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‘Lies, rumors, innuendo … fiction.’ State GOP chair, AG bash Auditor Shad White’s book on welfare scandal

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mississippitoday.org – Geoff Pender – 2024-08-13 11:23:47

‘Lies, rumors, innuendo … fiction.’ State GOP chair, AG bash Auditor Shad White’s book on welfare scandal

Auditor Shad White has taken the unusual tack for a leader of an investigative and enforcement agency of writing a book about an ongoing case — the Mississippi welfare fraud scandal.

“Mississippi Swindle: Brett Favre and the Welfare Scandal that Shocked America” hit bookshelves on Aug. 6 even as feds continue to probe and prosecute and the state tries to recoup tens of millions of federal dollars meant for the poor.

White is already drawing some fire for his tell-all from fellow he cast in less-than-flattering light. They question whether it’s appropriate for him to write about and profit from a case he investigated, and whether it could hinder ongoing criminal and civil investigation and prosecution.

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Much of White’s new tome appears to be his defense of questions he has about his own role in the initial probe, his close relationship with a key figure and early decisions he made.

He also heaps criticism on Republican Attorney General Lynn Fitch and state GOP Chairman Mike Hurst, who was a Trump-appointed U.S. attorney during the time on which the book focuses. White paints Hurst as too political and egotistical, Fitch as inept and uninterested in going after the misspending.

Hurst and Fitch accuse White of writing a self-aggrandizing work of fiction rather than a documentation of the welfare fraud case.

Hurst in a statement said: “It’s sad and disappointing that our state auditor would stoop to these levels of lies, rumors and innuendo in order to bolster himself politically and enrich himself financially during an ongoing criminal investigation. While fantasy and fiction may sell books, and maybe in his mind bolster his chances for higher office, it is not in the best interest of, or the right way forward for, our state.”

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Hurst has also questioned whether White not involving the feds — with their wiretapping, surveillance, statutory and other capabilities — in the case until after the initial state arrests were made public hindered wrapping up all the bad actors in the fraud scheme.

A Fitch spokeswoman said of the book: “There is no question that publishing a book while a case is still active makes a complicated case that much more complicated. It remains to be seen what impact the Auditor’s recollection of events will have on the serious work that is being done on behalf of .

“We can’t speak for others, but as far as its account of the Attorney General’s role, we consider the book fiction.”

White, an ambitious politician with eyes on the governor’s office, in his book praises himself and his staff for uncovering massive fraud after a tip from White’s majordomo, then-Gov. Phil Bryant. White in the book also praises District Attorney Jody Owens, to whom White took the case for prosecution.

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White initially eschewed federal prosecutors and the FBI, who had much more investigative and prosecutorial might and experience in tracking down misspending of federal money. In the book he explains that he worried the feds would not move quickly enough to staunch the misspending of millions of federal dollars by state actors. So he took the case to the newly elected Democratic Hinds DA Owens, with whom White says he already had a relationship from the two going through conversion to Catholicism together.

Criminal and civil defendants in the case, and the public, have for years questioned then-Gov. Bryant’s role in the frittering of potentially $100 million meant for the poorest of the poor in the poorest state. Mississippi Today’s Pulitzer Prize-winning “The Backchannel” series by reporter Anna Wolfe showed Bryant using private texts to influence his welfare director and try to broker a deal with a pharmaceutical startup that enticed him with stock in the company. 

White served as policy director when Bryant was lieutenant governor and was his gubernatorial campaign manager in 2015. Bryant in 2018 appointed White as state auditor, a job that has been a launching pad for runs to higher office, and supported White in his subsequent election.

Former state auditors have said that, had they had similar connections to the governor overseeing the agency that spends welfare money, they would have recused themselves or limited their involvement in the auditor’s investigation.

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READ MORE: Former auditors question whether Shad White was too close to investigate Phil Bryant

White throughout the book rails against any questions of whether he feathered or sandbagged any investigation for his former boss, who has not been charged with any crime or been included in the state’s civil prosecution.

