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Mississippi welfare scandal inspires national safety net improvements

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The decision to use $1.3 million in Mississippi’s federal welfare dollars to fund a boot camp-style fitness program in 2018 didn’t occur entirely off the books or in secret. 

It was allegedly part of a -sanctioned initiative that exploited the social safety net — a national trend that federal officials are to reverse through several policy changes it recently proposed.

Auditors later deemed expenditures on the exercise program unlawful, lumping it within a sprawling welfare fraud scheme to which seven people have pleaded guilty, and the state has demanded the money returned. But at the time, Mississippi and federal officials were all on board, according to the fitness instructor Paul Lacoste.

In fact, Lacoste recalls that before he received his contract for welfare funds, the state agency director John Davis, his boss then-Gov. Phil Bryant, and federal officials were at the table and supported the idea. Davis has pleaded guilty to several felonies and potentially faces years in prison, Lacoste has not been charged criminally but he is facing civil litigation, and Bryant is not facing criminal or civil charges.

The federal grant that supplied the funds, Temporary Assistance for Needy Families or TANF, is a work and family stabilization program, not a -related program.

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Leaders may have theoretically justified the purchase by arguing that helping low-income people get fit would them enter or maintain their employment. In other words, a healthy population equals a strong workforce. It may be a stretch, but it’s arguably the kind of mental leap states have made since welfare reform in the 1990’s in order to spend federal welfare funds on virtually anything but cash assistance to needy families.

But it’s unclear if that’s how leaders justified the fitness classes or if that explanation would even fly. Mississippi didn’t necessarily have to explain their logic because the federal didn’t require it. The U.S. Department of Health and Human Services, which administers the program, exercises no authority to scrutinize state spending or determine whether the uses actually align with the program’s intended purposes.

Enter the Mississippi welfare scandal, where state officials used politically-connected nonprofits and dubious legal loopholes to funnel welfare money to the construction of a volleyball stadium, a pharmaceutical startup company, a wrestling ministry, and countless other questionable programs.

Under U.S. President Joe Biden, the U.S. Department of Health and Human Services is attempting to clarify what kinds of programs states can with TANF funds. The rules say that states may no longer be able to use the grant to support afterschool programs, college scholarships for recent high school graduates from middle-class families, or child welfare investigations — all things Mississippi currently does within its TANF program.

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“It would be premature for DHS to comment on a proposed rule,” a spokesperson for Mississippi Department of Human Services said in an emailed statement to Mississippi . “ACF (the Office of Family Assistance at the U.S. Department of Human Services) has only issued a notice of a proposed rule. There could be changes before a final rule is adopted.”

HHS similarly said it “cannot speculate on the application of a rule that is a proposed rule and has not yet been finalized” as it reviews more than 7,000 public comments on the proposal.

If it takes effect as proposed in coming months, the federal government will also finally have the leeway to determine, after the state makes an expenditure, if purchases were “reasonably calculated,” meaning a “reasonable person” would find that it accomplished one of the goals of the TANF program.

If state and federal officials disagree, the state must provide evidence or academic research to justify their spending — something the federal government has never before required.

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The notice of proposed rule changes, released in October, acknowledges that states have been spending federal public assistance funds “on a wide range of benefits and services, including some with tenuous connections to a TANF purpose.”

The notice on the heels of Mississippi’s scandal, including Mississippi Today’s Pulitzer Prize-winning reporting on the subject, which helped place a national spotlight on the failings of the program.

“I think this is HHS right now realizing, because of Mississippi, ‘We don’t have clarity on our enforcement authority as an agency to determine when costs are unallowable,’” said Matt Williams, director of research for the Mississippi Low-Income Child Care Initiative. “They’re trying to introduce reason. They’re acknowledging that states can justify so much that has no connection to getting resources in the hands of families below poverty. … Because of that flexibility in those four purposes, they need some kind of mechanism to say back to the states, ‘Hey, this is wrong. This does not pass muster.’”

When Congress replaced the nation’s former welfare entitlement program Aid to Families with Dependent Children in 1996 with TANF, a block grant, it gave states broad flexibility to spend the funds on four vague purposes. Those are:

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  • Provide assistance to needy families so children can be cared for in their home;
  • Reduce the dependence of needy parents by promoting job preparation, work and marriage;
  • Prevent out-of-wedlock pregnancies;
  • Encourage two-parent families.

