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On the path to self-sustainability, JXN Water is hitting the gas on its water bill collections

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mississippitoday.org – Alex Rozier – 2024-08-30 11:53:06

On the path to self-sustainability, JXN Water is hitting the gas on its water bill collections

The prospect of Jackson again having its own, self-sustaining water system rests on its residents and their pocketbooks. 

While the city is expected to receive around $800 million in federal funds for its water repairs, JXN Water head Ted Henifin knows that the money will one day dry out. So far, the utility has already spent about $100 million of that money, mainly on water line repairs ($45 million) and a contract to staff its treatment plants ($39 million), according to JXN Water’s last quarterly .  

Aisha Carson, communications officer at Jxn Water, gives a presentation during a Jackson utilities community meeting at the Mississippi E-Center at JSU in Jackson, Miss., Tuesday, Aug. 27, 2024. Credit: Eric Shelton/Mississippi

The goal, Henifin told in an interview, is to get the water system’s finances to a point where it can pay for itself by 2029. Once the system is turning over consistent revenue, the city could supposedly take back control of its infrastructure, although lawmakers may have something to say about it. Moreover, Jackson needs the revenue to pour into its broken sewer system, which has for years plagued the neighboring Pearl River with its pollution. But in order to get there, how well the city collects revenue and what citizens are paying has to drastically change.

The latest water bill collection rate from July was 73%, although the number’s fluctuated between the 50s and 70s over the last nine months. To reach the 2029 goal, Henifin said, they’ll need to reach 80% by next year and 90% by 2026. 

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โ€œOur team’s feeling the pressure,โ€ Henifin said. โ€œIt’s basically this (question of), how fast can we ramp this up without stumbling along the way.โ€

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Trying to fill that gap, JXN Water first sent out warning letters about shutoffs last fall, and then began disconnecting non-paying customers over the last few months. The utility has primarily cut off water to homes getting service that don’t have accounts, meaning they aren’t receiving bills. Henifin said it’s typically taken about one to two days to reconnect a home’s service after shutting it off. 

JXN Water recently estimated there were about 1,500 of those cases, and that after shutting off about 600 of those connections roughly 500 of them have since made accounts. Henifin said there are a number of reasons why someone might be in that situation, such as if someone moves into a place where the last account was closed but the utility never shut the service off. 

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Henifin believes another large chunk of properties are getting water for free. After working with an accounting firm to go over the city’s parcel data, Henifin said they found 5,000 to 7,000 properties that have addresses and get electricity but don’t have water meters, meaning JXN Water can’t tell if they’re using water. 

โ€œThey’ve got an Entergy account, it’s a house that exists as a parcel in the city, and there’s no corresponding water account,โ€ Henifin said. โ€œThere’s no meter, there’s nothing. So, it’s like, hmm, how are they living there without any water? So we still got to get to all those.โ€  

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JXN Water has also zeroed in on multifamily homes like apartment complexes with large outstanding debts. Henifin said they’ve disconnected water to about 10 complexes, but that their owners quickly made payments and had their water restored. 

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In Jackson, 51% of the city’s homes are occupied by renters, according to Census data. Rep. Ronnie Crudup, D-Jackson, said out-of-state landlords that aren’t keeping up with their properties, including the ones who had their water disconnected, are a known issue in the city.

โ€œThe sad part about it is the apartment complex, a lot of times they’re collecting the fees from the tenants but they just haven’t done their part,โ€ Crudup said. โ€œThere’s been a lot of absentee landlords who are not taking very good care of their property. We’ve dealt with a lot of that in the city.โ€

Ashley Richardson, the director of Housing Law for the Mississippi Center for Justice, said it’s often convenient for tenants to have their utilities included in their rent. But with factors like absentee landlords, she encourages renters to put their utilities in their own names whenever possible. 

โ€œIt is disheartening that the company is not taking the money that the clients are paying to pay their water bills,โ€ she said. โ€œThe tenants are the ones reaping the consequences of the actions of the management company.โ€

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Richardson added, if renters go without water for extended periods because their landlords didn’t pay their bills, they can reach out to her office at MCJ to learn about breaking their lease. 