“Show some proof of this crazy conspiracy,” White writes. “If the feds can find proof on more people, then good. Everyone who did something wrong should go down. If the feds Bryant of telling (a key defendant) to get rich off this money, or if they think Bryant benefitted, then tell them to do the work we’ve been doing. Investigate! Reach their own conclusions! Tell them to do their jobs!”

READ MORE: Phil Bryant had his sights on a payout as welfare funds flowed to Brett Favre

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White, who is critical of Mississippi Today, Wolfe and “The Backchannel” — and never mentions the Pulitzer Prize — shrugs off texts involving Bryant, including one between Bryant and the head of a pharmaceutical company that received welfare money. The drug CEO recently pleaded guilty to federal wire fraud charges in the welfare case, after White’s book had already been written.

The pharmaceutical CEO texted Bryant two days after the governor left office: “Now that you’re unemployed, I’d like to give you a company package for all your help.”

Bryant responded: “Sounds good. Where would be the best place to meet. I am now going to get on it hard.”

White in his book explains: “Bryant sent these controversial texts after my office took our findings to Jody Owens, so they were not central to the opening salvo of the case. They hadn’t even been sent when we went to Jody. But the message would go on to be a focal point for every prosecutor who looked at the matter from then on. How federal and state prosecutors interpreted his messages — had Bryant agreed to accept something of value in exchange for an official act? — would determine Bryant’s future.”

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White further defends Bryant, “the most salient fact … was that Bryant had never actually accepted anything of value” and says Bryant hired a new welfare agency head to get to the bottom of misspending.

READ MORE: Brett Favre says welfare probe has ignored Gov. Bryant’s role

Some of White’s knocks on others, particularly Hurst, appear thinly sourced, such as, “I was still hearing rumors that Mike Hurst was telling people I’d handed the DHS case to state prosecutors instead of the feds to protect Governor Bryant.” And, “The rumors were that Mike had been directing FBI agents as if they worked for him, creating animosity with FBI bosses.”

As for Fitch, White says she appeared disinterested in prosecuting the largest fraud case in state history, forcing those who misspent it to pay it back or seizing millions of dollars in property bought with ill begotten money. He questioned her relationship with famed former NFL quarterback Brett Favre, whom the state has sued to recoup welfare money paid to him.

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White writes that Fitch failed to help freeze a bank account holding welfare money but, “Instead Fitch filmed a video around that time with Brett Favre (where he called her ‘Lynn Finch with an n in her last name) discussing COVID and promoting her office — all after the public knew Favre was enmeshed in the scandal … perhaps Fitch was wagering it was better for her long-term political future to align with Favre.”

Favre is suing White defamation, and Fitch has refused to have the AG’s office represent White in the case in part because his book criticizes her office creating a conflict of interest. Fitch’s office has also warned White that any legal matters involving his book would be outside the scope of his job and he would be on his own legally.

In the book White writes: “Attorney General Lynn Fitch has been quiet throughout the DHS debacle, failing to even register a meaningful comment on the largest public fraud scheme in the state’s history. Whereas Jody (Owens) and I faced criticism for moving too slowly — despite being the ones to uncover and serve the first indictments in the scheme — Fitch had escaped controversy by doing nothing at all.”

White’s book has been the talk of Mississippi’s political class for months, with many questioning whether it’s proper for him to profit from a case in which he was involved as state auditor. A recent promotional video of White put out by the publisher appeared to be shot from a state office, with White sitting beneath a large state of Mississippi seal, further prompting the questions.

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Tom Hood, director of the Mississippi Ethics Commission, said that generally, an elected official can write such a book.

“The Ethics Commission has advised in numerous opinions that public servants are not prohibited from taking general knowledge or experience gained through the course of their service and using it in the private sector.”

But professor John Pelissero, director of Government Ethics at the Markkula Center for Applied Ethics at Santa Clara , said, “I can understand why people would question his motivations here.”

