of people with IDD. The  origin  of  the  Lee  Specialty  Clinic dates back  to  1999  when  a  dentist,  Dr. Henry  Hood,  a  family  advocate,  Louise Underwood and a state legislator, Representative Jimmie Lee worked diligently  to  create  a  pilot  dental  program.  After three years of advocacy, the Underwood and Lee Dental Clinic opened its doors to the public in 2002. At the time, it was estimated that the clinic might serve two or three hundred people with IDD from the Louisville metropolitan area.  By 2006, the clinic had received multiple awards for its innovative approach and quality outcomes and it was serving around 700 patients from over 30 counties in Kentucky. Some families drove five hours across the state just to come to the clinic.

 Read more...

Saturday, January 26, 2013

Update on important Medicare settlement

This is an update from my blogpost of January 18th, 2013. The final approval of the settlement requires that skilled nursing and therapy services necessary to maintain a person's condition be covered by Medicare based on need rather on improvement in the benficiary's condition.

From the Center for Medicare Advocacy (CMA):

"The Center for Medicare Advocacy, along with its co-counsel Vermont Legal Aid are pleased that the Settlement in the Medicare Improvement Standard case, Jimmo v. Sebelius,[1] was approved on January 24, 2013 during a scheduled fairness hearing, marking a critical step forward for thousands of beneficiaries nationwide. "

Saturday, October 20, 2012

Election 2012: Michigan's Proposal 4 and Home Help Services

Proposal 4 is a controversial ballot proposal that takes a non-controversial Medicaid-funded service for people who need help to remain in their own homes and places it at the center of a debate over left-right politics, public employee unions, the role of advocates for seniors and people with disabilities, and a formerly state-funded organization - the MQC3 - that may or may not disappear unless Proposal 4 passes.
 

Whether or not Proposal 4 passes, Home Help Services will continue to be provided for people on Medicaid. The Home Help Services program has been around for over 25 years. If you are on Medicaid, you are entitled to these services based on your need for them.

The following is the wording for Prop 4: 

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PROPOSAL 12-4
A PROPOSAL TO AMEND THE STATE CONSTITUTION TO ESTABLISH THE MICHIGAN QUALITY HOME CARE COUNCIL AND PROVIDE COLLECTIVE BARGAINING FOR IN-HOME CARE WORKERS

This proposal would:

  • Allow in-home care workers to bargain collectively with the Michigan Quality Home Care Council (MQHCC). Continue the current exclusive representative of in-home care workers until modified in accordance with labor laws.
  • Require MQHCC to provide training for in-home care workers, create a registry of workers who pass background checks, and provide financial services to patients to manage the cost of in-home care.
  • Preserve patients’ rights to hire in-home care workers who are not referred from the MQHCC registry who are bargaining unit members.
  • Authorize the MQHCC to set minimum compensation standards and terms and conditions of employment.
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Background Information and Analysis of Prop 4

To understand proposal 4, the best place to go for an objective analysis of the issues is to a report from the Michigan Senate Fiscal Agency (SFA) that provides background information on the proposal and explains the ramifications of a "yes" or "no" vote.


The Introduction to the SFA report lays out the issues involved in this proposal:

"Proposal 12-4 relates to workers who provide in-home care to Medicaid-eligible recipients of services under an existing State program called Home Help Services. These workers, who are hired by the recipients and paid by the State, are often relatives or friends of the recipients. The workers belong to a labor union, SEIU [Service Employees International Union] Healthcare Michigan. For this purpose, the workers are considered public employees of an entity called the Michigan Quality Community Care Council.

"In April 2012, legislation was enacted to prevent these workers from being considered public employees, and to prevent SEIU Healthcare Michigan from being recognized as their bargaining representative. A Federal lawsuit was filed to challenge that law. In June, the judge issued a preliminary injunction, preventing the law from taking effect for the time being. The Attorney General has filed a motion to appeal."


The Home Help Services Program is administered by the Michigan Department of Human Services and is paid for with state and federal Medicaid funds. The program supports services to seniors and people with disabilities on Medicaid who need assistance with personal care activities and household chores. For more information, see The DD News Blog According to the SFA report, Proposal 4 reflects current practice with regard to recipients being allowed to hire and direct individual providers paid for by the state. Proposal 4 would not change this program.

