Pa. officials call for state, federal reviews following PennLive nursing home probe

Aug. 23--Pennsylvania officials say they are concerned by the findings of a six-month PennLive investigation that found dozens of Pennsylvanians have died in nursing homes due to errors or negligence, that the state didn't penalize homes in the majority of cases, and that state inspectors may be failing to properly investigate serious allegations of negligence.

In a statement, Sen. Bob Casey, a Democrat and a former state auditor, called for the Pennsylvania Department of Health to conduct an internal investigation of its handling of the deadly incidents identified in PennLive's Failing the Frail series.

Casey also called for the federal Centers for Medicare and Medicaid Services, which partners with the department to oversee Pennsylvania nursing homes, to conduct its own investigation.

"When our state's seniors and families make the decision to enter a nursing home, they are placing a life in those homes administrators' hands," he said. "If even one life is lost due to the negligence of these facilities, we need to step back, ask why and see what changes are needed."

U.S. Rep Matt Cartwright, D-17th district, who serves on the House committee on oversight and government reform, said he was also alarmed by PennLive's findings.

"In my district we have a large senior population, many of whom are nursing home residents," he said in a statement. "We have a shared responsibility to ensure the security of our seniors. No senior should have to worry about his or her safety."

Cartwright said he would be contacting the Centers for Medicare and Medicaid Services.

"And I will be pursuing all appropriate avenues to ensure that these incidents are thoroughly addressed and investigated," he said.

U.S. Rep Lou Barletta, R-11th district, said in a statement that no Pennsylvania resident should have to worry about negligence or maltreatment.

"The operation and monitoring of nursing home facilities is primarily a state issue, so the thrust of any thorough audit should begin there," Barletta said. "To the extent that there is oversight provided by the executive branch's Department of Health and Human Services, there ought to also be a full examination of the vigilance they are required to maintain."

The publication of PennLive's series, incidentally, followed closely on the heels of the release of a year-long state audit in July into how the Department of Health has been regulating nursing homes.

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That audit found multiple issues with the department's regulation of the industry, including that it appeared to be failing to ensure that nursing homes met minimum staffing requirements, that it banned anonymous complaints for three years in violation of federal regulations, and that state inspectors were failing to document certain information.

But PennLive's investigation found problems beyond those identified in the audit. In particular, it found the department appeared to be systematically understating the severity of cases where residents died from errors or negligence, that it rarely chose to punish homes for those incidents, and that it may be failing to properly investigate serious cases of potential negligence.

In an interview, state auditor Eugene DePasquale said that PennLive's findings were concerning and that his office would explore those issues in his second term if he's re-elected this year.

"It will give us additional areas to examine the next time we audit the Department of Health," DePasquale said.

On Aug. 16, the Centers for Medicare and Medicaid Services said it was reviewing how the state Department of Health had handled the deadly incidents identified by PennLive.

PennLive first approached the agency with its findings in July.

"We are reviewing the cases, and are working with the state to ensure shared understanding of our policies and guidance, and will issue clarifications, if we believe it necessary," said Lorraine Ryan, a spokeswoman for the agency's Philadelphia office.

Asked how many cases had been reviewed and how many clarifications issued so far, Ryan declined to comment further.

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