“To be directly involved in investigating the welfare scandal and then, if you will, limiting how much information his office was sharing with the public before coming out with a book, one has to look at the release of this book and ask how is the public interest served by the state auditor using his position … then benefitting personally and perhaps politically,” Pelissero said. “… Maybe in terms of the letter of the law the auditor hasn’t violated anything, but the book is based upon information he acquired in his official capacity. The ethical problem is if the public looks at it and they perceive the auditor is seeking to benefit financially and politically … That undermines the public’s confidence.”

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As this article was being reported and written, State Auditor’s Office Communications Director Jacob Walters messaged saying, “I’ve heard around the grapevine” that an article was forthcoming and that he assumed “you would give us a chance to respond.” The state employee, who did not answer whether he was doing the book public relations as a state employee, then sent lengthy written statements from White blasting Hurst and Fitch. (Note: Read the full comments here.)

“The truth, unfortunately, is that Mike was not a particularly good U.S. Attorney,” White’s statement said. And for Fitch, “… she failed to prosecute a soul, failed to seize any property bought with stolen welfare money and forced the state to hire private attorneys … That by Lazy Lynn has cost taxpayers hundreds of thousands of dollars…”

State Auditor Shad White’s publisher recently aired a Youtube video of White promoting his book. Credit: Special to Mississippi Today

Asked at the recent Neshoba County Fair by Mississippi Today why he wrote the book, White said the writing, which he started a couple of years ago, was partially cathartic.

“I really started writing at a time when the state auditor’s office and the Hinds DA were the only entities doing anything about the welfare scandal in Mississippi, and frankly I was a little frustrated,” White said. “One of the things I do when I’m frustrated is pour my thoughts onto a page … and by the end, I thought this is a story that taxpayers need to know. This is a complicated case as y’all know at Mississippi Today, and I thought I needed to put this all in one place and explain to the people not only what happened but why I made the decisions I made throughout the course of the case.”

And while the feds appear to still be active on the case, White said, “the FBI has not asked us any questions about how to dig into any more facts any time in the last year” and he believes “prosecutors have all the facts and now they’re debating whether to charge anybody else.”

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White’s 236-page book, published by New Hampshire-based Steerforth Press, flows fairly well even as it gets into the weeds at times about audit details with lots of numbers. White lists no co-author.

Some of the color in the book can be off-putting, such as what appears to be an almost formulaic — and sometimes harsh — quick description of main characters as they are introduced.

White describes Phil Bryant as having “rugged looks … a thick head of perfectly coiffed gray hair.” Gov. Tate Reeves is, “rosy-cheeked with a full head of blond hair.” DHS Director John Davis is described as, “now a paunchy, balding man with a penchant for flashy ties and decor.” A younger defendant Nancy New had “big hair and a Cheshire cat grin.” Defendant Zach New “still looked like a Southern Miss frat boy … a permanent five o’clock shadow and wore some beer weight around his face.” Mississippi Today reporter Anna Wolfe was “wearing big, horn-rimmed glasses and hair that occasionally changed colors.” An aide to Davis “was callow, still sporting his college haircut.”

White, 38, is himself a small, slender elfish looking fellow with large ears and a receding hair line.

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White’s book appears to be written in the vein of c’est fini, but the feds got a guilty plea from the pharmaceutical CEO about one week before White’s book hit the shelves.

A couple of other themes in the book perhaps also didn’t age well.

After White penned his criticism of Hurst and the book was put to bed, Hurst was elected chairman of the state Republican Party. With his ambition for occupying the governor’s mansion, White would probably need the help and support of his party.

Also after the book was put to bed, Hinds County District Attorney Owens’ office and a cigar bar and lounge he owns were in May raided by FBI agents. The purpose of the raids remain unexplained, but Owens said he is cooperating with federal authorities.

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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 for 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 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 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 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 Jackson, 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 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 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 health care,” 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 – 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

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 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 – 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 Legislature 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 . 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 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. 

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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