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Welfare head pleaded guilty to federal charges one year ago. What’s happened since?

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Welfare head pleaded guilty to federal charges one year ago. What’s happened since?

One year ago today, a former Mississippi agency director stood before a state and federal judge and admitted to steering federal welfare funds to enrich the sons of a wealthy retired WWE wrestler.

The crimes represent just a sliver of a larger scandal inside a welfare agency that, under the direction of former Gov. Phil Bryant, systematically prioritized federal grant spending on pet projects over people.

“This is often what happens when you have a political party, whether it’s Republican or Democrat, so dominating a state that they think they’re invincible, that they can do anything,” said Doug Jones, a former U.S. senator and U.S. attorney for the Northern District of Alabama.

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Auditors accused John Davis, the now 55-year-old disgraced career government bureaucrat, of creating a culture of fear and secrecy at his agency between 2016 and 2019, frittering away at least $77 million in funds that were supposed to assist the state’s poorest residents.

But zooming out, records and text messages obtained by Mississippi Today show that Davis took his direction from the governor who appointed him. While the scandal took place, Bryant often met with Davis about the administration of the federally funded welfare grant and liked what the director was doing. Having agreed to cooperate with prosecutors, Davis is now a key witness in the case.

When the State Auditor’s Office and the Hinds County District Attorney first announced the arrests of Davis and five others in early 2020, they promised to work with their federal partners to fully investigate and pursue every person responsible for what they called the largest public embezzlement case in state history.

Since then, Mississippi Today has surfaced text messages showing that Bryant planned on entering into business with the Florida-based pharmaceutical company at the center of the initial indictments. The texts show that former NFL quarterback Brett Favre briefed Bryant about the funds that welfare channeled into the drug startup, Prevacus, and sought the then-governor’s help securing more for a new volleyball stadium at University of Southern Mississippi.

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Six people ensnared in the case, including Favre, have alleged Bryant approved or even directed some of the spending decisions in question — allegations Bryant has denied.

“We’re still looking through records and text messages as we continue to move up,” Hinds County District Attorney Jody Owens told reporters after Davis’ plea hearing on Sept. 22, 2022, months after Mississippi Today exposed texts between Bryant and the welfare director. “We also continue to work with the federal authorities in Washington and in Mississippi. John Davis is critical because the ladder continues to move up.”

No one in any position above Davis has been charged. Since the 2020 state arrests, federal authorities have charged just two additional people, bringing the total number of state or federal criminal defendants to eight. Bryant and Favre are not facing criminal charges.

Bryant’s attorney Billy Quin said in a statement to Mississippi Today on Thursday that Bryant has not been interviewed by investigators on the case.

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READ MORE: Allegations against former Gov. Phil Bryant from Brett Favre, Nancy New, Paul Lacoste, Austin Smith, Teddy DiBiase and Christi Webb

The seven who have pleaded guilty to crimes within the welfare scandal remain free under cooperation agreements with prosecutors. The government has suspended sentencing until it decides it no longer needs the defendants’ cooperation for potential cases against others. Federal authorities have been silent about the progress of their investigation or who else they may be looking at charging. 

“It’s not unusual for their sentencing to be postponed until the full extent of their cooperation is known, and that could be trial testimony,” said Jones, who has followed developments in the welfare case from his neighboring state. “So this could be a ways to go before we see anybody being sentenced.”

The September 2022 federal bill of information against Davis — a charging document to which he pleaded guilty after waiving a formal indictment — represented the first criminal charges the federal government filed within the welfare case, more than two years after the state arrests. Charges against Davis mostly deal with welfare money he pushed to professional wrestling brothers Brett and Ted “Teddy” DiBiase Jr.

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Federal prosecutors struck plea deals with nonprofit founder Nancy New and her son Zach New months earlier in April of 2022, but those charges related to public education funds that the News fraudulently obtained for their private schools.

In March of this year, the U.S. Attorney’s Office secured guilty pleas from Brett DiBiase, who went to a luxury rehab facility on the welfare program’s dime, and Christi Webb, director of another nonprofit that contracted with the state. It also indicted Teddy DiBiase, who pleaded not guilty, in April. It has not publicly filed new charges since then.

The U.S. Attorney’s Office in the Southern District of Mississippi, which has been handling the case, has not had a permanent U.S. Attorney at its helm since early 2021 and has been waiting more than a year for the U.S. Senate to confirm President Joe Biden’s nomination Todd Gee. On Wednesday, Sen. J.D. Vance of Ohio again single-handedly blocked the Senate’s confirmations of all U.S. Department of Justice appointments, including Gee, because of the current criminal cases they are bringing against former President Donald Trump.

