Advocare

Fall 2007

A Publication of the West Virginia Advocates, Inc.

WVA Investigates Lack of Food for Clients in Intensive Support Setting

WVA was contacted by a community direct care staff with a confidential complaint on behalf of clients due to his fear of retaliation by the employer. The report alleged that three men, with developmental disabilities, were without adequate food in their home, and two of the men were at high risk because they had Diabetes. Staff were reportedly buying food with their own money and taking it to the men. The reporter indicated that the agency's supervisor had been notified, but the situation had not been corrected. The three men were living in an Intensive Support Setting (ISS) providing 24 hour supports and services through the WV's Medicaid Title 19 MR/DD Home and Community Based Waiver Program.

WVA immediately investigated the complaint, and substantiated that the food supply was inadequate. The service provider, upon learning that WVA was investigating, immediately secured resources for additional food. However, WVA then learned that the food could not be purchased until the next day. The residents were unsure whether there was enough food for the evening meal.

WVA contacted the service provider who provided assurance that the situation was to be corrected immediately, and would not happen again. The provider also claimed the rent for the residence was too high, causing shortage in available money for food. The provider proposed a plan to correct the situation that included moving the men to a home with more reasonable rent within a couple of weeks.

WVA monitored the situation and visited the residence two weeks later. WVA again found a shortage of food. WVA determined that the Provider was also the Representative Payee, and that the person responsible for writing the checks had been out of the office for two days. The provider brought additional food into the home only upon the insistence of WVA staff.

A few days later, the three men moved to a new residence. Again, WVA visited the home to monitor, inspect the conditions and the availability of food. The Advocate found the men living in a home that appeared to be both unsafe and uninhabitable. Once again the home did not have an adequate supply of food. Due to the condition of the residence and the absence of food, WVA immediately called Adult Protective Services (APS), notified the Department of Health and Human Resources (DHHR) Ombudsman, the DHHR Developmental Disability Division, and the Office of Health Facility Licensure and Certification (OHFLAC). WVA and APS contacted the Provider and insisted that the men be moved to a temporary safe location until an appropriate home was secured and sufficient foo could be provided.

The APS investigation substantiated abuse/neglect, and OHFLAC cited deficiencies in the home that required repair before anyone moved back in. The local building inspector refused to approve the home for residential living until repairs were made. The three men to a local hotel at the provider's expense. Nine days later, the men returned to the home. WVA also returned to the home, this time with APS. Once again, the home was declared unsafe and deemed uninhabitable. The repairs made were not acceptable. The provider agreed with the men's IDT's to locate an alternative residence, and the men returned to a hotel.

An appropriate residence was finally located and an adequate food supply is now available. After many months of setbacks, the men have finally settled in and like their new home. While there wereconcerns that the location of their new home included three other surrounding residences operated by the provider, the men have learned to advocate for themselves and WVA continues to monitor the situation.

Linda Leasure, Advocate