Jackson Mayor Chokwe Antar Lumumba, left, listens as Ted Henifin speaks during a press conference at City Hall in Jackson, Miss., Monday, Dec. 5, 2022. Henifin was appointed as Jackson’s water system’s third-party administrator. Credit: Eric Shelton/Mississippi Today

Henifin acknowledged the impacts those shutoffs have on low-income renters, but he highlighted the large sums of money โ€“ over $400,000 in a cases โ€“ that the complexes’ owners owed. He added that JXN Water tried to give tenants there fair warning before shutting the water off.

โ€œThese big out-of-state conglomerates that are owning these real estate trusts or whatever across the country don’t seem to have any conscience about their tenants and the challenges they create,โ€ Henifin said.ย 

Not only is JXN Water trying to boost the city’s water revenue, it’s trying to do so under a new billing structure that went into effect in February. When he introduced the new model at the end of last year, Henifin explained that the utility needed to increase rates on bills (which are now around $76 a month on average, or about $10 higher than before) to have enough money to put back into maintaining and upgrading its infrastructure. 

To counter the rate hike, the model also included a discount for SNAP recipients (about 30% off for most), which would’ve been the first of its kind in the country. The idea was to ease the burden on low-income families in a city where one in four live in poverty, which is twice the national level. 

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However, the U.S. Department of Agriculture, which administers the program, and the state attorney general are appealing a court order requiring the release of SNAP data, arguing JXN Water shouldn’t have access to that personal information. While recipients can still contact JXN Water to get the discount, Henifin said less than 10 people (of the roughly 6,000 eligible accounts in the city) have done so. 

One recipient who spoke to Mississippi Today, Gabrielle McLaurin, said she didn’t know whether the SNAP discount ever went into effect and never reached out to JXN Water to ask.

โ€œIt would apply to me, and that’s the thing, I hadn’t said anything because I know they’re in a legal battle right now,โ€ McLaurin said. 

In a survey Mississippi Today put out in August, most residents who responded said they haven’t had any issues with the new billing system, and many applauded the work JXN Water is doing. 

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Ranjan Batra, a Jackson resident of 25 years, said he’s been really pleased with JXN Water’s service, and that he was dreading control of the system going back to the city.

JXN Water crews making repairs to the city’s water distribution system. Credit: JXN Water

โ€œThere was a sewage leak in our backyard that had been going for probably eight or nine years, and (JXN Water) fixed that,โ€ Batra said. โ€œThe only way to fix that stuff is to have the money to fix it.โ€

Batra’s experience lines up with the results of  a โ€œtrust surveyโ€ that JXN Water has conducted over the last year or so, talking to over 2,000 Jackson residents. In the spring of 2023, the survey found that only 29% trusted the utility. But a year later, that number nearly doubled, reaching 56%. 

McLaurin and others, though, talked about their lingering issues with their bills. She said that sometime around the COVID-19 pandemic, after not getting a bill for over a year, she received a new balance of over $2,000, despite having made payments in the meantime. McLaurin, who lives with her three children, doesn’t know where the $2,000 came from, although suspects some of it may be from her home’s previous occupant. 

After using public assistance offered through the city, she got the balance cut in half. Now, though, she said JXN Water put her on a payment plan requiring her to pay $175 a month, in addition to the $130 in new charges that she sees. 

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โ€œI don’t see how I’ll ever be able to cure this balance,โ€ said McLaurin, who works as a volunteer coordinator for a hospice company.

A seemingly prominent issue for Jacksonians are leaks on their property that result in enormously higher water bills. JXN Water Communications Officer Aisha Carson said that, as of Aug. 27, there were 2,722 โ€œleak or burst codesโ€ coming from residents’ meters around the city. She explained that the new meters they’re installing around the city can detect if water usage is going up because of a leak in a home’s plumbing. 

During a community meeting to discuss utility issues on Tuesday, Carson told residents that JXN Water would adjust residents’ bills when that happens, bringing the price down to what they typically owed before the leak happened. 

A couple of people at the meeting, south Jackson residents Ruth Jumper and Shirley Harrington, both talked about the abnormally high bills they’d received, and that in each case JXN Water told them they had leaks on their property.

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Ruth Jumper looking over water bills at her home in south Jackson on Aug. 29, 2024.

Harrington, for instance, said she got a bill in June for $7,400. After JXN Water told her that the amount was due to a leak, she said she hired a plumber who couldn’t find the issue. Later, she said JXN Water left a note on her door saying that the leak was resolved, and the utility adjusted her bill back to its normal amount. 

