Legislature(1999 - 2000)

03/11/1999 03:35 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
            SENATE STATE AFFAIRS COMMITTEE                                                                                      
                    March 11, 1999                                                                                              
                      3:35 p.m.                                                                                                 
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Senator Jerry Ward, Chairman                                                                                                    
Senator Lyda Green                                                                                                              
Senator Randy Phillips                                                                                                          
Senator Kim Elton                                                                                                               
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Senator Gary Wilken                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
PIONEER HOME REVIEW                                                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
Lisa Caress-Beu                                                                                                                 
2420 Chinook Ave.                                                                                                               
Anchorage, AK  99516                                                                                                            
POSITION STATEMENT:  Discussed her personal experiences with the                                                                
Anchorage Pioneers Home.                                                                                                        
                                                                                                                                
Kathy Emmons                                                                                                                    
16617 Davis St.                                                                                                                 
Eagle River, AK  99577                                                                                                          
POSITION STATEMENT: Discussed her personal experiences with the                                                                 
Anchorage Pioneers Home.                                                                                                        
                                                                                                                                
Marty Margeson                                                                                                                  
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Discussed her personal experiences with the                                                                
Anchorage Pioneers Home.                                                                                                        
                                                                                                                                
E. H. "Bud" Caress                                                                                                              
6808 Spruce Rd.                                                                                                                 
Anchorage, AK  99507                                                                                                            
POSITION STATEMENT:  Discussed his personal experiences with the                                                                
Anchorage Pioneers Home.                                                                                                        
                                                                                                                                
Francis Purdy                                                                                                                   
Office of the Ombudsman                                                                                                         
PO Box 102636                                                                                                                   
Anchorage, AK  99510                                                                                                            
POSITION STATEMENT: Answered questions regarding the Ombudsman's                                                                
investigation of the Anchorage Pioneers Home.                                                                                   
                                                                                                                                
Patricia Senner                                                                                                                 
4021 Woronzof Dr.                                                                                                               
Anchorage, AK  99517                                                                                                            
POSITION STATEMENT:  Commented on her interaction with the Pioneers                                                             
Home pharmacy and assisted living home regulations.                                                                             
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-5, SIDE A                                                                                                               
Number 001                                                                                                                      
                                                                                                                                
CHAIRMAN WARD called the Senate State Affairs Committee to order at                                                             
3:35 p.m.  Present were Senators Green, Phillips, Elton, and Ward,                                                              
Chair.  CHAIRMAN WARD announced today's review of Pioneer Homes was                                                             
scheduled at the request of Senator Green and others, and because                                                               
he, too, had concerns about how Alaskan elders are being treated in                                                             
Pioneer Homes.  CHAIRMAN WARD described concerns expressed by                                                                   
families of Pioneer Home residents as: harassment for bringing                                                                  
forth legitimate concerns; lack of access to medical records; and                                                               
distribution and administration of pharmaceutical products to                                                                   
residents.  He emphasized our elders are our greatest asset and                                                                 
should be honored.  He added the people of the State of Alaska own                                                              
state programs; if those programs are not working, the proper                                                                   
course of action is to notify the Legislature.                                                                                  
                                                                                                                                
SENATOR GREEN informed committee members she requested this hearing                                                             
because of her growing concern about residents of the Palmer                                                                    
Pioneer Home.  A third party brought some Pioneer Home residents to                                                             
her office to express their concerns.  Those residents prefer to                                                                
remain anonymous out of fear of retaliation.  She then met and                                                                  
spoke with employees of the Pioneer Home who were very concerned                                                                
about the implementation of new procedures.  She also heard from                                                                
family members of residents, as well as physicians, who expressed                                                               
concerns about the pharmacy and prescriptions.  After hearing                                                                   
similar concerns from many groups, she requested a hearing to                                                                   
unlayer the problems that are occurring.                                                                                        
                                                                                                                                
SENATOR PHILLIPS and SENATOR ELTON both notified committee members                                                              
they had to leave at 4:00 to attend other meetings.                                                                             
                                                                                                                                