“Among the purposes, you do not see the purpose being to reduce poverty, which has been a shocking omission,” said Heather Hahn, a national TANF expert with the Urban Institute. “But it was a highly political change, and earlier versions had not passed and this one did.”

The ability of states to create their own welfare programs is central to the law; removing that flexibility would require an act of Congress.

Hahn told Mississippi Today she thinks HHS is “still really walking a fine line between flexibility and accountability.”

Authors of “The Injustice of Place: Uncovering the Legacy of Poverty in America,” released in August, explain that the federal government did more than just authorize states to spend the money however they wanted. By placing tough restrictions on administering the monthly welfare check to poor families, and virtually no limitations around the spending on ancillary programs, it actually incentivized states to direct the funding elsewhere. The federal government allotted states the same amount of money no matter how many needy families they served.

“To spend the funds to help needy families, the states must navigate myriad rules and reporting requirements. But to use the money for other purposes, they need only justify that the expense is relevant to one of the core purposes of the program,” write the authors and national poverty researchers Luke Shaefer, Kathryn Edin and Timothy Nelson. “These criteria a lot of wiggle room, to say the least. Mississippi, a state that ranks among the most corrupt by any measure, took that wiggle room to the extreme.”

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Much of the scrutiny around Mississippi’s spending relates to a state rule that allows non-cash TANF programs to serve families who earn up to 350% of the federal poverty line — about $87,000 for a family of three — meaning the funds benefitted many middle-class families.

The new federal rules would require states to define “needy” as families earning under 200% of the federal poverty line. But this new requirement would only apply to cash assistance — which Mississippi already caps far below the poverty line — and workforce training and support programs.

According to the four TANF purposes, the federal government does not require that programs related to pregnancy and parenthood be reserved for the needy.

States have been using the TANF program to support college scholarships for adults without children, many from middle class families, under the argument that they reduce out-of-wedlock pregnancy. The federal agency specified that this would not likely meet the “reasonable person standard.”

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In its most recent reports, Mississippi counts more than $15 million in state spending on college scholarships as part of its required state match to draw down federal TANF funds. The state labels this expenditure under the goal of ending the dependency of needy parents on government benefits — though the recipients are most often neither parents nor needy. Mississippi Today’s ongoing investigation into the welfare program found in 2019 that 40% of those scholarships went to middle-class families, and the vast majority were traditional students between the ages of 17 and 24.

The rules also say that states will likely no longer be able to use TANF to fund after school programs, which received a total of $925 million nationally in 2021. Most recently, Mississippi was spending about $13 million in TANF funds on these services annually.

For years, Mississippi has used TANF funds to plug budget holes at the Mississippi Department of Child Protection Services, the agency that investigates child abuse and neglect and conducts family separations — the antithesis of the TANF program. The payments were interagency transfers, hidden from public view. But recently, MDHS entered a TANF subgrant agreement with MDCPS, which spelled out for the first time what the funds were actually meant to support.

Under that agreement, MDHS supplies MDCPS nearly $30 million, primarily to pay for social workers who investigate child abuse and neglect reports, as well as in-home family preservation services and the child abuse hotline. HHS said states will likely no longer be allowed to use TANF funds for child welfare investigations.

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As written, the rule also aims to prevent states from using TANF funds to support crisis pregnancy centers – a policy that Republican lawmakers, including Sen. Cindy Hyde-Smith, have decried. Mississippi does not, however, currently use TANF dollars for these programs.

Through these new rules, the federal welfare agency appears to encourage — but not require — states to revert back to providing poor families with monthly payments.

“More than 27 years after the establishment of TANF, state programs have shifted away from a focus on direct cash and employment assistance,” reads the federal notice. “Although states are permitted under the statute to determine how much funding to expend on cash assistance, we remind states that there is a large body of research that shows that cash assistance is a critically important tool for reducing family and child poverty.”