The Michigan Quality Home Care Council (MQHCC) would replace the Michigan Quality Community Care Council (MQC3) and do what the MQC3 was doing, at least while it had funding: provide training for in-home care workers, create a registry of workers who pass background checks, and provide financial services to patients to manage the cost of in-home care. The MQC3 Board is made up of advocates for seniors and people with disabilities including Dohn Hoyle, the Executive Director of the ARC Michigan, who was the first Chair of the Board of Directors for MQC3. Here is a link to the MQC3 Web site.


According to the SFA, the MQHC "would set compensation standards, subject to appropriations by the legislature, and other terms of employment for the providers by program participants." Participant-employed providers would have the right to collectively bargain as public employees who do not belong to the civil service. "The providers would not be considered public or State employees for any other purpose, and would not have the right to strike," according to the SFA report.

Other pertinent facts are: 

  • The MQC3 was created in 2004 to coordinate personal assistance services provided by Home Help Services and to create a registry of providers. 
  • An election to organize Home Help Workers was held in 2005 with ballots sent out to 43,000 providers. Only about 8500 of them voted, with "yes" votes winning about 7 to 1 over "no" votes. 
  • According to a report from the Anderson Economic Group on "The Role of MQC3 and Home Help" from 2011, about 75% of the total number of home help workers are family members or friends of seniors or people with disabilities and 80% have only one client. 
  • In 2010 there were 53,516 consumers of home help services;  In 2008, there were on average 44,000 home help providers each month. 
  • MQC3 had an annual budget of about $1.1 million from the Michigan Department of Community Health. Its registry contains the names of about 900 providers.
Objections to the organizing of home help workers have come from many of those who are family members or friends of the person they are caring for in their own homes who do not consider themselves State employees. Others object to paying 2.75% of their meager wages (about $8 per hour) in union dues. They may opt out of belonging to the union but they still pay a fee to the union for representation.  As I understand it, the Michigan Department of Community Health deducts union dues and fees from Home Help workers pay checks, which are then sent through the MQC3 to SEIU Healthcare Michigan.

Others believe that the legislature, by passing Public Act 76 in April 2012 that amends Michigan's Public Employment Relations Act,
has undermined collective bargaining rights and that a constitutional amendment is necessary to protect these rights.  The law excludes people who receive government subsidies for their work from the definition of "public employee" and prohibits recognition of bargaining units made up of non-public employees. A Federal lawsuit challenged the law and an injunction has prevented it from going into effect.

The MQC3 has been defunded by the legislature and passing proposal 4 will put it back on its feet as the MQHCC. The organization's training programs and the registry of providers seem to be helpful, but whether it needs to be part of the Michigan Constitution is up to the voters.

One question that I have that I have not seen anyone address has to do with the MQC3 (and potentially the MQHCC) representing the "employers" of home help workers, seniors and people with disabilities who generate the Medicaid funding to pay for services.  Were these "employers" ever asked if they approved of the MQC3 representing them or if they wanted such representation? It appears that the State assigned the MQC3 to represent seniors and people with disabilities without their knowledge or participation.  

For Pro and Con views on Proposition 4, see opinion pieces in the Detroit Free Press from October 19, 2012:

Prop 4: Proposal assures higher standards for home caregivers, greater safety for patients by Dohn Hoyle

and

Prop 4: Family and loved ones providing home health care shouldn't be forced to pay union dues by Robert and Patricia Haynes

There will be a live chat on Proposal 4 at noon on Tuesday, October 23, 2012, sponsored by the Detroit Free Press. Go to the Web site  to submit questions in advance.

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I will be the first to admit that I am not an expert on many of these issues. I am just doing the best I can to piece together the information available to me. If you have  questions, corrections, or comments on this blog post, please say so in the comments on my blog. I will publish them as long as they are civil and coherent. A diversity of views and opinions on this issue are welcome.
 

Tuesday, September 25, 2012

Draft revisions to Michigan's Dual Eligibles plan

Is it possible to make the Michigan plan for Dual Eligibles worse for people with developmental disabilities? Apparently, yes, but we all still have a say in how this comes out and so does the Michigan legislature.
 

This is an e-mail from Tom Bird from ddAdvocates of Western Michigan sent out on 9/5/12.  It provides links to documents and other sources of information on Michigan's new proposal for an Integrated Care Bridge between Medicare, Medicaid, and mental health services.

From the Michigan Department of Community Health (MDCH): 

The Michigan Department of Community Health submitted documents to the Centers for Medicare and Medicaid Services (CMS) in response to its request for additional detail regarding the Integrated Care Bridge.  The Care Bridge is Michigan’s model for care coordination that was first outlined in the integrated care proposal submitted to CMS in April 2012.

