Advocare

Fall 2007

A Publication of the West Virginia Advocates, Inc.

WVA Completes Death Investigation of 22 Year Old Man with Developmental Disabilities

West Virginia Advocates (WVA) completed an investigation into the death of Craig Allen Payne, a 22 year old man receiving Service Coordination from Braley and Thompson, Inc. and Day Habilitation services from Deaf Education and Advocacy Focus (DEAF), both licensed providers funded by the West Virginia Medicaid Title 19 MR/DD Home and Community Based Waiver Program. A public report was distributed by WVA May 3, 2007, followed by the publication of a second report August 14, 2007.

On February 12, 2007, Mr. Payne choked to death while eating a hotdog at a Day Habilitation Program (West-Sattes) operated by DEAF in Nitro, WV. Mr. Payne, an individual with developmental disabilities, was diagnosed with swallowing difficulties and required a special diet and eating protocol.

WVA substantiated neglect on the part of Braley and Thompson, Deaf Education and Advocacy Focus (DEAF) as well as individuals employed by these WV licensed service providers in the death of Mr. Payne. The report states inadequate staffing, poor training of staff, inappropriate training of employees provided by CPR/First Aid instructors; lack of medical care, nursing assessments; failure to implement Individual Program Plans, failure to assess medical needs, failure of Service Coordination to address medical concerns with the Interdisciplinary Team and inadequate supervision of Service Coordination lead to Mr. Payne's death.

The Public Reports issued by WVA on May 3, 2007 and August 14, 2007, provided several recommendations to the West Virginia Department of Health and Human Resources on how to improve community based services for individuals with disabilities and better ensure their safety. These recommendations included increased monitoring and oversight of providers of the MR/DD Waiver Program to ensure compliance with state and federal/law regulations, a training certification program for direct care staff as well as Service Coordinators and that the Medicaid Fraud Control Unit determine if fraudulent activities occurred while providing services to Mr. Payne.

West Virginia Advocates, Inc., (WVA) is the federally mandated protection and advocacy agency for individuals with disabilities in West Virginia. The mandate provides WVA with the authority to conduct abuse and neglect investigations in settings that serve people with disabilities. For a complete copy of the report, visit: www.wvadvocates.org