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Wednesday, May 19,2010

Patients Aren’t Safe at the County Mental Health Complex

Interim report finds inappropriate sexual contact, inadequate treatment in the Acute Care Unit

By Lisa Kaiser
 
Although the federal government is no longer threatening to pull roughly $60 million in funding from the Milwaukee County Mental Health Complex over patient safety concerns, that doesn’t mean that all of its problems have been solved by the Milwaukee County Behavioral Health Division’s Corrective Action Plan.

The complex has come under scrutiny since it was reported that a 22-year-old patient had become pregnant while in the county’s care and that several female patients had been sexually assaulted by one male patient last year.

According to a preliminary report issued by Disability Rights Wisconsin (DRW), many patient safety and treatment issues remain.

“The incidents that led to the investigation were only symptoms of much broader and deeper problems” at the Mental Health Complex, the report concluded.

Safety Isn’t Guaranteed

DRW reviewed the 11 cases of patients on the Acute Care Unit that raised alarms in the earlier investigation.

DRW found:

  • Eight of the 11 patients are African American, five have a history of substance abuse, five are survivors of sexual assault and/or abuse, and five have a cognitive disability, making culturally sensitive and patient-centered care a priority
  • All 11 patients are in their twenties, with the potential to live independently if they could receive quality inpatient treatment
  • Five of the 11 patients alleged that they were sexually assaulted by other patients, but some guardians were not notified of the allegations and physical exams and STD testing aren’t always performed
  • The hospital failed to ensure that 10 of the 11 patients were safe from inappropriate sexual contact while in the Acute Care Unit
  • Staff had not been aware that the hospital had a no-sexual contact policy between patients, and some administrators suggested that the incidents of sexual contact were all or primarily consensual
  • Inadequate nursing care or treatment plans, physical exams and discharge planning were common
  • Physical restraints were used on six patients and overmedication was common, prohibiting those patients from participating in treatment
  • Patients did not receive treatment for drug or alcohol addiction, trauma or cognitive disabilities when appropriate
  • Ten of the 11 patients had multiple hospitalizations and were seen at the county’s emergency room many times. In spite of these multiple hospitalizations, though, very little was done to link these very ill young people with community services and support

“Consequently, there was a huge investment of taxpayer funds in expensive and repetitive inpatient emergency care, with very minimal investment in mental health services outside of the hospital, due to a lack of referral and linkage to these services,” the report concluded.

In fact, the county doesn’t even maintain a waiting list for community services for patients who cannot access them upon discharge. More than 60% of individuals who need these services must wait two to three months before receiving them.

Barbara Beckert, Milwaukee office director of DRW, told the Shepherd this was one of the biggest take-home messages from the report.

“The way that we are currently using our limited funds doesn’t make a lot of sense,” Beckert said. “There’s a significant human cost and a fiscal cost. We don’t have the appropriate approach in terms of allocating resources. We need more invested in the community—supportive housing, group homes, programs that provide targeted case management and community support.”

Safety of Workers Also at Risk

Candice Owley, head of the Wisconsin Federation of Nurses and Health Professionals, said her organization has called for more attention to safety issues for years. She said the number of assaults on staff has spiked in recent years—the result, she argues, of inadequate staffing levels.

In February Owley sent a letter to Milwaukee County Executive Scott Walker detailing some of the risks to workers: staff had received a broken nose, black eye and bites; an HIV patient attempted to bite staff and spit into their mouths and eyes; staff have been punched and kicked; one nurse had his shirt ripped off.

“In addition to these incidents, there is a clear increase in reportable exposures to infectious diseases as a result of bites, spits, etc., with the number increasing from 12 in 2007, to 22 in 2008, and 31 in 2009,” the letter states.

Owley’s letter also noted that nurses were “consumed” with keeping patients safe and preventing deaths and allergic reactions, the result of mistakes made by the current food service vendor.

Owley said that Walker didn’t respond to her concerns but told her he forwarded her letter to an attorney.

She said the hospital is operating with minimum staffing levels, and mandatory furloughs of some employees are stretching that staff even thinner. Members of her union gave up five vacation days this year to address budget cuts, while AFSCME-represented employees—including nursing assistants and social workers—must take eight furlough days in 2010.

“I do not know if alternatives can be found to the furloughs, but you need to know they are not likely to save any money at BHD and, quite the opposite, cost more in real dollars and in potential safety violations,” she wrote.

What’s more, in response to the safety investigations, some patients are now required to receive one-on-one monitoring, making staffing even more difficult without an increase in caregivers.

“It’s extremely irresponsible to furlough any of these workers,” Owley said.

She said the current focus on patient safety and care is an opportunity to take a “long look” at the right bed capacity and staffing, clinical support, treatment plans and oversight.

Changes in the Works

This is DRW’s preliminary report on the Acute Care Unit, and it promises to issue a more comprehensive report in the coming months.

The county is also working on its own audit on patient safety from 2009 to the present at the Mental Health Complex, said County Auditor Jerome Heer.

“If there are issues that indicate there might be a pattern we’ll go further back in time,” Heer said. “We may end up talking about things that are historical if they are relevant to any issues that we might raise. We may need to talk about staffing patterns or certain protocols that may have been in place or resources.”

State lawmakers—all Democrats—have called for a state audit as well, but that would need to be authorized by the Joint Legislative Committee on Audit. That request was labeled a “political stunt” by some Republicans, including New Berlin state Sen. Mary Lazich.

Milwaukee County Executive Scott Walker issued this response to the DRW report via his spokeswoman: “I share their concerns and take this review seriously, and while the county is in compliance with state and federal regulations for patient care, we must go even further to best address the needs of every single person seeking care in the Mental Health Complex.”

The report noted that some changes have been made to improve patient safety. Since January, all new patients admitted to the Acute Care Unit must be assessed for his or her risk for sexual behavior or any type of risk behavior.

Beckert also suggested providing some single-gender wards as an alternative to mixed-gender wards for those patients who prefer it.

DRW also recommended setting up a Community Advisory Council, improving state oversight and providing a confidential process for family and patients to report concerns.

Beckert said the county’s failure to do long-term, comprehensive, strategic planning for mental health care that involves the community—especially those who use mental health services and their families—has helped to create the crisis at the Mental Health Complex. She said that trying to save individual programs during the county’s annual budget process isn’t addressing the community’s broader mental health needs.

“The current system is really broken,” she said.

 

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