These documents are drafts of the proposed Care Bridge concepts, have been posted to the website, and will be updated as discussions with CMS and stakeholders continue.

 

See the current Care Bridge concepts here. Scroll down to "Care Bridge Documents - 8-30-2012" for the link to the documents. The direct link to the pdf file is here .

Tom Bird's comments on the proposal:

"This contains the letters to CMS as well as the power point presentation, and a 'narrative' on how the care bridge would work, in addition to the vignettes on how it is supposed to work. The PLC [Primary Lead Coordinator] is supposed to be an ICO [Integrated Care Organization] (multi-county Health Plan) employee, responsible for the initial screening and intake, and the LC [Lead Coordinator] is either an ICO employee or an ICO-certified and trained contractor of another organization which the ICO will ultimately have control over and oversight of. It could be an existing CMH supports coordinator, but they would have to be trained and supervised by the ICO, with their time billed to the ICO. Either way, it puts the ICO (Health Plan) in total control of the 'care Bridge' functions as well as all of the funding for both Medicare and Medicaid (which are co-mingled and can be redistributed as the ICO desires); it puts the ICO in a position to deny or restrict services desired by the consumer, all far removed from the current system of local delivery, which presently offers local input and oversight via control of CMH Board appointments. If you add the incentive for the ICO to restrict (expensive) services due to the proposed 'profit sharing' of any savings, you have a big red flag waving."


Legislative review of changes to the Dual Eligibles plan is required by law: 

The following is wording from the 2012 appropriations law concerning legislative review of plans submitted to the federal Centers for Medicare and Medicaid Services (CMS):

Sec. 264. 
(1) Upon submission of a Medicaid waiver, a Medicaid state plan amendment, or a similar proposal to the centers for Medicare and Medicaid services, the department shall notify the house and senate appropriations subcommittees on community health and the house and senate fiscal agencies of the submission.

(2) The department shall provide written or verbal biannual reports to the senate and house appropriations subcommittees on community health and the senate and house fiscal agencies summarizing the status of any new or ongoing discussions with the centers for Medicare and Medicaid services or the federal department of health and humanservices regarding potential or future Medicaid waiver applications.


(3) The department shall inform the senate and house appropriations subcommittees on community health and the senate and house fiscal agencies of any alterations or adjustments made to the published plan for integrated care for individuals who are dual Medicare/Medicaid eligibles when the final version of the plan has been submitted to the
federal centers for Medicare and Medicaid services or the federal department of health and human services.


(4) At least 30 days before implementation of the plan for integrated care for individuals who are dual Medicare/Medicaid eligibles, the department shall submit the plan to the legislature for review.
[emphasis added]


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Here is a refresher course on the issues regarding dual eligibles and people with DD.

Monday, September 17, 2012

Vulnerable seniors at risk from paid home caregivers

The VOR Weekly News Update from 9/14/12 reports on a national study: Dangerous Caregivers - Agencies place unqualified, possibly criminal caregivers in homes of vulnerable seniors


According to the Northwestern University News Center, July 10, 2012, "A troubling new national study finds many agencies recruit random strangers off Craigslist and place them in the homes of vulnerable elderly people with dementia, don’t do national criminal background checks or drug testing, lie about testing the qualifications of caregivers and don’t require any experience or provide real training."


The study was published in the July 13 issue of the Journal of American Geriatrics Society.

VOR notes that VOR will encourage the study’s authors to consider a similar study of caregivers for people with intellectual and developmental disabilities.

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Here is more from the Northwestern University News Center article by Maria Paul:

The author of the study Lee Lindquist, M.D., an associate professor of medicine at Northwestern University Feinberg School of Medicine and a physician at Northwestern Memorial Hospital is quoted in the article:

“It’s a cauldron of potentially serious problems that could really hurt the senior,” Lindquist said. “These agencies are a largely unregulated industry that is growing rapidly with high need as our population ages. This is big business with potentially large profit margins and lots of people are jumping into it.”

Some of the findings from the study:
  • Only 55 percent of the agencies did a federal background check.
  • Only one-third of agencies interviewed said they did drug testing - "'Considering that seniors often take pain medications, including narcotics, this is risky,' Lindquist said. 'Some of the paid caregivers may be illicit drug users and could easily use or steal the seniors’ drugs to support their own habits.'"
  • Few agencies (only one-third) test for caregiver skill competency - "A common method of assessing skill competencies was 'client feedback,' which was explained as expecting the senior or family member to alert the agency that their caregiver was doing a skill incorrectly."
  • Inconsistent supervision of the caregiver.
“'The public should demand higher standards, but in the short term, seniors need to be aware what explicitly to look for when hiring a paid caregiver through an agency,' Lindquist said."

