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Mississippi Today

Gov. Tate Reeves’ top political donors received $1.4 billion in state contracts from his agencies

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Gov. Tate Reeves’ top campaign contributors netted $1.4 in contracts or grants from agencies the governor oversees, a Mississippi Today investigation found.

Of the 88 individual or corporate donors who have given Reeves’ campaigns at least $50,000, Mississippi Today identified 15 donors whose companies received a total of $1.4 billion in state contracts or grants since he took office in 2020.

The investigation reveals how private companies, whose executives routinely donate large sums to politicians, can rake in hundreds of millions in Mississippi taxpayer funds while having the ear of powerful elected officials.

Reeves, one of the most prolific political fundraisers in state history, has set numerous annual and office-specific campaign donation . But he’s been criticized by Republican and Democratic opponents as transactional — a politician who helps those who directly help him.

The $1.4 billion total in state contracts identified by Mississippi Today does not include dozens of additional contracts the Reeves donors have received from state agencies not led by the governor. For example, the Mississippi Department of Transportation awarded the governor’s top donors at least $552 million since 2020.

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The total also doesn’t include millions in incentives and tax breaks many of his top donors have received, and it doesn’t include any state contracts that Reeves donors who have given less than $50,000 may have received.

READ MORE: How we reported our investigation into state contracts awarded to Gov. Tate Reeves’ top donors

Unlike many other states, Mississippi has no general “pay-to-play” prohibition, restrictions or special reporting requirements for campaign contributions from people or companies doing business with state government.

In fact, it’s common for owners or executives of companies that reap millions of dollars a year from Mississippi taxpayers to be among the largest donors to the state’s top public officials.

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And it’s not just Reeves.

The governor’s campaign has accused his Democratic challenger Brandon Presley, who has served 15 years on the Public Service Commission, of illegally accepting campaign contributions from companies that had business before the commission. One company highlighted in Reeves’ public complaints gave Presley at least $16,500 in campaign donations.

Presley did vote to grant the company approval for a project, but he and others — one of his Republican colleagues on the commission — maintain accepting the contributions did not violate state law.

READ MORE: Solar company’s donations to Brandon Presley appear legal. But should he have accepted them?

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Examples of donors whose companies received state contracts

Centene

The second largest campaign donor to Reeves is also the single largest state contract recipient — and one that recently had to settle a lawsuit claiming it overcharged state agencies.

Centene, a St. Louis-based health care company that ranks 25th on the Forbes list of top 500 companies, is the nation’s largest Medicaid managed care company. Through its subsidiary company Magnolia Health, it is the recipient of a $1.2 billion managed care contract.

Centene LLC has contributed $318,000 during Reeves’ political campaigns, including a single check for $100,000 in 2023. The Centene PAC has contributed another $44,000 over the course of Reeves’ career.

In 2022, Centene was among three companies selected by Reeves’ Division of Medicaid to continue to provide managed care services to Medicaid . The contracts were awarded through a blind bidding process. It is estimated the total cost of the latest Centene contract is around $1.2 billion, though those numbers are fluid based on various factors, such as the number of people enrolled in Medicaid.

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Magnolia, the Centene subsidiary, has a long relationship with the Mississippi Medicaid program. Since 2017, Magnolia has received state contracts totaling more than $9 billion. Those contracts were awarded before Reeves was governor, though they came while he was lieutenant governor and serving as the presiding officer of the Senate.

Centene received its most recent contract extension after settling a lawsuit filed in 2021 by the state of Mississippi. That settlement — $55 million — came after state Auditor Shad White and Attorney General Lynn Fitch accused another Centene company of overcharging the state for prescription drugs for Medicaid patients.

In 2022, after the Centene lawsuit settlement, Republican state Rep. Becky Currie of Brookhaven offered and passed a House amendment that would have prohibited Centene from receiving another state contract. While the amendment passed the House, it died later in the legislative process.

“I am doing away with doing business with the company who took $55 million of our money that was supposed to be spent on the poor, the sick, the elderly, the mentally ill, the disabled,” Currie said of the Centene contract at the time. “Last year in 2021, Centene brought in a $126 billion profit. They are in other states, that’s not just from us. But that’s all taxpayers’ money. They don’t make anything, they don’t take care of anybody, they don’t do anything, they just get taxpayers’ money from states.”

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Centene officials did not respond to requests for comment.

READ MORE: See who has donated to Tate Reeves from 2003-2023

Rob Wells and YoungWilliams

Rob Wells, the CEO of Ridgeland-based YoungWilliams law firm that receives one of the state’s largest contracts, has contributed at least $173,500 individually to Reeves going back through his political career.

Since Reeves was elected governor, the Mississippi Department of Human Services, which Reeves oversees directly, awarded YoungWilliams a $135 million state contract to collect child support payments.

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In late 2020, Mississippi Today published a story revealing Wells’ contributions to Reeves and other politicians as well as questions about YoungWiliams’ contract with the state. After the article was published, Wells stopped donating individually to Reeves. But he has still found a way to get his personal political contributions to the governor.