Separate from the criminal cases, 20 people, including Favre, are facing state civil charges. That lawsuit attempts to recoup $77 million from people or entities it says are liable for the misspending, which mostly occurred through two nonprofits running a program called Families First for Mississippi. The U.S. Department of Health and Human Services, the federal agency that administers the welfare grant, or Temporary Assistance for Needy Families, has said that it will require the state to return any misspent funds out of its own budget, but it has been waiting to see what happens with ongoing criminal and civil proceedings before taking action.

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U.S. Congressman Bennie Thompson, a Democrat from Mississippi, said he has asked the federal agency for its assessment of the state of Mississippi’s fitness to manage these funds in the future, but he has not received a response.

“The fact that public funds were directed (away) from the original intent … is egregious, especially when the money is intended for vulnerable families to try to prepare them for a better life, and that money just does not get to them,” Thompson said.

Several people or entities named in the civil suit have pushed back on the prevailing public narrative that they callously looted money from the poor.

The DiBiase family, for example, says they were carrying out the mission of the agency when Davis hired them to conduct multi-million-dollar motivational courses or preach the gospel to low-income teens. Paul Lacoste, a fitness trainer whose company received a $1.3 million contract through Families First, says he met about his program with Davis, Bryant, and officials from the federal office, who all supported the concept of offering exercise classes as part of the welfare agency’s approach to strengthening Mississippi families. Lobaki, a software company that received $795,000 through Families First to conduct a virtual reality academy, says the vocational it was contracted to perform fits the welfare program’s purpose of “ending the dependence of needy parents on government .”

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“It was the government that chose to this program this way. And it was not a secret,” Teddy DiBiase Jr.’s criminal defense attorney, Scott Gilbert, told Mississippi Today earlier this year. “… So what this boils down to is do people feel like this was an appropriate use of TANF money or other money to carry out the function of government? That’s a fair question, and that’s a question that reasonable people absolutely can disagree about. But it’s not a crime.”

Ultimately, the federal government has given state politicians broad leeway to spend federal TANF dollars based on their philosophy about poverty and what constitutes helping people, including the boot-straps approach of intentionally withholding government assistance. Gov. Bryant, who oversaw the welfare department and set its agenda during the time the scandal occurred, preferred the “Families First” programming of parenting and fatherhood classes, bullying prevention, abstinence education and anti-obesity initiatives. But Bryant never asked the agency for outcomes to show what those programs accomplished or how they prevented or moved families out of poverty.

“You would think the state is the safeguard for handling funds like this, but when you have people who are the custodian of these funds at the state level who have unclean missions in life, then you have what you have,” Thompson said.

Over time, the purchases attached to those nebulous services morphed into things like a 15-acre horse ranch for former USM running back Marcus Dupree, the construction of a volleyball stadium, lobbying expenses, sports camps for young athletes and star-studded high school rallies. At the same time, from 2016 to 2020, the state cut the number of families receiving monthly assistance in half, from nearly 6,000 to 2,600, with virtually no concern from state leadership.

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“There is a culture. Whether or not legally it rises to federal cases, and goes that high up, from a criminal standpoint, it may or may not. But it certainly is morally corrupt what they did and people ought to pay a political price for it,” Jones said.

From 2020 to 2022, under Gov. Tate Reeves, the caseload of families dropped another 1,000 while the state has left over $100 million in welfare funds unspent. Current agency director Bob Anderson told lawmakers last year that the state was still not tracking the outcomes for families receiving services through TANF subgrantees.

The criminal investigation may have halted the actual fraud, but so far it has made little difference to the very poor families seeking help through the program, or to Mississippians looking for answers about how things went so wrong.

When Hinds County Circuit Court Judge Adrienne Wooten asked Davis at his plea hearing last year why he would break the law to enrich Brett DiBiase, all he could muster was, “Very, very bad judgment,” followed by a long pause and then, “I shouldn’t have done it.”

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Davis’ state guilty plea to 18 counts of fraud or conspiracy came with a prison sentence of 32 years — a fact prominently in news headlines — but that’s nowhere near the time he’ll actually serve. In the generous joint plea agreement between federal and state prosecutors and Davis, the looming federal sentence of no more than 15 years in federal prison on two counts supersedes the state sentence.