Dr. Lindquist's advice on hiring caregivers:

10 QUESTIONS TO ASK BEFORE HIRING A CAREGIVER
  1. How do you recruit caregivers, and what are your hiring requirements?
  2. What types of screenings are performed on caregivers before you hire them? Criminal background check—federal or state? Drug screening? Other?
  3. Are they certified in CPR or do they have any health-related training?
  4. Are the caregivers insured and bonded through your agency?
  5. What competencies are expected of the caregiver you send to the home? (These could include lifting and transfers, homemaking skills, personal care skills such as bathing, dressing, toileting, training in behavioral management and cognitive support.)
  6. How do you assess what the caregiver is capable of doing?
  7. What is your policy on providing a substitute caregiver if a regular caregiver cannot provide the contracted services?
  8. If there is dissatisfaction with a particular caregiver, will a substitute be provided?
  9. Does the agency provide a supervisor to evaluate the quality of home care on a regular basis? How frequently?
  10. Does supervision occur over the telephone, through progress reports or in-person at the home of the older adult?

Friday, September 7, 2012

Rights Workshop in Howell, Michigan: 10/4/12

A Web site for the Family-to-Family Health Information & Education Center, or F2FHIEC, has loads of information for families with special needs children. According to the Web site, "Our goal is to improve access to quality care and supports for children with special needs in their communities by empowering families." F2FHIEC is funded by the U.S. Department of Health and Human Services, Health Resources and Services Administration, Maternal and Child Health Bureau under the Patient Protection and Affordable Care Act (ACA) of 2010. 

A workshop sponsored by Family-to-Family called "What Are My Rights and Responsibilities and Who Can Help Me Navigate the System?
 " should be helpful to families of adults with disabilities as well as families with special needs children.

This is from the Web site about the workshop in Howell that will be held on October 4, 2012, from 9 a.m. to 3 p.m. at the Livingston ESA, 1425 West Grand River Avenue, Howell, MI :

[The workshop] is for anyone who wants a better understanding of rights, responsibilities and complaint processes including timelines, complaint procedures and what someone could expect during the processes under:

  • Children’s Special Health Care Services
  • Community Mental Health Services/Hospital Mental Health
  • Medicaid
  • Special Education Services
Participants will receive resource information for groups and organizations available to assist in navigating systems and protecting a client’s rights. Basic information will be provided on how to gain access to and what makes someone eligible under each system.

Workshop Fee: $10 (Includes Meal)


SBCEUs or SWCEs: $15 [This is for people who need the workshop to count toward certification or accreditation.]


Scholarships: A limited number of scholarships are available for families. Please contact Lisa Cook-Gordon at (800) 359-3722.


Click here to register for the workshop in Howell.
 

Other Training Dates/Times/Locations outside of Southeastern Michigan:
  • October 9, 2012 from 9:00 am – 3:00 pm at Eastern Upper Peninsula ISD, 315 Armory Place, Sault Ste. Marie, MI 49783
  • October 11, 2012 from 9:00 am – 3:00 pm at Menominee ISD, 1201 41st Avenue, Menominee, MI 49858
  • October 29, 2012 from 9:00 am – 3:00 pm at Otsego District Public Library, 219 South Farmer Street, Otsego, MI 49078
  • November 12, 2012 from 9:00 am – 3:00 pm at Macomb ISD, Room 104, 44001 Garfield Road, Clinton Township, MI 48038 (586) 228-3321

Monday, August 27, 2012

The House of Gort: a glimpse into the life of a Michigan family caring for two severely disabled daughters

The House of Gort from Steve Tatzmann on Vimeo.

"The House of Gort" is an exceptionally well-done documentary giving a glimpse into the life of the Gort family. Gwen, the first daughter of Tim and Gina Gort, was born with cerebral palsy. The second, the adorable Violet, has no disabilities. The third daughter, Eliza, was born healthy but suffered a cardiac arrest due to a medical error in the hospital. She has severe cerebral palsy as a result of the brain damage she suffered. [Gwen and Eliza are no less adorable than Violet, but they get starring roles in the video. Violet will have to settle for "best supporting actress" with extra accolades for being adorable.]