Number 112                                                                                                                      
                                                                                                                                
CHAIRMAN WARD took teleconference testimony from Anchorage.                                                                     
                                                                                                                                
LISA CARESS BEU read the following written testimony into the                                                                   
record.                                                                                                                         
     For the Record, Mr. Chairman, I am Lisa Caress-Beu.  My                                                                    
     mother has been a resident of the Anchorage Pioneer Home                                                                   
     since 1994.                                                                                                                
                                                                                                                                
     I would like to thank you, Senator Ward, for calling for                                                                   
     this hearing.  I have provided your office with documents                                                                  
     from the record files of the Anchorage Pioneer Home that                                                                   
     show that my mother has suffered 52 falls in the last 2                                                                    
     years.  I have documents showing a dozen medication                                                                        
     errors that occurred in my mother's care in the last                                                                       
     year. Fortunately none of these medication errors have                                                                     
     resulted in permanent damage to my mother, as far as we                                                                    
     know.  I was never notified when these errors occurred                                                                     
     and neither was her physician.  Since, I have repeatedly                                                                   
     voiced concerns about both CNAs administering medications                                                                  
     and staffing shortages.  I'd like to read the information                                                                  
     from one of these documents - This report references a                                                                     
     day that my mother did not receive her 2 o'clock heart                                                                     
     medication.                                                                                                                
                                                                                                                                
          'The report asks - "What contributed most to this                                                                     
          situation?  The response reads: Neither days' or                                                                      
          evenings' shifts gave med - maybe because hall was                                                                    
          short-staffed - there was staff on duty at this                                                                       
          time.  Communication failure among those working                                                                      
          day shift."'                                                                                                          
                                                                                                                                
     I have 4 medication error reports for 1998 that show that                                                                  
     my mother did not receive her afternoon heart medication                                                                   
     until the night shift came on and caught the error.  I                                                                     
     have reports from three different days that show that she                                                                  
     did not receive any of her morning medications at all.                                                                     
     I have one that shows that she did not receive an anti-                                                                    
seizure medication at all for 4 continuous days.  I have another                                                                
that shows that she was double-dosed on her heart medication.  All                                                              
these errors were the result of CNAs administering my mother's                                                                  
medications.  All of the errors were caught by a licensed or                                                                    
registered nurse.  I have asked that my mother's medications only                                                               
be administered by a licensed or registered nurse and have been                                                                 
given reassurances that the CNAs have been properly trained in this                                                             
task.  I now know that my concerns are well justified.                                                                          
                                                                                                                                
     Deputy Director Alison Elgee references the medication                                                                     
     administration concerns of families in her March 8, 1999                                                                   
     letter to the Long Term Task Force Chairs about the                                                                        
     Public Forum held at the Pioneer Home in January.  She                                                                     
     says the family concerns are about whether the pharmacy                                                                    
     is filling expired prescriptions or whether physicians                                                                     
     are prescribing new medications without discontinuing                                                                      
     present medication.  I assure you that is not the cause                                                                    
     for my concern.  Perhaps Ms. Elgee needs to do more                                                                        
     research with families to find out the real causes for                                                                     
     their anxiety.  I have provided Commissioner Poe the                                                                       
     documents that outline these medication errors and falls.                                                                  
     He certainly has my permission to make them available to                                                                   
     her.                                                                                                                       
                                                                                                                                
     The Pioneer Homes say they are no longer a medical model                                                                   
     - they are focusing on the psychosocial aspect of care -                                                                   
     If the medical needs of these residents are not profound,                                                                  
     why do they require an in-house pharmacy?  These people                                                                    
     are frail and many are ill and it is time that the                                                                         
     Pioneer Homes systems wake up to that reality.  Provide                                                                    
     them with beautiful surroundings if you can afford - but                                                                   
     not at the expense of their very real medical needs.                                                                       
                                                                                                                                