The deal all but ensures he’ll never face a criminal trial or see the inside of one Mississippi’s notoriously harsh state prisons. The other defendants received similar deals. Wooten seemed to leave the courtroom unsatisfied.

“Even with the questions that have been asked,” she said by the end of the hearing, “this court is still not understanding what actually took place and more importantly, what would’ve caused you to perform these particular acts.”

As the historic case enters its fourth year, the same could be said for the public.

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June 21, 2019

Investigation begins

Mississippi State Auditor’s Office begins investigation into fraud at the Mississippi Department of Human Services

February 4, 2020

Grand jury indicts six people

Hinds County grand jury indicts six people — former MDHS Director John Davis, nonprofit founder Nancy New and her son Zach New, former professional wrestler Brett DiBiase, nonprofit accountant Anne McGrew and former MDHS procurement officer Gregory “Latimer” Smith.

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February 5, 2020

The case goes public

Agents from the auditor’s office arrest six people, making the case public. The charges alleges they stole a total of $4 million from the welfare department, $2 million of which went to a pharmaceutical company called Prevacus. The venture involved both former Gov. Phil Bryant and former NFL quarterback Brett Favre, Mississippi Today uncovered shortly after the arrests

February 6, 2020

State Auditor and the FBI

State Auditor Shad White says he turned over all investigative materials to the FBI, but then-U.S. Attorney Mike Hurst says state authorities did not reach out to his office about the investigation and that he learned about the indictment from reports

May 4, 2020

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Annual audit released

The auditor releases an annual audit questioning $94 million in federal grant fund purchases, including $1.1 million New’s nonprofit paid directly to Favre

June 22, 2020

First known court action

Agents from the Money Laundering and Asset Recovery Section of the U.S. Department of Justice in Washington filed a complaint for civil forfeiture to seize the Madison home of former professional wrestler Ted “Teddy” DiBiase. This is the DOJ’s first known court action in the welfare case

December 17, 2020

Brett DiBiase faces state charges

Brett DiBiase pleads guilty to state charges

March 16, 2021

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Nancy and Zach New indicted

A federal grand jury indicts Nancy and Zach New on separate charges that their private schools, called New Summit, defrauded the Mississippi Department of Education out of $2 million, later increased to $4 million

October 1, 2021

Forensic audit released

MDHS releases its forensic audit confirming much of the suspected welfare misspending

October 11, 2021

McGrew pleads guilty

Anne McGrew pleads guilty to state charges

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April 4, 2022

“The Backchannel” is published

Mississippi Today begins publishing its investigative series, “The Backchannel,” which, for the first time, reveals text messages between Bryant and Favre showing that the athlete offered stock in Prevacus to the governor in exchange for his help growing the company; that Favre told Bryant when Prevacus started receiving funds from the welfare operators; and that Bryant agreed to accept a company package after leaving office, right before the initial arrests in early 2020

April 20, 2022

The News face federal charges

Nancy and Zach New plead guilty to federal charges related to their private school scheme

April 22, 2022

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The News face state charges

Nancy and Zach New plead guilty to state charges related to the welfare scandal. Zach New’s charges include funneling welfare money to the University of Southern Mississippi Athletic Foundation to build a volleyball stadium

May 9, 2022

MDHS files civil lawsuit

MDHS files a civil lawsuit against 35 people or companies, including Favre, to recoup $24 million in misspent welfare funds. On the direction of Gov. Tate Reeves’ office, the suit does not target the volleyball stadium or University of Southern Mississippi Athletic Foundation

July 22, 2022

Brad Pigott fired

Reeves’s office and MDHS fire Brad Pigott, the lawyer it hired to craft the civil suit, about a week after Pigott subpoenaed University of Southern Mississippi Athletic Foundation for its communication with former Gov. Bryant, among others

September 22, 2022

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John Davis pleads guilty

John Davis pleads guilty to state and federal charges

October 3, 2022

Latimer Smith avoids prosecution

Latimer Smith receives pre-trial diversion, allowing him to avoid prosecution

December 5, 2022

MDHS amends charges

MDHS amends charges in the civil lawsuit, adding the USM volleyball stadium scheme and nine new people or companies, bringing the total attempted recovery to $77 million and number of defendants to 44

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March 2, 2023

Brett DiBiase faces federal charges

Brett DiBiase pleads guilty to federal charges

March 16, 2023

Christi Webb faces federal charges

Christi Webb pleads guilty to federal charges, the first criminal charges she’s

April 20, 2023

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Ted “Teddy” DiBiase Jr. pleads not guilty

Ted “Teddy” DiBiase Jr. pleads not guilty to federal charges, the first criminal charges he’s faced

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

On this day in 1958

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mississippitoday.org – Jerry Mitchell – 2024-09-20 07:00:00

On this day in 1958

Sept. 20, 1958

Dr. Emil Naclerio, a member of the surgical team that operated on Martin Luther King Jr., at his bedside in Harlem Hospital. AP File Credit: Front page of the New York , Sept. 21, 1958.