The video documents the constant care that the Gorts give their daughters and the consequences of medical errors. Their story was covered in the Grand Rapids News on 8/12/12 in an article by Sue Thoms - Parents sue DeVos Children's Hospital over newborn daughter's brain damage: 'They know they are wrong'.  It was also covered in a Grand Rapids TV news story on 8/12/12.

The Gort's have a blog where you can follow their story.

Friday, August 3, 2012

Update on Ian: out of the emergency room, into the hospital, and free food from the hospital cafeteria

Update on Ian: Ian ended up spending 1 1/2 days in the emergency room with forty other people waiting for beds in our world-famous hospital. By late Thursday afternoon, the word came down that a room was available and Ian was there by 8 p.m. He is recovering from his bladder infection and was fever free today. He is starting to smirk again at the nurses, so I have hopes that he will be able to go home tomorrow.

When we visited Ian this evening there was a letter on his bedside tray from the chief operating officer of the health system apologizing for the long wait for admission to the hospital. With it were four $5 coupons to pay for meals at the hospital. I'm sure this is part of the "It's OK to say you're sorry" policy that I have written about before. It does take the sting out of the long wait and frustration of dealing with a large health system. $20 worth of food from the hospital cafeteria is not exactly a dining adventure, but I intend to spend every penny of it, no matter what. 

And yet I still have lingering questions about a health system that is so flush with money that it can build new hospitals with beautiful art work and spacious interiors year after year but can't get people from the emergency room to a hospital bed in less than a day and a half.

Sunday, July 1, 2012

Comment #5 (CMS-2249-P2): Standards for HCBS Settings

The CMS proposes standards for settings in which Home and Community Based Services, Medicaid-funded waiver services, may be provided: 

… we are proposing to clarify now that home and community-based settings must exhibit the following qualities, and such other qualities as the Secretary determines to be appropriate, based on the needs of the individual as indicated in their person-centered service plan, in order to be eligible sites for delivery of home and community-based services:
  • The setting is integrated in, and facilitates the individual's full access to, the greater community, including opportunities to seek employment and work in competitive integrated settings, engage in community life, control personal resources, and receive services in the community, like individuals without disabilities;
  • The setting is selected by the individual among all available alternatives and identified in the person-centered service plan;
  • An individual's essential personal rights of privacy, dignity and respect, and freedom from coercion and restraint are protected;
  • Individual initiative, autonomy, and independence in making major life choices, including but not limited to, daily activities, physical environment, and with whom to interact are optimized and not regimented; 
  • Individual choice regarding services and supports, and who provides them, is facilitated.
  • In a provider-owned or controlled residential setting, the following additional conditions must be met. Any modifications of the conditions (for example to address the safety needs of an individual with dementia) must be supported by a specific assessed need and documented in the person-centered service plan
  • The unit or room is a specific physical place that can be owned, rented, or occupied under a legally enforceable agreement by the individual receiving services, and the individual has, at a minimum, the same responsibilities and protections from eviction that the tenants have under the landlord/tenant laws of the State, county, city, or other designated entity. [We are soliciting comments as to whether there are other protections, not addressed by landlord tenant law, that should be included]
The proposed rule goes on to describe in even more detail, the requirements of HCBS settings such as privacy in sleeping units, lockable entrance doors, shared units only by individual choice, freedom to furnish and decorate, access to food at any time, individual control of schedules and activities, choice of visitors at any time, and physical access to the setting.

Two more conditions for eligible settings are added:
  • Individuals receiving HCBS must not have their independence or freedoms abridged by providers for convenience, or well-meaning but unnecessarily restrictive methods for providing person-centered services and supports; 
  • Individuals with cognitive disabilities and other impairments may require modifications of the aforementioned conditions for their safety and welfare.
What is the problem with having stringent standards for HCBS settings? 

My sons have profound intellectual disabilities and function at the level of 6-12 month-old infants. Many of these “standards” have no meaning to them nor are they relevant to ensuring high quality care, appropriate services, and opportunities to interact with other people. For instance, my sons are not able to work and do not need access to integrated employment opportunities. Being able to lock their door has no meaning to them, nor does it matter to them whether they rent, own, or lease the place where they live. Protection of their rights under the law, basic health and safety standards, and proper training of staff are of the most importance for ensuring their comfort and well being than most of the items on this list.

I understand how these standards might be vitally important to a person who functions at a much higher level intellectually and physically, but when standards are written for only higher functioning people they do a disservice to people like my sons. These standards place an extra burden on service providers that may be unnecessary or even contraindicated because of the person’s disability. It would be better to use this list as items for consideration by the person-centered planning team rather than as a list of standards that will ultimately be broken whenever health and safety cannot be maintained.

