Abuse reports filed with the Pennsylvania Department of Health are so secretive local law enforcement often does not know when a crime has been committed against a nursing home resident.
State Rep. Mark Gillen wants that to change.
The Berks County Republican two weeks ago began circulating a memo of support for proposed legislation that would require more transparency when the Pennsylvania Departments of Health, Aging and Human Services investigate neglect of a care-dependent person.
Gillen said about eight House colleagues – Republicans and Democrats – have signed on to be cosponsors.
The proposed legislation, as yet not introduced, was a response to a Reading Eagle investigation in November that found of the more than 1,800 cases of substantiated nursing home abuse, only three were referred to the state attorney general’s office for prosecution from 2009 through 2015. The newspaper also found the reporting process lacks transparency and that agencies provide little follow-up to ensure compliance.
The proposed legislation – a companion to a separate bill already passed by the House that extends the state neglect law to include abuse – would require an annual report on trends and an investigation memorandum with public information for substantiated cases.
“We ought to be more transparent,” Gillen said. “We ought to be able to look at trends.”
Advocates for the elderly said the proposed legislation was much-needed and would go a long way toward making the now secret process more transparent.
“It’s so hard to find out what’s going on in a care setting, especially in nursing homes,” said Sam Brooks, an attorney with Community Legal Services in Philadelphia.
Brooks added: “Right now you just don’t get a good snapshot of what’s going on. This puts a little more sunshine on it.”
Diane Menio, executive director of the Center for Advocacy for the Rights and Interests of the Elderly, or CARIE, agreed.
But she also said – given only about a third of investigations are ever substantiated – aggregated numbers showing the type of complaint by facility, whether substantiated or not, could also identify trends.
“There’s still kind of a big black hole that we don’t know what’s happening,” Menio said. “People don’t complain very often in facilities. So, when you see complaints, it’s usually very serious.”
Aging and Health last year denied the newspaper’s Right-to-Know requests for this information.
In defending the denial, Susan Williamson, director the health department’s Division of Nursing Care Facilities, said that if the information were released, “facilities would stop filing the reports.”
The Eagle provided a copy of the proposed legislation to Aging, Health, Human Services and the Berks County Area Agency on Aging, seeking comment. Only Ed Michalik, executive director of the Berks County Area Agency on Aging, responded.
Michalik said he supports greater transparency but worries the proposed legislation could create more work for an office already overwhelmed with paperwork.
Eric Kiehl, spokesman for the Pennsylvania Health Care Association, declined to say if it would support legislation that makes public information about substantiated investigations.
Contact Nicole C. Brambila: 610-371-5044 or nbrambila@readingeagle.com.