Martin Luther King Jr. was stabbed in New York

King was signing his first book, his account of the Montgomery Bus Boycott, “Stride Toward ,” when a well-dressed woman shouted, “Is this Martin Luther King?” King, then 29, answered, “Yes, it is.” 

The woman, Izola Curry, who was later diagnosed as suffering from schizophrenia, walked up and stabbed him with a 7-inch knife. Patrolman Al kept a bystander from removing the blade, which might have killed him. 

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“X-rays revealed that the tip of the blade was on the edge of my aorta, the main artery,” King later recalled. “Once that’s punctured, you’ve drowned in your own blood.” Surgeons operating on the leader said, “Had Dr. King sneezed or coughed, the weapon would have penetrated the aorta.… He was just a sneeze away from death.” 

King was to the Harlem Hospital, where one surgeon arrived in a tuxedo because he had been summoned from a wedding. During the four-hour surgery, King had two ribs and part of his breast plate removed. He was quick to forgive his would-be assassin, who was the Black daughter of sharecroppers. 

“A climate of hatred and bitterness so permeates of our nation that inevitably deeds of extreme violence must erupt,” he told reporters. “The experience of these last few days has deepened my faith in the relevance of the spirit of nonviolence, if necessary social change is peacefully to take place.” 

In his last sermon before his assassination, King recalled a letter he received then from a ninth-grade student, who happened to be white: “I read that if you had sneezed, you would have died. And I’m simply writing you to say that I’m so happy that you didn’t sneeze.” 

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The crowd stood and applauded. “I want to say tonight that I, too, am happy that I didn’t sneeze,” King continued. “Because if I had sneezed, I wouldn’t have been around here in 1960, when all over the South started sitting in at lunch counters. … If I had sneezed, I wouldn’t have been down in Selma, Alabama, to see the great movement there. If I had sneezed, I wouldn’t have been in Memphis to see a community rally around those brothers and sisters who are suffering. I’m so happy that I didn’t sneeze.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Justice Department launches probe into Rankin County’s policing practices

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mississippitoday.org – Jerry Mitchell, Brian Howey and Nate Rosenfield – 2024-09-19 17:09:00

The Justice Department announced Thursday that it had expanded its investigation into the Rankin County Sheriff’s Department where a self-described “Goon Squad” of deputies has been accused of torturing people for nearly two decades.

Investigators will seek to determine if the suburban Mississippi sheriff’s department engaged in a pattern of unconstitutional policing through widespread violence, illegal searches and arrests or other discriminatory practices.

“Since the Goon Squad’s sickening acts came to light, we have received reports of other instances where Rankin deputies overused Tasers, entered homes unlawfully, bandied about shocking racial slurs, and deployed dangerous, cruel tactics to assault people in their custody,” Kristen Clark, the assistant for civil rights at the Justice Department, said during a press conference.

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Rankin County came to national attention last year after deputies, some from the Goon Squad, tortured two Black in their home and shot one of them, nearly killing him. Six officers pleaded guilty and were sentenced to federal prison in March.

An investigation by The New York Times and Mississippi Today later revealed that nearly two dozen experienced similar brutality over two decades when Rankin deputies burst into their homes looking for illegal .

During the press conference Thursday, Todd Gee, the U.S. attorney for the Southern District of Mississippi, noted that journalists “have compiled harrowing” details of torture and abuse of Rankin County citizens.

He also recalled hearing first-hand accounts of alleged abuse from “men and women, old and young alike,” during community meetings in Rankin County.

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“If the Justice Department determines this is a pattern or practice, we will seek remedies,” Gee said.

In a statement on Facebook, the sheriff’s office wrote that it would “fully cooperate with all aspects of this investigation, while also welcoming DOJ’s input into our updated policies and practices.”

Rankin County Sheriff Bailey has sought to distance himself from the brutality of his deputies, saying he was never aware of any of these acts.