Wells donated $120,000 to a newly formed political action committee called the MS Build PAC, according to records filed with the Secretary of State. The PAC has since diverted at least $80,000 of its funds to Reeves’ campaign.

And before Reeves’ governorship, when the Department of Human Services was overseen by former Gov. Phil Bryant, YoungWilliams had received a $58 million state contract.

Reeves was presiding over the Senate as lieutenant governor when legislation was passed to allow the child support program to be privatized, thus opening the door for the contracts received by YoungWiliams.

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According to the Transparency Mississippi web page, the latest YoungWilliams contract was awarded through a competitive bidding process.

Wells did not respond to requests for comment.

Neil Forbes and Horne LLP

Neil Forbes, one of Reeves’ top political donors, is the managing partner of Horne LLP, a Ridgeland-based accounting firm that has dozens of contracts with numerous state agencies.

Since Reeves was elected governor, Horne has received at least $13 million in contracts from agencies Reeves directly oversees.

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When gripped the state and gutted the economy, the Mississippi Department of Employment Services was overrun with unemployment requests. The federal government had appropriated millions to Mississippi and other states to supplement their own existing unemployment funds. With tens of thousands of Mississippians out of work and a huge pot of money available to assist them, the state’s employment agency needed help.

In April 2020, Forbes, on behalf of Horne, signed a $10 million contract with MDES to establish a call center and workflows to help the state with the surge of unemployment requests. Forbes signed a second contract with MDES in April 2021 that was worth $2.2 million for the same purpose.

In both cases, Reeves signed emergency orders allowing the state’s employment agency to enter into no-bid, emergency contracts with Horne. Outside those two COVID-related contracts, Horne also received an additional $455,000 in state contracts from other agencies Reeves oversees.

Forbes, who was made a managing partner of Horne in 2021, had never donated to Reeves’ campaigns before the massive COVID-era contracts came. But on Aug. 25, 2021, Forbes cut Reeves a first campaign check for $2,500. The next month, in September 2021, Forbes wrote Reeves a $10,000 check. In two separate checks in 2022, Forbes wrote another $20,000 to the governor.

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Then in February of 2023, just two weeks after Presley announced he would challenge Reeves’ bid for reelection, Forbes wrote Reeves a $25,000 check.

While Forbes began writing checks to the governor, so did his wife. Avery Forbes wrote Reeves a $5,000 check in July 2022 — also her first to the governor. And on April 27, 2023, she wrote Reeves a $25,000 check.

In total, the Forbeses, who had never given to Reeves before Neil Forbes became managing partner at Horne in 2021, have given the governor’s campaign $87,500 in contributions.

Neil Forbes did not respond to requests for comment.

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Covington Civil & Environmental

Covington Civil and Environmental, an engineering consultant firm with offices in Gulfport and Mobile, is one of Reeves’ largest donors.

The company has donated more than $66,000 to his campaigns. Company officials and related LLC’s have also given thousands more to Reeves.

Covington, despite having little experience at the time in environmental restoration, garnered contracts worth $36 million from former Gov. Phil Bryant’s administration from the state’s $2.2 billion settlement over the Deepwater Horizon oil disaster in 2010.

Under Reeves’ administration, Covington has gotten $792,000 in contracts, including a $500,000 no-bid contract from Reeves’ Department of Finance and Administration to help supervise the state’s federally funded broadband internet expansion efforts.

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Covington did not respond to requests for comment.

Other states limit political donations from contractors

Some states, including California, Connecticut, Hawaii, Kentucky, New Jersey, Ohio, South Carolina and West Virginia, have prohibitions or strict limits on campaign donations by government contractors to politicians. Others, including Maryland, New Mexico, Pennsylvania and Rhode Island have special campaign donation reporting requirements for companies and their officers who contribute to candidates.

In the early 2000s, numerous states and large cities considered or enacted pay-to-play restrictions or prohibitions. Often these were in reaction to scandals or corruption.

But since the 2010 Citizens United ruling, there has been less of a push for such limitations. In that case the high court held First Amendment freedom of speech prohibits the government from restricting independent expenditures by corporations on behalf of political campaigns. Some state courts followed suit. For example, in Colorado, a constitutional amendment passed by voters prohibiting sole-source state contractors and their families from contributing to campaigns was struck down as unconstitutional by the state’s Supreme Court.

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Reform supporters say unregulated political contributions present a real danger of corruption, or at least the appearance of corruption, in government contracting. Opponents of such laws say prohibitions or restrictions on campaign contributions by government contractors limit their freedom of speech.

Mississippi’s campaign finance, lobbying and ethics laws and reporting requirements are notably weak, and contained in a piecemeal patchwork of confusing — and some conflicting — laws passed over many years. But even if Mississippi had stricter campaign finance laws, it’s unclear who might enforce them.

The secretary of state’s office and Ethics Commission have for years said they lack enforcement or investigative authority. The secretary of state’s office is responsible for receiving campaign finance reports but serves mainly as a repository, with no real investigative or enforcement authority. The Ethics Commission, after some changes to laws in recent years, appears to have some authority, but it’s unclear.