     Currently the Dept. of Administration is requesting funds                                                                  
     to add at least 60 CNA positions statewide to the                                                                          
     Pioneers Homes.  I strongly recommend that some of these                                                                   
     funds be dedicated to hire more registered nurses rather                                                                   
     than exclusively CNAs.  As the documents that I have                                                                       
     provided to Senator Ward show, CNAs cannot consistently                                                                    
     administer medication safely.  These employees should not                                                                  
     be put in the position to do things that they are not                                                                      
     properly trained for and residents should not be put at                                                                    
     risk because the Pioneers Homes do not allocate funds                                                                      
     properly to ensure the residents' needs are being met                                                                      
     competently.  It is unfair to residents to make promises                                                                   
     of appropriate care and then not provide it.                                                                               
                                                                                                                                
     I have provided you, Senator Ward, with documents that                                                                     
     make reference to the fact that my mother used the call                                                                    
     cord, received no response and attempted to move by                                                                        
     herself and experienced a fall.  She was then reminded                                                                     
     that she should WAIT until the staff got there to help                                                                     
     her.  The document reports:                                                                                                
                                                                                                                                
          Resident stated she wanted to get out of bed and                                                                      
          was tired of waiting for staff to assist her.  No                                                                     
          one came, she said.  The nurse explained that the                                                                     
          shift was short-staffed and she should wait for                                                                       
          help.  Resident has been weak and unsteady lately.                                                                    
                                                                                                                                
     How long can a resident wait when they have incontinence                                                                   
     problems?  How long have residents having chest pains                                                                      
     waited for help to come?  How many residents have died                                                                     
     because "help" did not arrive on time?  After a CNA                                                                        
     responds to a call cord in an emergency, how long does it                                                                  
     take to locate one RN on duty at night in a home for 228                                                                   
     residents?                                                                                                                 
                                                                                                                                
     This cannot be allowed to continue.  Any problems will                                                                     
     give [indisc.] here today.  One solution towards                                                                           
     resolving these problems would be addressing SB 20 that                                                                    
     asks that the license of the Pioneer Home be transferred                                                                   
     to the Department of Health and Social Services.  I would                                                                  
     also ask that the Department of Administration no longer                                                                   
     be allowed to run the Homes or nursing units for those                                                                     
     residents that need it.  Thank you.                                                                                        
                                                                                                                                
CHAIRMAN WARD asked Ms. Caress-Beu to review her initial                                                                        
conversation with him.  He asked her to elaborate on her statement                                                              
that her mother was elderly and would sometimes "soil" herself and                                                              
that the Pioneer Home policy only provided her one bath per week.                                                               
                                                                                                                                
MS. CARESS-BEU said she called for a "care conference" on February                                                              
5 and asked at that conference that her mother receive more than                                                                
one bath per week because she had become incontinent.  She was told                                                             
that was against Pioneer Home policy.  The Pioneer Home staff                                                                   
thought the hygiene methods they employed were adequate.  She then                                                              
told them she disagreed, and that her mother had an odor problem                                                                
that needed to be alleviated.  The outcome of the conference was                                                                
that she would be allowed to come midweek and give her mother an                                                                
additional bath.                                                                                                                
                                                                                                                                
CHAIRMAN WARD asked if she was told the Pioneer Home rules allow                                                                
only one bath per week.  MS. CARESS-BEU said yes, but a Pioneer                                                                 
Home employee was concerned and told her that had never been a                                                                  
previous policy.                                                                                                                
                                                                                                                                
CHAIRMAN WARD asked Ms. Caress-Beu to recount the process she had                                                               
to go through to get her mother's medical error reports.  MS.                                                                   
CARESS-BEU  explained she first requested the medical error reports                                                             
in a  telephone conversation with a nurse.  She then e-mailed Mr.                                                               
John Vowell asking him for the reports, but her request was                                                                     
refused.  She was refused again after writing a formal request.                                                                 
Finally, the Department of Law became involved, and because she is                                                              
her mother's legal guardian with power of attorney, she was                                                                     
provided with copies of the reports.                                                                                            
                                                                                                                                
SENATOR GREEN referred to a letter Ms. Caress-Beu received from an                                                              
Anchorage attorney asking her about her association with a certain                                                              
organization, and asked how that letter impacted her.  MS. CARESS-                                                              
BEU stated she received a letter from Wayne Anthony Ross that was                                                               
intimidating because it implied legal action against her.  It asked                                                             
her 21 to 22 very detailed questions.                                                                                           
                                                                                                                                