But some of the deputies who pleaded guilty said during their sentencing hearings that they were rewarded for their use of violence or that they modeled their behavior on those who supervised them.

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In some cases, residents who accused deputies of violence filed lawsuits or said they lodged complaints with the department. 

The Times and Mississippi identified 20 deputies who were present at one or more of the incidents. They included several high-ranking : an undersheriff, detectives and a deputy who became a local chief.

The investigation marks the 12th pattern or practice investigation into enforcement misconduct by the current administration. Justice Department officials said previous investigations in other cities were followed by a reduction in use of force by the local officers.

The lawyer for Parker and Jenkins, Trent Walker of , Miss., said his clients are “exceedingly happy” about the investigation into the Rankin County Sheriff’s Department and hope the department is held to account “for its long and storied history of brutality, discriminatory policy and excessive force.”

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

‘They try to keep people quiet’: An epidemic of antipsychotic drugs in nursing homes

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mississippitoday.org – Sophia Paffenroth – 2024-09-19 13:00:00

Mississippi consistently ranks in the top five in the nation for its rates of antipsychotic drugging in nursing homes, data from the federal government shows. 

More than one in five nursing home residents in the United States is given powerful and mind-altering antipsychotic . That’s more than 10 times the rate of the general population – despite the fact that the conditions antipsychotics treat do not become more common with age. 

In Mississippi, that goes up to one in four residents. 

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“The national average tells us that there are still a large number of older residents who are inappropriately being prescribed antipsychotics,” explained Dr. Michael Wasserman, a geriatrician and former CEO of the largest nursing home chain in California. 

“The Mississippi numbers can not rationally be explained,” continued Wasserman, who has served on several panels for the federal government and was a delegate in the 2005 White House Conference on Aging. “They are egregious.”

The state long-term care ombudsman, Lisa Smith, declined to comment for this story.

Hank Rainer, who has worked in the nursing home industry in Mississippi as a licensed certified social worker for 40 years, said the problem is two-fold: Nursing homes not being equipped to care for large populations of mentally ill adults, as well as misdiagnosing behavioral symptoms of dementia as psychosis. 

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Both result in drugging the problem away with medications like antipsychotics, he said. 

Antipsychotics are a special class of psychotropics designed to treat psychoses accompanied by hallucinations and paranoia, such as schizophrenia. They have also been found to be helpful in treating certain symptoms of Tourette syndrome and Huntington’s disease, two neurological diseases. All of these conditions are predominantly diagnosed in early adulthood.

The drugs come with a “black box warning,” the highest safety-related warning the Food and Drug Administration doles out, that cautions against using them in individuals with dementia. The risks of using them in patients with Alzheimer’s and other forms of dementia include death.

Yet more than a decade after a federal initiative to curb antipsychotic drugging in nursing homes began, 94% of nursing homes in Mississippi – the state with the highest rate of deaths from Alzheimer’s disease – had antipsychotic drug rates in the double digits.

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Long-term care advocates and industry experts have long said that the exponentially higher number of nursing home residents on these drugs – 21% in the country and 26% in the state – is indicative of a deeper and darker problem: the substandard way America cares for its elders. 

“If the nursing homes don’t have enough staff, they try to keep people quiet, so they give them sedatives or antipsychotics,” said gerontologist and nursing home expert Charlene Harrington. 

And the problem, she emphasized, isn’t going away. 

“Over the last 20 years we’ve had more and more corporations involved and bigger and bigger chains, and 70% are for-profit, and they’re really not in it to provide ,” Harrington said. “… It’s a way to make money. And that’s been allowed because the state doesn’t have the money to set up their own facilities.”

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‘It’s just not right to give someone a drug they don’t need’

On a late Thursday morning in August, Ritchie Anne Keller, director of nursing at Vicksburg Convalescent Center, pointed out a resident falling asleep on one of the couches on the second floor of the nursing home.

The resident, who nurses said was previously lively and would comment on the color of Keller’s scrubs every day, had just gotten back from another clinical inpatient setting where she was put on a slew of new drugs – including antipsychotics. 

One or more of them may be working, Keller explained, but the nursing staff would need to eliminate the drugs and then reintroduce them, if needed, to find the path of least medication. 

“How do you know which ones are helping her,” Keller asked, “when you got 10 of them?”

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The home, which boasts the second-lowest rate of antipsychotic drug use in the state, is led by two women who have worked there for decades.

