State should comply with federal law

Any time reports surface of state government failing to serve the needs of our most vulnerable citizens, we should all be alarmed. And that's clearly the case with allegations raised by Disability Rights Iowa about the care of mentally ill and intellectually disabled residents of Iowa nursing facilities.

The advocacy group has filed a complaint with the federal government, charging that the Branstad Administration and its Department of Human Services have failed to meet legal obligations for providing care and oversight to 550 Iowans in 430 facilities.

After a two-year investigation, Jane Hudson, executive director of DRI, says the group discovered the state has shifted its legal obligation to provide specialized care to these Iowans to the nursing facilities themselves. She also contends state officials have been 'fundamentally indifferent” to the need for effective oversight of these services, intended to improve the lives of disabled residents, reduce their dependence on antipsychotic drugs and transition into community settings.

Hudson said advocates were 'shocked” when state officials said they have no obligation to provide these services using federal Medicaid and Medicare funds. DRI contends federal law says otherwise, which is why the group asked the federal government to intervene.

Human Services officials contend the state has hired a contractor that‘s making progress screening residents to find out who needs specialized care and creating care plans.

'Gov. Branstad is committed to ensuring Iowans in nursing facilities receive the care they are entitled to and need. Gov. Branstad will ensure that DHS follows the law and works in the best interests of Iowans,” said Jimmy Centers, the governor's spokesman.

And yet, his administration is 'fundamentally indifferent.”

What this case appears to show is, once again, the Branstad administration's commitment is to allow nursing facilities to police themselves, without needed state oversight. That may be good for operators, but is not in the best interest of residents.

Laws dictating Iowans with mental illness receive specialized care in nursing facilities are there for good reasons. And the only way those laws work is if the state is willing to make sure facilities comply. Putting oversight into the hands of a contractor or the facilities isn't good enough.

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