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DMR community staffing data raises question on ‘equal-or-better’ care for A.T.

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You may recall that we reported here that A.T. was transferred out of Fernald in February, apparently against her will, and moved to a newly constructed group home in Bedford.  The circumstances surrounding the transfer are currently being investigated by the U.S. Attorney's Office at the behest of U.S. District Court Judge Joseph Tauro.  The Patrick administration, which is seeking to close Fernald, has appealed a ruling last year by Tauro that Fernald remain open as an option to current residents unless it can be demonstrated that equal or better care is available elsewhere.

A.T. was one of six Fernald residents who were transferred from Fernald to the group home in February.  All six were represented legally by the same corporate guardian, the Arc of Greater Boston (GBARC), which approved the moves in cooperation with DMR. 

At the time of A.T.'s transfer, the GBARC CEO made the claim that the level of care at the Bedford home were higher than at Fernald.  We were skeptical of the claim, so we filed a Public Records Law request to DMR on March 7 for information about the Bedford group home staffing.

On May 22, more than two months later, we received two lists of names, positions, full-time-equivalent levels, and salaries of DMR staff both on site at the Bedford facility and “available” to the residents there.  We compared that data with the most recent staffing information that we have for Fernald from Fiscal Year 2006.  Among other things, the data show:

1. Total direct-care staffing (total FTEs listed for “mental retardation workers”) was 48 percent higher per client at Fernald in 2006 than at the Bedford group home today.  The ratios are based on a residential population of 8 at the Bedford group home and 181 at Fernald.

2. In addition to nursing staff, Fernald had 67 other clinical and professional staff on site in 2006, including clinical social workers, habilitation coordinators, occupational therapists, physical therapists, psychological assistants, respiratory therapists, speech language pathologists, and a respiratory technician.  There are doctors on site at Fernald as well.  The Bedford home has no clinical or professional staff listed on site other than nurses, and has no doctors on site.

3.  Total nursing staff per client at the Bedford home is 25 percent higher than at Fernald in 2006.  However, nearly all the Bedford nursing staff are LPNs.  In 2006, Fernald had nearly 2 1/2 times the number of RNs per client than the Bedford facility has on site.  RNs are more highly trained than LPNs.

4.  The Bedford site has an additional 15 LPNs and 1 RN listed as being “available” to the Bedford facility, but these staff are not located at the site and serve other DMR clients in the area.  In addition, DMR lists only 1 occupational therapist, 1 psychological assistant, and 1 audiologist as being “available” to the Bedford facility.  Apparently, if guardians want to provide physical and respiratory therapy, speech language therapy, habilitation counseling, and medical services to the Bedford clients, they must seek it outside of DMR.  All of those services are available at Fernald.

In another development, the Fernald plaintiffs have submitted a brief to the U.S. Court of Appeals, supporting Judge Tauro's ruling last year.  The brief makes a key point about Judge Tauro's decision that many people may not understand.  As the brief notes, Judge Tauro never ruled that Fernald must stay open indefinitely, only that it must stay open until DMR is able to place the current residents in equal or better settings and all mandated services are provided at the new locations.

We think the Bedford staffing figures provide evidence—in addition to significant evidence already collected—that equal or better care is not yet available in the community system. 

         Bedford group home vs. Fernald staffing data chart

                                  (Numbers are FTEs)

 

1. Direct Care MRWs (mental retardation workers):

At the Bedford site today:              At Fernald in 2006

0 MRW IVs                                   21 MRW IVs making $43,020

0 MRW IIIs                                   26 MRW IIIs making $37,977

4 MRW IIs making up to $28,852    119 MRW IIs making $34,523

10 MRW Is making up to $32,536   303 MRW Is making $31,588

14 total MRWs                               469 total MRWs

2. Nursing Staff

At the Bedford site today:        At Fernald in 2006:

0 RN VIs                                1 RN VI

0 RN Vs                                 1 RN V

0 RN IVs                                5 RN IVs

0 RN IIIs                               10 RN IIIs

1 RN II                                  41 RN IIs

0 RN Is                                  1 RN I

0 LPN IIs                                15 LPN IIs

4.5 LPN Is                               2 LPN 1s

0 Nursing assistants                 23 Nursing assistants

5.5 total nurses                            99 total nurses

 

3. Other clinical and professional staff

                        At the Bedford site today:        At Fernald in 2
006:

Clinical social wrkrs.            0                                   5.5

Education specialists            0                                   1

Habilitation coord.               0                                   7.98

Human services coord.         0                                  10

Music therapist                    0                                  2

Occ. therapist III                 0                                  1

Occ. therapist II                  0                                  3

Physican therapist asst.        0                                  1

Physical therapist II             0                                  1

Physical therapist III            0                                  1

Program coord. I                 0                                  4

Program coord. II                0                                  2

Psych. asst. II                     0                                  3

Psych. asst. III                    0                                  2

Recreat. svs. sp.                  0                                   2

Recreat. therapist I              0                                  3

Recreat. therapist II             0                                  1

Recreat. therapist III            0                                  5

Respiratory tech.                  0                                  1

Spec. svs. asst.                    0                                  2

Speech therapist asst.           0                                  1

Speech lang. path. III           0                                 0.88

Speech lang. path. I              0                                 1.1

Vocational inst. (A/B)             0                                  1

Vocational inst. (C)                0                                  5

0 total other clinical and prof. staff            67 total other clin/prof. staff

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