Keller has been at the nursing home since 1994 and entered her current position in 2004. Vicksburg Convalescent’s administrator, Amy Brown, has been at the home for over 20 years. 

Ritchie Anne Keller, director of nursing at Vicksburg Convalescent Home, center, talks with Twyla Gibson, left, and Amanda Wright at the facility in Vicksburg, Miss., on Wednesday, Aug. 7, 2024. Credit: Eric Shelton/Mississippi Today

Low turnover and high staffing levels are two of the main reasons the home has been able to keep such a low rate of antipsychotic drug use, according to Keller. These two measures allow staff to be rigorous about meeting individual needs and addressing behavioral issues through non-medicated intervention when possible, she explained.

Keller said she often sees the effects of unnecessary drugging, and it happens because facilities don’t take the time to get to the root cause of a behavior. 

“We see (residents) go to the hospital, they may be combative because they have a UTI or something, and (the hospital staff) automatically put them on antipsychotics,” she said.

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Urinary tract infections in older adults can cause delirium and exacerbate dementia.

It’s important to note, said Wasserman, that Vicksburg and other Mississippi nursing homes with the lowest rates are not at zero. Medicine is always a judgment call, he argued, which is why incentivizing nursing homes to bring their rates down to 0% or even 2% could be harmful. 

Schizophrenia is the only mental illness CMS will not penalize nursing home facilities for treating with antipsychotics in its quality care ratings. However, there are other FDA-approved uses, like bipolar disorder. 

“As a physician, a geriatrician, I have to use my clinical judgment on what I think is going to help a patient,” Wasserman said. “And sometimes, that clinical judgment might actually have me using an antipsychotic in the case of someone who doesn’t have a traditional, FDA-approved diagnosis.”

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In order to allow doctors the to prescribe these drugs to individuals for whom they can drastically improve quality of life, Wasserman says the percentage of residents on antipsychotics can have some flexibility, but averages should stay in the single digits. 

When 20 to 30% of nursing home residents are on these drugs, that means a large portion of residents are on them unnecessarily, putting them at risk of deadly side effects, Wasserman explained. 

“But also, it’s just not right to give someone a drug they don’t need,” he said.

Experts have long said that staffing is one of the strongest predictors in quality of care – including freedom from unnecessary medication which makes a recent federal action requiring a minimum staffing level for nursing homes a big deal. 

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The Biden administration finalized the first-ever national minimum staffing rule for nursing homes in April. The requirements will be phased in over two to three years for non-rural facilities and three to five years for rural facilities.  

In Mississippi, all but two of the 200 skilled nursing facilities – those licensed to provide medical care from registered nurses – would need to increase staffing levels under the standards, according to data analyzed by Mississippi Today, USA TODAY and Big Local News at Stanford

Even Vicksburg Convalescent Center, which has a five-star rating on CMS’ Care Compare site and staffs “much above average,” will need to increase its staffing under the new regulations.

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Mississippi homes with the highest antipsychotic rates

The six nursing homes with the highest antipsychotic rates in the state include three state-run nursing homes that share staff – including psychiatrists and licensed certified social workers – with the state psychiatric hospital, as well as three private, for-profit nursing homes in the Delta. 

The three Delta nursing homes are Ruleville Nursing and Rehabilitation Center in Ruleville, Oak Grove Retirement Home in Duncan, and Cleveland Nursing and Rehabilitation Center in Cleveland. All have percentages of schizophrenic residents between 26 and 43%, according to CMS data.

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Ruleville, a for-profit nursing home, had the highest rates of antipsychotic drugging in the state at 84% the last quarter of 2023. Slightly more than a third – or 39% – of the home’s residents had a schizophrenia diagnosis, and nearly half are 30-64 years old. 

New York-based Donald Denz and Norbert Bennett own both Ruleville Nursing and Rehabilitation Center and Cleveland Nursing and Rehabilitation Center.

CMS rated the Ruleville facility as one out of five – or “much below average” –  partly due to its rates of antipsychotic drugging. 

But G. Taylor Wilson, an attorney for the nursing home, cited the facility’s high percentages of depression, bipolar and non-schizophrenic psychoses as the reason for its high rate of antipsychotic drug use, and said that all medications are a result of a physician or psychiatric nurse practitioner’s order. 

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While CMS has identified high antipsychotic drug rates as indicative of potential overmedication, Ruleville appears to be an exception, though it’s not clear why it accepts so many mentally ill residents or why its residents skew younger.  