The person-centered planning process that includes the individual, their family, the professionals who work with them and others of their choosing should be the basis for arriving at a plan of services and determining an appropriate setting. Unless there is something wrong with this process there is no reason to second-guess the decisions that come out of it.

Saturday, June 30, 2012

Comment #3 (CMS-2249-P2): Guardianship and HCBS Medicaid Waivers

Individual Representatives and Guardianship
In other attempts to change the rules for HCBS waivers by CMS, there was no mention of guardians or an acknowledgement that some people are not able to make decisions for themselves. These proposed rules are better in that they mention a role for guardians. The proposed rules recognize representation through state guardianship laws and other methods:

When an individual is not capable of giving consent, or requires assistance in making decisions regarding his or her care, the individual may be assisted or represented by another person. Section 1915(i)(2) of the Act defines the term “individual's representative” by listing certain examples, but also provides that “* * * any other individual who is authorized to represent the individual” may be included. We believe that “authorized” refers to State rules concerning guardians, legal representatives, power of attorney, or persons of other status recognized under State law or under the policies of the State Medicaid program.

This paragraph, however, is troubling:

States should ensure that the representatives conform to good practice concerning free choice of the individual, and assess for abuse or excessive control. States should also ensure that the person-centered planning process continues to be focused on the individual with HCBS support needs and his or her preferences and goals, and supports are provided so the individual can meaningfully participate and direct the process to the maximum extent possible. We are proposing to provide that the State may not refuse to recognize an authorized representative that the individual chooses, unless the State discovers and can document evidence that the representative is not acting in the best interest of the individual or cannot perform the required functions.

In Michigan, guardianship is under the jurisdiction of the probate court, not the executive branch of state government or the agencies that oversee Medicaid. There have been several attempts to undermine the authority of guardians with proposed guidelines and policy statements from the Michigan Department of Community Health. The MDCH, however, may not usurp the authority of the Probate Court to appoint and monitor guardianships, although anyone can challenge a guardianship in court and ask the probate judge to review it. When a guardian is suspected of neglecting or abusing a ward, he or she may be reported to Adult Protective Services and the probate court. When a Community Mental Health agency has evidence that the guardian is not acting in the best interest of the individual, that issue may also be reported to the court, or the agency may go through appeals processes that are also available to the guardian to establish the appropriateness of services for the individual.

If the agency overseeing Medicaid or the provision of waiver services to the individual were allowed to make judgments about the competence or motives of the guardian, this would be an egregious conflict of interest. Guardians, most of whom are parents, siblings, or other family members, can be the most tenacious defenders of the rights of their family members. In fulfilling their responsibilities as guardians they are in the best position to challenge the decisions of agencies that the guardian feels are not acting in the best interests of their wards. Allowing the agency to make judgments on their role as guardian sets them up for intimidation and undermines their ability to meet their responsibilities as guardians.

This needs to be clarified to make sure that state laws regarding guardianship and the jurisdiction of the courts is respected. Furthermore, guardians are appointed by the court, not chosen by the individual, although in my experience the court does try to determine the preferences of the individual.  Many people are limited in their ability to make these kinds of choices, which is why they need guardianship in the first place.

Comment #2 (CMS-2249-P2): Choice for all - It's the Law

The law is on the side of maintaining a full range of options and services covered by the HCBS waivers:
 

  • The Supreme Court's Olmstead decision supports choice, despite the fact that it has been widely misinterpreted as a mandate to close all institutions: “We emphasize that nothing in the ADA or its implementing regulations condones termination of institutional settings for persons unable to handle or benefit from community settings...Nor is there any federal requirement that community-based treatment be imposed on patients who do not desire it.” 119 S. Ct. at 2187. Furthermore, the Olmstead decision does not comment specifically on or mandate the closure of community-based programs or residential placements of any particular size nor does it designate these programs as institutional in nature and therefore discriminatory.
     
  • Olmstead, and by extension the Americans with Disabilities Act, gives no support to eliminating or limiting access to settings that are "institution like", housing complexes that are "disability-specific" or designed around an individual's diagnosis, or housing complexes of any particular size, if these settings are appropriate to the needs of the individual.
     
  • Medicaid law for the waiver programs narrowly defines institutional care as care received in a nursing facility, an intermediate care facility for the mentally retarded, a hospital for mental diseases, or other hospital settings. It does not limit or define community settings in terms of “institutional qualities”. 