โ€œWhen I got (the bill), it blew my mind,โ€ said Harrington, who lives by herself and says her usual monthly balance is about $130. โ€œI was like where did this come from? And their explanation was, โ€˜You’ve had a leak ever since October last year.’ Nobody told me I had a leak, and I’ve been paying my bill.โ€

Jumper, like Harrington, said JXN Water told her she had a leak on her property, inflating the consumption shown on her water bill. Jumper showed Mississippi Today a note, dated July 10, that she said the utility left on her door saying there was no issue. But as far as she was aware, no one had been by to fix a leak. Whatever had happened, her bill for July showed a dramatic 75% decrease in her consumption. The utility also told Jumper it would adjust her bill back to its normal amount, she said. 

Carson later talked about why some residents aren’t seeing the leaks the meters are picking up.

“Leaks can be complicated, such as slab/foundation leaks or lateral line collapses, which are not always obvious,” she said in an email. “While JXN Water is not responsible for leaks on private property, we can send a crew to investigate and confirm if the leak is on the customer’s side of the property line… Once the leak is fixed, customers can request a billing adjustment, and their meter will no longer generate high usage readings, resolving the issue.”

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A note that Ruth Jumper said JXN Water left on her door.

Another point of contention among residents has been a $40 โ€œavailabilityโ€ fee that came with the new billing structure. Both the old and new structures charge customers in two ways: a fixed fee, as well as a variable cost based on consumption. The old fixed fee was much lower, at $11 a month. 

But, Henifin pointed out, the new variable rate for water and sewer combined has gone down, going from $9 per hundred cubic feet, or CCF, to $6. The change, he explained, reflects that most of the cost of delivering water from the infrastructure, rather than how much a person consumes. 

โ€œIf everyone in the city didn’t use water today, those fixed costs would still be there, so we need to collect revenue to pay for that,โ€ he said.

While JXN Water is more aggressively pushing customers to catch up on their bills, it’s also let go of a large chunk of past debt. When the utility took over, according to its quarterly report, it inherited $56 million in water bill arrearages. But a majority of that debt is disputed, the report says, and the cost of recovering that money would outweigh what the utility collects. JXN Water is nearly finished installing new meters to all of its customers, but Jacksonians for years dealt with unreliable billing thanks to faulty meters that the city received through a contract with Siemens. 

Crudup, the lawmaker whose district includes south Jackson, said the $40 charge has been the main subject of concern he’s heard from his constituents. Otherwise, he says, the new billing model seems to be going smoothly, especially compared to the last decade of what Jackson has dealt with. 

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The city began its water metering contract with Siemens back in 2013, but as early as the year residents and officials suspected faulty numbers in their water bills. 

โ€œFor so long, Jackson was on sort of a moratorium on paying water bills, and there were certain people, and probably even businesses who probably saw paying the water bill as sort of optional,โ€ Crudup said. โ€œJackson residents have gone so long, I would say probably the last seven to 10 years without paying pretty consistently.โ€

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

Mississippi Today

Justice Department launches probe into Rankin Countyโ€™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 Countyโ€™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 โ€œGoon Squadโ€ 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.

โ€œSince 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,โ€ 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 in their home and shot one of them, nearly killing him. Six pleaded guilty and were sentenced to federal prison in March.

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

During the press conference Thursday, Todd Gee, the U.S. attorney for the Southern District of Mississippi, noted that journalists โ€œhave compiled harrowingโ€ details of torture and abuse of Rankin County citizens.

He also recalled hearing first-hand accounts of alleged abuse from โ€œmen and women, old and young alike,โ€ during community meetings in Rankin County.

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โ€œIf the Justice Department determines this is a pattern or practice, we will seek remedies,โ€ Gee said.

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

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 : an undersheriff, detectives and a deputy who became a local chief.

The investigation marks the 12th pattern or practice investigation into law 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 โ€œexceedingly happyโ€ about the investigation into the Rankin County Sheriff’s Department and hope the department is held to account โ€œfor its long and storied history of brutality, discriminatory policy and excessive force.โ€

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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

โ€˜They try to keep people quietโ€™: 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 โ€“ 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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โ€œThe national average tells us that there are still a large number of older residents who are inappropriately being prescribed antipsychotics,โ€ explained Dr. Michael Wasserman, a geriatrician and former CEO of the largest nursing home chain in California. 

โ€œThe Mississippi numbers can not rationally be explained,โ€ 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. โ€œThey are egregious.โ€

The 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 โ€œblack box warning,โ€ 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 .

