The problems make VDH “unable” to investigate or inspect care homes

RICHMOND, VA. A report released Thursday by the Virginia Legislature’s investigative body, described by lawmakers as “sobering” and “alarming,” offers some answers about why the state’s health agency failed to complete timely inspections of nursing homes and investigate complaints. .

Over the past few months, CBS 6 has been investigating delays in nursing home inspections after some Virginians expressed frustration with what they felt was the state’s lack of urgency and ability to address their complaints.

For example, Steve Lambert filed a complaint to the Virginia Department of Health (VDH) in December 2023 regarding the Westport Nursing and Rehabilitation Center in Henrico County, where his brother Winfred Lambert lived.

Lambert claimed the “appalling” conditions at the facility after finding his brother naked, half-clothed and face down in his bed. He said Winfred was unable to move on his own due to muscle loss or speak for himself due to mental retardation. Lambert said he also found what he believed to be large pieces of someone else’s dead skin covering Winfred’s bed.

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After CBS 6 asked VDH about the status of Lambert’s complaint, the agency finally opened an investigation eight months later in August 2024, seemingly outside the time parameters set by the federal government to investigate complaints.

By the time the VDH opened the case, Lambert’s brother had died.

“They need a system to provide timely and appropriate oversight so that vulnerable people are not harmed,” Lambert said.

Then there was Heather Tyler, whose husband Earl lived in the same facility. She filed a complaint with the VDH in January 2024, also alleging poor conditions and that Earl was left to sit in his own urine for hours, and was found with what he described as marks on his body.

The day after CBS 6 aired Tyler’s story in September 2024, she said she received a call from a VDH inspector who said the agency had opened an investigation into her complaint eight months later.

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“Take the back off and do something with it. something Make people accountable. Make them accountable, Tyler said. “We are failing miserably.”

Data from the Centers for Medicare and Medicaid Services (CMS), which sets state nursing home oversight requirements, showed that as of November 2024, 68 percent of nursing homes in Virginia were delinquent in their inspections.

It has one of the worst performance rates in the nation, trailing nearly every other state.

Thursday report from the Joint Legislative Review Commission (JLARC) on VDH painted an overall picture of an agency with significant inefficiencies, financial abuses and poor hiring practices. While these findings were applicable to the agency as a whole, the issues affected certain areas more than others, including VDH’s regulatory obligations.

At the VDH office, which handles inspections, 71% of employees reported that they did not have enough manpower to handle the workload.

According to data provided by the VDH in August, the office vacancy rate is 23% and the vacancy rate for long-term care inspectors was around 40%.

The JLARC report concluded that staffing limitations made it “impossible for VDH to investigate complaints and complete required federal inspections of nursing homes.”

In addition to nursing home surveillance activities, JLARC also found:

• 99% of inpatient hospitals were not inspected in the last two years
• 91% of outpatient surgical hospitals were not inspected in the last two years
• 97% of home care organizations have not been audited in the last two years

CBS 6 reached out to VDH Commissioner Dr. Karen Shelton after Thursday’s presentation.
“Can you comment on VDH’s failure to complete the inspection of nursing homes?” reporter Tyler Lane asked.

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“We have a statement ready, which we will send to everyone. “Thank you,” Shelton replied.

While Shelter declined to answer questions from reporters, it said in a statement that it is committed to transparency and accountability.

“The problems identified in this report have been present for many years and will take several years to fully resolve. While my leadership team and I did not create these challenges, we are fully committed to addressing them by implementing appropriate financial and operational controls and hiring the right leaders to drive change at the agency,” Shelton said in a written statement.

Delegate Mark Sickles (D-Fairfax) chairs the panel. After receiving the JLARC report, he told CBS 6 he was “very concerned” when asked if the lack of oversight at the nursing home could lead to deteriorating conditions for residents.

Sickles said the state needs to take a balanced approach to addressing the issues, which he believes should include looking at a direct day care standard and raising health care workers’ pay.

“Everybody has a little bit of guilt for things that aren’t up to standard, but for our seniors, we have to make sure we up our game, and Virginia is the best place to be if you have to be in a nursing home,” Sickles said .

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The state’s health department previously pointed to stagnant funding from Congress over the past decade. Federal lawmakers have not increased funding for CMS inspection efforts in a decade, despite growing complaints about nursing homes across the country and despite requests for more money during the administrations of President Trump and President Biden.

While federal leaders believe funding can play a role, they don’t believe money is the only problem.

“Why is Virginia so far from other states?” – said US Senator Tim Kaine (D-VA). “If it was just a federal funding issue, yes, you would see Virginia with a bad reputation, but it would match the reputation of other states, and I think that’s an important issue for the state as well.”

“I think it’s disconcerting that Virginia is so far behind other states in doing these inspections,” said U.S. Sen. Mark Warner (D-VA). “I think the state needs to step up its game.”

Still, both senators pledged to advocate for increased funding in the Appropriations Committee and to address workforce issues.

“As much as we need to fund inspectors, we also need to fund more people in that workforce, and part of that means higher wages,” Warner said.

CBS 6 is eager to share the community’s thoughts on this important topic. Email your thoughts to the CBS 6 Newsroom.

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