“It’s a mess,” state Ethics Commission Director Tom Hood said recently of Mississippi’s campaign finance laws. “Changes (to the law) have been made multiple times over multiple years, and it’s like trying to put together a jigsaw puzzle that doesn’t fit.”

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Attorney General Lynn Fitch, as the state’s top law officer, runs the only state agency with clear authority to investigate and prosecute campaign finance violations. But Fitch, like her recent predecessors, has shown little interest in investigating or prosecuting complaints and enforcing campaign finance laws.

Mississippi attorney general actions on campaign finances or lobbying over the years have been so rare that, when they do happen, they bring outcry of selective enforcement.

Most often, campaign finance violations go unchecked, leaving the state political system open to the corrosive influence of special interest money.

Mississippi’s system also lacks transparency. For instance, unlike all neighboring states, Mississippi’s campaign finance reports are not electronically searchable. They are PDF files, and some politicians still submit hand-written reports. One in recent years submitted hers in calligraphy.

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Mississippi allows politicians (except some judges) to take unlimited campaign contributions from individuals, LLCs and PACs. While there is a $1,000-a-year limit on corporate donations, this is easily sidestepped by corporate officers or lobbyists donating large amounts.

State lawmakers for many years have been loath to enact meaningful reform, transparency or oversight of the intersection of and money. This leaves the door wide open for corruption.

Numerous complaints about Mississippi money in politics

This year’s statewide campaign cycle has seen numerous complaints about alleged campaign finance violations, in several races besides the gubernatorial one. Earlier this year, out-of-state dark money groups pumped more than $1.4 million into the Republican primary race for Mississippi lieutenant governor, in support of unsuccessful GOP candidate Chris McDaniel. Incumbent Lt. Gov. Delbert Hosemann filed legal complaints with the ‘s office.

There have been other questions about Public Service Commission candidate campaign finances this election cycle. PSC candidates face stricter campaign finance laws, enacted by state lawmakers years ago after past scandals and corruption with the utility regulating authority. PSC candidates are prohibited from taking contributions from officers of public utilities whose rates the commission sets.

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The Magnolia Tribune in June questioned a donation to gubernatorial candidate Presley from a regulated utility. Presley returned the $500 donation, saying it was mistakenly accepted. The publication also questioned donations to Presley and Central District Public Service Commissioner Brent Bailey from a law firm that represents the PSC, with its fees paid by Entergy, a regulated power company.

Both Bailey and Presley have denied their questioned contributions fall under the PSC campaign finance prohibition. A solar company that donated to Presley is threatening to sue Reeves over ads he is running saying its donations to Presley were illegal.

In the Southern District PSC race, challenger Wayne Carr — who defeated incumbent Republican Commissioner Dane Maxwell in the primary — claimed Maxwell took $18,000 in illegal contributions from PSC-regulated utilities or affiliates and failed to report thousands in campaign spending. Maxwell denied any wrongdoing, but returned some of the donations, saying he unknowingly accepted some he shouldn’t have.

The complaints of legally questionable spending and reporting prompted calls for Fitch to investigate, and for reform in state campaign finance laws.

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Both incumbent Republicans Hosemann and Secretary of State Michael Watson have vowed to push campaign finance reform in the 2024 . Presley has made such reform a main plank in his platform during his 2023 gubernatorial campaign.

One area that will likely be debated by lawmakers is what elected official or agency would investigate and enforce campaign finance complaints and regulations. In numerous other states, ethics commissions or special commissions oversee such operations. In some states, elected officials such as secretaries of state have such responsibility.

Hood recently said he’s not pushing lawmakers for large increases in funding or authority for the Mississippi’s Ethics Commission. But he would like for laws and responsibilities to be clearer, particularly with campaign finance issues.

“Somebody needs to have clear authority and responsibility to enforce the law — that would be a good first step,” Hood said.

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

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

Justice Department launches probe into Rankin County’s policing practices

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 attorney general 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 pleaded guilty and were 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 identified 20 deputies who were present at one or more of the incidents. They included several high-ranking officials: an undersheriff, detectives and a deputy who became a local police 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 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 drugs. 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 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 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 University. 

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 stars – 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 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 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 having 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 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 support 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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Mississippi Today

On this day in 1966

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mississippitoday.org – Jerry Mitchell – 2024-09-19 07:00:00

Sept. 19, 1966

Martin Luther King Jr escorts two 7-year-old , Eva Grace Lemon and Aretha Willis, on their march to integrate schools in Grenada. (Used by permission. Bob Fitch Photography Archive, Stanford Libraries)

Martin Luther King Jr. spoke to a mass meeting in Grenada, Mississippi, followed by a march. The came after 300 members of the white community had called for “an end to violence.” 

The next morning, King, along with Ralph Abernathy, Andrew Young and folk singer Joan Baez, led African-American students to the newly integrated public school. A earlier, a white mob had attacked Black students and those escorting them. The battered and bloodied victims escaped to nearby Bellflower Baptist Church. 

After a federal judge ordered troopers to protect the , FBI agents 13 white . Despite the order, the harassment of black students continued, and they eventually walked out in protest. Two months later, a federal judge ordered the school system to treat everyone equally regardless of race.

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

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