Yet more than a decade after a federal initiative to curb antipsychotic drugging in nursing homes began, 94% of nursing homes in Mississippi โ€“ the state with the highest rate of deaths from Alzheimer’s disease โ€“ 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 โ€“ 21% in the country and 26% in the state โ€“ is indicative of a deeper and darker problem: the substandard way America cares for its elders. 

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

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

โ€œOver 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,โ€ Harrington said. โ€œโ€ฆ 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.โ€

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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 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 โ€“ 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. 

โ€œHow do you know which ones are helping her,โ€ Keller asked, โ€œwhen you got 10 of them?โ€

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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. 

โ€œWe 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,โ€ 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. 

โ€œAs a physician, a geriatrician, I have to use my clinical judgment on what I think is going to help a patient,โ€ Wasserman said. โ€œAnd 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.โ€

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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. 

โ€œBut also, it’s just not right to give someone a drug they don’t need,โ€ he said.

Experts have long said that staffing is one of the strongest predictors in quality of care โ€“ including freedom from unnecessary medication โ€“ 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 โ€“ those licensed to provide medical care from registered nurses โ€“ 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 โ€œmuch above average,โ€ 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 โ€“ including psychiatrists and licensed certified social workers โ€“ 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 โ€“ or 39% โ€“ 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 โ€“ or โ€œmuch below averageโ€ โ€“  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.

โ€œDue 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,โ€ 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 โ€œappropriate person-centered behavioral interventionsโ€ 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.

โ€œThe supposed conclusions reached by the (state agency) regarding Ruleville’s practices are not fact; they are allegations which Ruleville strongly disputes,โ€ he said.

Oversight of nursing homes is limited

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

โ€œIt was pretty striking,โ€ 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. โ€œThe Office of the Inspector General โ€ฆ They’re pretty conservative people. They don’t just come out and say that the public should be outraged by something.โ€

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That landmark report showed that 88% of Medicare claims for atypical antipsychotics โ€“ the primary class of antipsychotics used today โ€“ 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 โ€“ and experts cite lack of oversight as one of the leading causes. 

โ€œCMS has had that whole initiative to try to reduce antipsychotics, and it’s been 10 years, and basically, they’ve had no impact,โ€ Harrington said. โ€œPartly because they’re just not enforcing it. Surveyors are not giving citations โ€ฆ So, the practice just goes on.โ€

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 โ€“ 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 โ€œdementia with behaviors.โ€

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 โ€“ and all citations for this deficiency in the last five years โ€“ were cited as โ€œlevel 2,โ€ meaning โ€œno actual harmโ€ 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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โ€œIf they don’t say there’s harm, then they can’t give a fine,โ€ Harrington said. โ€œAnd 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.โ€

โ€œLevel 3โ€ and โ€œLevel 4โ€ are mostly used in extreme and unlikely situations, explained Angela Carpenter, director of long-term care at the State Health Department.

โ€œFor example,โ€ she said, a Level 4 would be โ€œif 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.โ€

โ€œActual harmโ€ is supposed to also include psychosocial harm, according to federal guidelines, but Carpenter said psychosocial harm โ€œcan be very difficult to prove,โ€ as it involves going back to the facility and doing multiple interviews to figure out what the individual was like before the drugs โ€“ 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 โ€œharmโ€ is far too high.

โ€œAnd that sends a message that โ€˜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’ โ€“ and that’s where I think the regulators really don’t have a good understanding of what is actually happening here,โ€ said Tony Chicotel, an elder attorney in California.

โ€˜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 โ€“ including for mental health disorders โ€“ 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.

โ€œLCSWs are best suited to help manage behaviors in nursing homes and other settings, as they look at the person as a whole,โ€ he said. โ€œThey 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.โ€

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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. 

โ€œThe father may represent safety and they may not feel safe in the building because they don’t know anyone there,โ€ Rainer said. โ€œOr 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 about that, and redirect them at the same time.โ€

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 โ€“ 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 โ€“ non-pharmacological, resident-centered care is hard to come by. 

โ€œ to anticipate needs in advance and meeting them, spending more time with people so they don’t feel so uncomfortable and distressed and scared โ€“ that’s a lot of human touch that unfortunately is a casualty when facilities are understaffed,โ€ 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 โ€œan end to violence.โ€ 

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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