It is unclear what, if any, special training Ruleville staff has in caring for people with mental illness. Wilson did say the home contracts with a group specializing in psychiatric services and sends residents to inpatient and outpatient psychiatric facilities when needed.

There is no special designation or training required by the state for homes that have high populations of schizophrenic people or residents with other mental illnesses. Nursing homes must conduct a pre-admission screening to ensure they have the services needed for each admitted resident, according to the Health Department.    

An official with the State Health Department, which licenses and oversees nursing homes, said there are more private nursing homes that care for people with mental illness now because of a decrease in state-run mental health services and facilities.

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Agency officials pointed specifically to the closure of two nursing homes run by the Department of Mental Health after the slashed millions from the agency’s budget two years in a row.

“Due to the lack of options for many individuals who suffer from mental illness, Mississippi is fortunate that we have facilities willing to care for them,” said State Health Department Assistant Senior Deputy Melissa Parker in an emailed statement to Mississippi Today.  

However, the Health Department cited Ruleville Nursing and Rehabilitation Center in May after a resident was allegedly killed by his roommate.  

The resident who allegedly killed his roommate had several mental health diagnoses, according to the report. The state agency said that the facility for months neglected to provide “appropriate person-centered behavioral interventions” to him, and that this negligence caused the resident’s death and placed other residents in danger. 

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Wilson, the attorney for Ruleville, said his clients disagree with the state agency’s findings.

“The supposed conclusions reached by the (state agency) regarding Ruleville’s practices are not fact; they are allegations which Ruleville strongly disputes,” he said.

Oversight of nursing homes is limited

In 2011, U.S. Inspector General Daniel Levinson said “government, taxpayers, nursing home residents, as well as their families and caregivers should be outraged – and seek solutions” in a brief an investigative report that kickstarted the movement against overprescription of antipsychotics in nursing homes.

“It was pretty striking,” said Richard Mollot, executive director of the Long Term Care Community Coalition, a nonprofit advocacy group dedicated to improving the lives of elderly and disabled people in residential facilities. “The Office of the Inspector General … They’re pretty conservative people. They don’t just come out and say that the public should be outraged by something.”

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That landmark report showed that 88% of Medicare claims for atypical antipsychotics – the primary class of antipsychotics used today – were for residents diagnosed with dementia. The black box warning cautioning against use in elderly residents with dementia was introduced six years earlier in 2005.

But the problem persists today – and experts cite lack of oversight as one of the leading causes. 

“CMS has had that whole initiative to try to reduce antipsychotics, and it’s been 10 years, and basically, they’ve had no impact,” Harrington said. “Partly because they’re just not enforcing it. Surveyors are not giving citations … So, the practice just goes on.”

Ritchie Anne Keller tries to calm a resident at the facility in Vicksburg, Miss., Wednesday, Aug. 7, 2024. Credit: Eric Shelton/Mississippi Today

In Mississippi, 52 nursing homes were cited 55 times in the last five years for failing to keep elderly residents free of unnecessary psychotropics, according to State Health Department data. 

Barring specific complaints of abuse, nursing homes are generally inspected once a year, according to the State Health Department. In Mississippi, 54% of nursing home state surveyor positions were vacant in 2022, and 44% of the working surveyors had less than two years of experience. 

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During an inspection, a sample group usually consisting of three to five residents is chosen based on selection from surveyors and the computer system. That means if a nursing home is cited for a deficiency affecting one resident, that’s one resident out of the sample group – not one resident in the entire facility. 

The state cited Bedford Care Center of Marion in 2019 for unnecessarily administering antipsychotics. The inspection report reveals that four months after a resident was admitted to the facility, he was prescribed an antipsychotic for “dementia with behaviors.”

The resident’s wife said her husband started sleeping 20 hours a day after starting the medication, according to the inspection report, yet the nursing home continued to administer the drug at the same dose for six months. 

CMS mandates that facilities attempt to reduce dose reductions for residents on psychotropic drugs and incorporate behavioral interventions in an effort to discontinue these drugs, unless clinically contraindicated. 

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The facility did not respond to a request for comment from Mississippi Today. 

In another instance, Ocean Springs Health and Rehabilitation Center was cited in 2019 after the facility’s physician failed to decrease three residents’ medications as a pharmacy consultant had recommended. The inspection report says there was no documentation as to why. 

Officials with the nursing home did not respond to a request for comment from Mississippi Today. 