Whether it is proper for CMS in proposed rule changes to reinterpret and limit access to community settings that have “institutional qualities” is highly questionable.

The person-centered planning meeting should be the place where the individual’s needs and preferences are matched with compatible and appropriate services and living arrangements and where modifications to existing settings and acceptable compromises are determined. Maintaining a full continuum of services and settings is a better plan than limiting options or making them harder to access because some people might find them objectionable.

Tuesday, April 3, 2012

Michigan's Plan for Dual Eligibles: Comment on Self-Determination, Opting-out, and Physical Health Care

Self-determination and available service settings for people with DD

Currently, Self-determination is an option under state guidelines. It is an approach to serving people with DD (and others in the CMH system) that allows for individualized budgets and gives the person the ability to hire and fire service providers. While self-determination has been an innovative and useful approach for many people with DD, it is not the only or best approach for providing appropriate services for all people with DD, especially those with more extensive needs who may be safer, happier, and better served in congregate licensed settings.

In addition, under services provided by the plan, there is no mention in the proposal of Adult Foster Care homes in community settings that provide services for people who need a high level of care.

Will these settings continue to be available? Will day programs continue to be available for people with DD? Will self-determination continue to be optional, available to those who want to pursue this approach to providing services?

Penalties for opting out

There needs to be a fuller explanation of the services that will not be available to people who decide to opt out of the Dual Eligibles plan.

What are “enhanced dental and vision” services that will not be offered to people opting out? The ramifications of a decision to opt out needs to be fully understood by Medicaid and Medicare beneficiaries. Penalizing people who make that choice needs to be justified.

Physical Health Care

The ICOs will manage the provision of physical health needs of dual eligibles in the mental health system. The plan (page 17) says that ICOs may provide other physical health services at the option of the ICO, such as expanded dental services, vision services, and hearing aids, and are strongly encouraged to do so.

Does this mean that people with developmental disabilities will only receive these services depending on where they live and whether the ICO wants to offer these services rather than based on need?

Michigan's Plan for Dual Eligibles: Comments on PIHPs and State-wide Assessments

PIHPs (Pre-Paid Inpatient Health Plans) 
 
PIHPs distribute Medicaid funds to local Community Mental Health agencies in the state and provide other administrative services and management. [The Washtenaw Community Health Organization (WCHO), serves as the PIHP for a four-county area of southeastern Michigan while also serving as the Community Mental Health (CMH) agency for Washtenaw County.]

The state has decided to preserve the PIHP structure for the management and financing of local CMHs, but the number of PIHPs will be greatly reduced with each one serving a much larger geographic area than it does now. The plan does not give much detail about what the PIHPs will look like or how accessible they will be to the people they serve. The decision to preserve the PIHP structure does not assure that there won’t be major changes in how PIHPs operate.

Screening and State-wide Standardized Assessments

According to the plan, (page 2) “Upon enrollment, all beneficiaries will be initially screened to determine basic needs, followed by a more in-depth standardized assessment to determine the possible array of services. The need for specialty services through the separately contracted PIHPs will also be determined at this time…”

Does this mean that a person with a developmental disability could be assigned to an Integrated Care Organization (ICO) (this would likely be something like a Medicaid managed health plan) rather than a PIHP, even though PIHPs under current law are responsible for managing and financing mental health services to people with DD? If a person with DD chooses to be in an ICO, would they still have access to all the mental health services they need?

Also according to the plan, (page 14) once a person is determined to fall under the PIHP part of the system, the PIHP “will conduct a more extensive person-centered assessment” The core assessment instrument can trigger the use of multiple sub-sections that “span the full ranges of needs and, individually, allow for gathering in-depth information in specific areas…” Over time other subs-sections “…may be triggered, leading to identification and linkage to new services”.

Under this plan, the state will develop a standardized assessment instrument covering physical and mental health care for 200,000 people that will determine the needs of individuals and presumably the services they will be eligible for, before the individuals themselves, their families, and others who know them well, have had a chance to participate in the Person-Centered Planning process where these decisions should be made.

Why bother having a Person-Centered Plan if a state assessment has already made the determination of needs and the identification of services? 

 
Is there an “instrument” that currently exists that can identify all the medical and social supports for 200,000 people with needs as diverse as the population of people who are eligible for both Medicaid and Medicare? If not, how much will it cost to devise such an “instrument” with its expanding multiple subsections and linkages?