CHAIRMAN WARD asked when she requested the medical error reports.                                                               
MS. CARESS-BEU answered she first requested the unusual occurrence                                                              
reports, which she believed was in late January or early February.                                                              
                                                                                                                                
CHAIRMAN WARD asked Ms. Caress-Beu if she was familiar with the                                                                 
March 5, 1999 letter of instructions for the medical error reports                                                              
from Leslie Brundage to Donna Burrall (ph) concerning this subject.                                                             
MS. CARESS-BEU was not.  CHAIRMAN WARD read the following section                                                               
of the letter.                                                                                                                  
     Lately team members have expressed increasing concern                                                                      
     about your lack of assistance.  You have written up                                                                        
     medication errors while there was still time to fix the                                                                    
     problem, seeming to be more in a "gotcha mode" than a                                                                      
     supportive and helpful mode.  This shows a tremendous                                                                      
     lack of trust with your co-workers, particularly when                                                                      
     routine medication errors could be corrected and are not.                                                                  
                                                                                                                                
MS. CARESS-BEU said she was familiar with that letter and thought                                                               
it was outrageous.  She stated, "I think it addresses a registered                                                              
nurse doing what a registered nurse should do and she's being                                                                   
reprimanded for that very thing.  And I don't understand how the                                                                
Pioneer Home can properly track medication errors if they aren't                                                                
recorded.  How can they find out which employees need more                                                                      
training?"                                                                                                                      
                                                                                                                                
CHAIRMAN WARD recalled a time, 45 years ago, when Ms. Caress-Beu's                                                              
mother took care of him after he was injured.  He apologized for                                                                
her mother's treatment.                                                                                                         
                                                                                                                                
Number 292                                                                                                                      
                                                                                                                                
KATHY EMMONS, a registered nurse from Eagle River, stated she was                                                               
employed at the Pioneer Home from 1990 to 1996.  She read her                                                                   
letter of resignation into the record:                                                                                          
                                                                                                                                
     As you know I do not approve of the Assisted Living                                                                        
     changes.  I do not want to be held legally responsible                                                                     
     for CNA medication administration, nor do I want to be                                                                     
     the only RN in the building for 240 residents.  My                                                                         
     concern is for the welfare of residents.  I have accepted                                                                  
     a position at Providence Medical Center, so it is with                                                                     
     deep regret that I am submitting my resignation to you.                                                                    
     It will be effective April 6, 1996, at 2300 hours.                                                                         
                                                                                                                                
MS. EMMONS then read the following testimony into the record.                                                                   
                                                                                                                                
     I am a registered nurse in the State of Alaska.  I also                                                                    
     am certified through the American credential center in                                                                     
     Gerontology.  I have worked at the Anchorage Pioneer's                                                                     
     Home for 6 years from 1989 to 1996.  Contrary to popular                                                                   
     belief, I was not, nor have I ever been, a disgruntled                                                                     
     employee.  As far as I know, I have always had excellent                                                                   
     evaluations.  I resigned because I did not agree with the                                                                  
     direction the home was going in and I would not                                                                            
     participate in a program where certified nurses aides                                                                      
     were giving medications.  I did not believe it would be                                                                    
     a safe environment for residents of Pioneer Homes.                                                                         
                                                                                                                                
     Registered nurses work within a scope of practice.  Our                                                                    
     first and foremost duty is to be an advocate and protect                                                                   
     the people in our care, no matter what the setting.  Be                                                                    
     it skilled nursing facilities, assisted living homes,                                                                      
     clinics, hospitals, doctors' offices, schools, or                                                                          
     anywhere there is a person requiring our skills, the                                                                       
     scope of practice is followed.                                                                                             
                                                                                                                                