Currently, states spend 23% of TANF funds nationally on direct cash assistance. They spend the rest on things like child care and head start (23%), workforce training (8%), child welfare (6%), Earned Income Tax Credits (6%), out-of-wedlock pregnancy prevention (1%) and fatherhood and two-parent family formation and maintenance programs (0.4%). (Compared to less than half a percent nationally, Mississippi spends 25% of its welfare funds on fatherhood programs).

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But there’s no federal data of individual expenditures under those spending categories. The federal government doesn’t require state welfare agencies to provide actual documentation detailing this spending.

The only tool HHS has to hold states accountable for these purchases is an annual audit, which states must have conducted each year. In Mississippi, the entity that performs that audit is the State Auditor, an elected politician.

Mississippi’s auditor found repeated deficiencies in MDHS spending controls that went unaddressed for years. The reports may only test a fraction of purchases each year, and they occur retroactively, meaning by the time HHS learns about potential misspending, the money is already gone.

Even under the new requirements for a TANF program to be “reasonably calculated,” the federal government wouldn’t have prior approval. The analysis and enforcement would still happen retroactively, experts said.

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“I think HHS is trying to be as strong as they can within their statutory authority to hold states’ feet to the fire and require actual evidence,” Williams said.

But what Williams said might actually happen in practice is that states like Mississippi will be in a constant back-and-forth bureaucratic corrective action plan with the federal government. A state that made unallowable purchases could face a future reduction of their federal TANF grant, which it would be required to make up with state funds, but Williams questions how the federal government would enforce that.

Williams said there are more impactful policy changes that may require action by Congress, such as requiring states to spend a certain percentage of their TANF grant on assistance — not just cash, but other direct supports like child care — or ease eligibility requirements so that more families would qualify for assistance.

Currently, a family of three in Mississippi must earn under 25% of the federal poverty line, about $457 a month, to be eligible for cash assistance. In 2022, the state only spent about 5% of its annual grant on these monthly payments to poor families — about $4.3 million out of $86.5 million. However, this is up from $3.5 million, or about 4%, in 2021.

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Just 211 adults in Mississippi receive the aid.

The state’s largest current TANF subgrant, a $5 million subgrant with Canopy Children’s Solutions, is for a program under the state’s “Parenthood Initiative” called LINK, which is supposed to help families “navigate the difficulties of locating and accessing basic needs, educating families on how to access these resources on their own, educating and promoting healthy family values and building resilience and self-sufficiency to ensure long term permanency.”

States are allowed to transfer up to 30% of their TANF grant to the low-income child care voucher program. While Mississippi had chosen not to do this for the past several years, MDHS Director Bob Anderson recently told state lawmakers the agency had decided to begin making this transfer.

Williams is hopeful the new regulations signal a step toward “acknowledging that states have too much flexibility, and that that flexibility has eviscerated the social safety net as we know it.”

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But many questions remain in Mississippi. For example, auditors and lawyers have come to different conclusions about what, exactly, was wrong about Lacoste’s welfare-funded boot camp program.

While Lacoste represented to the public that his fitness classes were part of a partnership with MDHS and Families First for Mississippi — the initiative to which the state outsourced its TANF program — he did not set any requirements for participants to be low-income, according to audits.

Lawyers hired by the state to file civil charges argue that Lacoste and his organization Victory Sports Foundation must return the funds because his program did not achieve a lawful TANF purpose.

But neither of the audits on which the lawsuit was based appeared to actually analyze whether fitness and nutrition services would fit within the TANF purposes.

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The audit by the State Auditor’s Office, conducted on behalf of the federal government, said the payments to Victory Sports violated federal law, not because fitness classes are inherently unaligned with a TANF goal, but primarily because the program was not reserved for the needy.

Forensic auditors hired by the state said the payments were improper for neither of those reasons, but because they were made under undue influence by then MDHS director Davis.

Officials from the U.S. Department of Human Services have not made any public statements to clear this up, providing a canned response to Mississippi Today for this story.

So would an exercise program meet the new “reasonable person” standard?

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“No,” Williams said, before pausing and then clarifying, “Whose definition of ‘reasonable’?”

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

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 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 men 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 residents 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 Bryan 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 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 shows. 

More than one in five nursing home 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 lead 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 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 – 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/

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 freedom 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 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 following 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 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 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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