 
Rather than assisting a PCP team (that includes the individual being served) in determining needs and services, the standardized state-wide assessment proposed by this plan, appears to have reduced the PCP to a rubber-stamp of the state’s determination of needs and services.

Tuesday, February 28, 2012

Forums on Michigan plan for Dual Eligibles planned for March 2012

Statewide Forums on the  Michigan plan for people eligible for both Medicare and Medicaid (Dual Eligibles) are sponsored by the Michigan Association for Community Mental Health Boards (MACMHB). The MACMHB is the state trade organization for Community Mental Health Boards. The organization is hosting eight regional forums for review and discussion of the state’s proposed plan for persons with Medicaid and Medicare eligibility. 

Representatives from the state Behavioral Health and Developmental Disabilities Administration will participate to answer questions and provide clarification on the impact of the plan for persons with psychiatric illnesses, substance use disorders and developmental disabilities. 

The proposed plan will be announced on March 5th, 2012.

Forum times and locations:

Metro
March 26, 2012 ~ 10am - 12:00pm
San Marino Club, 1685 E. Big Beaver, Troy

March 26, 2012 ~ 2pm - 4pm
Great Grace Temple, 23500 7 Mile Rd, Detroit
 

Northern
March 13, 2012 ~ 2:30pm - 4:30pm
Munson Medical Center, 1105 6th Street, Traverse City

Central
March 19, 2012 ~ 2:00pm - 4:00pm 

Saginaw Valley State University, 7400 Bay Road, Kochville Township

Southeast
March 22, 2012 ~ 9:00am – 11:00am
CMH Authority of Clinton-Eaton-Ingham Counties, 812 E. Jolly Rd., Lansing

Western
March 22, 2012 ~ 6:30pm - 8:30pm
Hope Network Career & Education Center, 775 36th St., Wyoming

March 23, 2012 ~ 10:00am - 12:00pm
Ottawa County Complex, 1220 Fillmore St., West Olive

Upper Peninsula
March 23, 2012 ~ 9:00am - 11:00pm 

Marquette General Hospital, 580 W College Ave, Marquette

Wednesday, October 19, 2011

Michigan's Direct-care Workforce

Since 1997, my son Danny has lived in a licensed group home, where he is taken care of by a variety of caregivers. Because the residents at his group home have severe disabilities and high medical needs, the home is well-staffed. At times, however, the quality of care has suffered because of the inability of the provider managing the house to retain good workers. The job is difficult, demanding, requires a high degree of responsibility, and comes with obscenely low pay. I remember many years ago talking to a full-time house manager and discovering that her daughter qualified for food stamps. I naively thought it was not possible to work full-time and still not have enough money to feed your family.

I do not believe that money is the solution to every problem with providing care to vulnerable people. It is hard to put a price-tag on the qualities that make a person an ideal caregiver, starting with a good heart and a genuine desire to help people in need, but the importance of direct-care workers in the lives of people who depend on them cannot be overstated. The way direct-care workers are treated and compensated for their work is in many respects a reflection of how society values the people they care for. 

The Paraprofessional Health Institute or PHI is a national organization that works to improve the lives of direct-care workers who provide essential daily living services and supports to people with disabilities and chronic care needs, including people with developmental disabilities. PHI's fact sheet on Michigan's Direct-Care Workforce  demonstrates how far we have to go in valuing the work that direct-care workers do.

According to the fact sheet, Michigan's direct-care workforce, at 156,000 workers, is larger than any other occupational group. Paid caregiving is also among the five fastest-growing occupations in Michigan. Nevertheless, the median hourly wage for personal care aides and home health aides falls below 200% of the poverty level at $10.42/hour, compared to the median hourly wage for all occupations of $16.26/hour. Hourly wages for nursing aides are somewhat higher than for home health aides, but still substantially below the state's median hourly wage.

Over the last ten years, "real wages" for nursing aides, orderlies, and attendants increased by 3 %, but "real wages" for home health aides have stayed the same and wages for personal care aides have fallen. 32% of direct-care workers do not have health insurance compared to 13% of the general population. Part-time work is common.

Over half of personal care aides live in very low-income households as do 40% of nursing and home health aides. 41% rely on some form of public assistance such as food stamps, housing subsidies, or Medicaid.

According to PHI, "Michigan's booming demand for direct-care workers cannot be met without making these jobs more competitive so that they attract enough workers, especially at a time when the state has set goals to offer more long-term supports and services options to elders, their families, and persons living with disabilities." 

Here is a state-by-state look at the status of direct-care workers.