     Licensed practical nurses also have a scope of practice                                                                    
     they must adhere to.  It is recognized when the licensed                                                                   
     practical nurse works in a team relationship with the                                                                      
     registered nurse, the licensed practical nurse                                                                             
     contributes significantly to each aspect of a process.                                                                     
     However, the final responsibility for the process and its                                                                  
     application remains with the registered nurse.                                                                             
                                                                                                                                
     Certified nursing assistants are unlicensed assistive                                                                      
     personnel (UAP).  These are individuals who are not                                                                        
     authorized to perform nursing acts or tasks that are                                                                       
     regulated by the Board of Nursing except pursuant to                                                                       
     legal delegation by a nurse.  The registered nurse is                                                                      
     responsible for the management and provision of all care                                                                   
     that a resident receives under the RN's supervision or                                                                     
     direction.  The scope of nursing practice permits an RN                                                                    
     to assign tasks to UAPs.  "UAP" refers to health care                                                                      
     workers who are NOT licensed to perform nursing tasks                                                                      
     though they may be certified or trained.                                                                                   
                                                                                                                                
     Certified Nursing Assistants are continually placed in                                                                     
     precarious positions by the administration of the                                                                          
     Anchorage Pioneers Home.  They are forced to administer                                                                    
     medications with only 8 hours of training.  Many                                                                           
     certified nurse aides do not want this responsibility.                                                                     
                                                                                                                                
     Certified nursing assistants are illegally giving                                                                          
     medications at the Anchorage Pioneer Home.  Registered                                                                     
     nurses at the home are not delegating this duty, the                                                                       
     administration is.  Three licensed practical nurses have                                                                   
     just been promoted with raises to assisted living                                                                          
     coordinator position.  These positions were pervasively                                                                    
     held by registered nurses.  Licensed practical nurses                                                                      
     have been placed in positions of authority over                                                                            
     registered nurses.  A license dictates authority, not a                                                                    
     position or a promotion.                                                                                                   
                                                                                                                                
     Registered nurses have been subject to harassment and                                                                      
     degradation when they have spoken out on issues related                                                                    
     to the safety of persons trusted in their care.  When                                                                      
     medication error reports are made out by registered                                                                        
     nurses, they are counseled by the administration.  The                                                                     
     Pioneer Home administration does not have the right to                                                                     
     dictate to a registered nurse not to follow the                                                                            
     guidelines of the Board of Nursing.                                                                                        
                                                                                                                                
     Registered nurses were given letters of instruction by                                                                     
     Leslie Brundage and they were also presented with two                                                                      
     licensed practical nurses who were at the meeting also.                                                                    
     Registered nurses were told they make too many medication                                                                  
     errors.  It is beyond my comprehension why registered                                                                      
     nurses are continually treated with disrespect and                                                                         
     pressured not to follow their scope of practice.                                                                           
                                                                                                                                
Number 375                                                                                                                      
                                                                                                                                
SENATOR ELTON asked Ms. Emmons if she has taken any of her concerns                                                             
to the Board of Nursing, and if so, whether the Board addressed any                                                             
of those concerns.  MS. EMMONS said she did when members of the                                                                 
Board met in Anchorage.  She believes the Board is working on the                                                               
problem through its process.                                                                                                    
                                                                                                                                
SENATOR GREEN asked if a registered nurse can choose to allow a CNA                                                             
to administer medications.  MS. EMMONS replied a registered nurse                                                               
may delegate that task if the CNA is competent to do so.                                                                        
                                                                                                                                
SENATOR GREEN asked whose license would be in jeopardy if a CNA                                                                 
administered the wrong medication.  MS. EMMONS stated the                                                                       
responsibility ultimately belongs to the registered nurse.                                                                      
                                                                                                                                
SENATOR GREEN asked if all Pioneer Homes require CNAs to administer                                                             
medications, or if some Pioneer Homes allow only registered nurses                                                              
to administer medications.  MS. EMMONS answered to the best of her                                                              
knowledge, all of the Pioneer Homes require CNAs to administer                                                                  
medications.                                                                                                                    
                                                                                                                                
SENATOR GREEN asked Ms. Emmons to comment on the Pioneers Homes'                                                                
policies on the use of restraints, exercise, and activity therapy                                                               
for residents.  MS. EMMONS read the following letter she wrote                                                                  
about that topic.                                                                                                               
                                   January 11, 1999                                                                             
                                                                                                                                