These two incidents – and all citations for this deficiency in the last five years – were cited as “level 2,” meaning “no actual harm” as defined by federal guidelines. Facilities are not fined for these citations, and their quality care score is only minimally impacted.  

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“If they don’t say there’s harm, then they can’t give a fine,” Harrington said. “And even when they do give fines, they’re usually so low they have no effect. A $3,000 fine is just the cost of doing business. They don’t pay any attention to it.”

“Level 3” and “Level 4” are mostly used in extreme and unlikely situations, explained Angela Carpenter, director of long-term care at the State Health Department.

“For example,” she said, a Level 4 would be “if a person was placed on Haldol (an antipsychotic), he began seizures, they still continued to give him the Haldol, they didn’t do a dose reduction, and the person ended up dying of a heart attack with seizures when they didn’t have a seizure disorder.”

“Actual harm” is supposed to also include psychosocial harm, according to federal guidelines, but Carpenter said psychosocial harm “can be very difficult to prove,” as it involves going back to the facility and doing multiple interviews to figure out what the individual was like before the drugs – not to mention many symptoms are attributed to the cognitive decline associated with the aging process instead of being seen as possible symptoms of medication. 

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Experts say the bar for “harm” is far too high.

“And that sends a message that ‘Well, you know, we gave them a drug that changes the way their brain works, and we did it unnecessarily, but you know, no harm’ – and that’s where I think the regulators really don’t have a good understanding of what is actually happening here,” said Tony Chicotel, an elder attorney in California.

‘Looking at the person as a whole’: More humane solutions

Hank Rainer, a licensed certified social worker, has worked in Mississippi nursing homes for decades. Nursing homes contract with him to train social services staff in how best to residents and connect them with services they need. 

Rainer believes there are several solutions to mitigating the state’s high rates of antipsychotic drugs. Those include training more physicians in geriatrics, increasing residents’ access to psychiatrists and licensed certified social workers, and creating more memory care units that care for people with dementia. 

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The nation is currently facing a severe shortage of geriatricians, with roughly one geriatrician for every 10,000 older patients. The American Geriatrics Society estimates one geriatrician can care for about 700 patients. 

Because it’s rare for a nursing home to contract with a psychiatrist, most residents are prescribed medication – including for mental health disorders – by a nurse practitioner or family medicine doctor, neither of which have extensive training in psychiatry or geriatrics.  

Rainer also said having more licensed certified social workers in nursing homes would better equip homes to address residents’ issues holistically.

“LCSWs are best suited to help manage behaviors in nursing homes and other settings, as they look at the person as a whole,” he said. “They don’t just carve out and treat a disease. They look at the person’s illness and behaviors in regard to the impact of environmental, social and economic influences as well as the physical illness.”

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That’s not to say, he added, that some residents might not benefit most from pharmacological interventions in tandem with behavioral interventions. 

Finally, creating more memory care units that have the infrastructure to care for dementia behaviors with non-medicated intervention is especially important, Rainer said, given the fact that antipsychotics not only do not treat dementia, but also pose a number of health risks to this population. 

Dementia behaviors are often mistaken for psychosis, Rainer said, and having trained staff capable of making the distinction can be lifesaving. He gave an example of an 85-year-old woman with dementia who kept asking for her father. 

The delusion that her father was still alive technically meets the criteria for psychosis, he said, and so untrained staff may think antipsychotic medication was an appropriate treatment. 

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However, trained staff would know how to implement interventions like meaningful diversional activities or validation therapy prior to the use of medications, he continued. 

“The father may represent safety and they may not feel safe in the building because they don’t know anyone there,” Rainer said. “Or the father may represent home and security and warmth and they may not feel quite at home in the facility. You don’t ever agree that their dad is coming to get them. That is not validation therapy. But what you do is you try to key in under the emotional component and get them to talk about that, and redirect them at the same time.”

With more people living longer with conditions such as Alzheimer’s, good dementia care is becoming increasingly more important. 

But first the nursing homes would need to find the staff, Chicotel said. 

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As it stands, with the vast majority of nursing homes in the country staffing below expert recommendations – nearly all nursing homes would have to increase staffing under not-yet-implemented Biden regulations, which are less stringent than federal recommendations made in 2001 – non-pharmacological, resident-centered care is hard to come by. 

“Trying to anticipate needs in advance and meeting them, spending more time with people so they don’t feel so uncomfortable and distressed and scared – that’s a lot of human touch that unfortunately is a casualty when facilities are understaffed,” Chicotel explained.

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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