     Wilma died Saturday night.  She and my mother-in-law,                                                                      
     Margaret, had known each other for over 50 years.  They                                                                    
     met when they both had civil service jobs at Elmendorf                                                                     
     sometime in the 40's.  I first met Wilma in 1975.  She                                                                     
     lived in a small house by the airport.  To say that Wilma                                                                  
     never threw anything away would be an understatement.  I                                                                   
     looked around her house and knew that somewhere in one of                                                                  
     the many stacks of newspapers was probably the first one                                                                   
     ever delivered to her doorstep.  She was going to read                                                                     
     them all when she got the chance.  What a good-hearted                                                                     
     person she always was.  When you met her you knew she was                                                                  
     a true Alaskan and the first one to come to anyone's aid.                                                                  
                                                                                                                                
     Wilma never had any reason to fear anyone until she was                                                                    
     70 years old and she tried to help someone who wanted to                                                                   
     hurt her.  She was brutally attacked and had to be                                                                         
     hospitalized.  A lot of things changed for Wilma that                                                                      
     night.  She lost trust.  The police officer who worked                                                                     
     the case was so disgusted he quit the force after the man                                                                  
     was sent to prison.  Wilma moved into the Anchorage                                                                        
     Pioneers Home in 1997.  It was to be a safe haven where                                                                    
     she could live out the remainder of her life secure.                                                                       
                                                                                                                                
     In April, my mother-in-law moved to Chugiak.  I went to                                                                    
     get Wilma from the Pioneer Home to surprise Margaret.  I                                                                   
     was the one who got the surprise.  I was told Wilma now                                                                    
     had a public guardian and I had to have her permission to                                                                  
     take her out of the home.  I called the public guardian                                                                    
     and she said I could not take Wilma out of the home.                                                                       
     Wilma had paid companions to take her where ever she                                                                       
     wanted to go.  I felt like Wilma had become state                                                                          
     property, so I started taking my mother-in-law to                                                                          
     Anchorage to see her friend of 50 years.                                                                                   
                                                                                                                                
     On the first visit, Wilma was up walking around.  The two                                                                  
     of them held hands and strolled around.  The second time                                                                   
     I took her to see Wilma, she was tied to a chair and a                                                                     
     man was walking around in her room.  I escorted the man                                                                    
     out of the room.  I left the two old friends alone to                                                                      
     talk about whatever an 80 year old and 83 year old talk                                                                    
     about when one is almost blind and both have their own                                                                     
     varying degree of dementia.                                                                                                
                                                                                                                                
     When I returned Margaret said, "Kathy you know I can't                                                                     
     see.  Wilma was uncomfortable so I put pillows all around                                                                  
     her.  Will you see if I did it right?"  I viewed the                                                                       
     loving care one old friend had given the other.  Wilma                                                                     
     was surrounded with small plastic diapers.  Margaret                                                                       
     thought they were pillows.  "Did I do it right?," she                                                                      
     asked apprehensively.  Both of them were looking at me                                                                     
     for a reply.  "Yes Margaret, you did a wonderful job."                                                                     
-                                                                                                                               
     I went to see Wilma on Thanksgiving Day.  Behind the                                                                       
     closed doors of Gardenview she sat tied to a reclining                                                                     
     chair in her room.  She had a wanderguard attached to her                                                                  
     ankle, a small device designed to sound an alarm should                                                                    
     she get near an exit.  For a brief moment it flashed                                                                       
     through my mind, "Are prisoners under house arrest                                                                         
     treated in this manner?"  NO!  I think not.                                                                                
                                                                                                                                
     Christmas Day's visit found Wilma still tied to the                                                                        
     recliner in her room.  New Year's Day - still tied to the                                                                  
     recliner but sitting staring at me like a zombie.  This                                                                    
     frail little old lady was also given tranquilizers.                                                                        
                                                                                                                                
     The holidays were causing a staff shortage even greater                                                                    
     than normal.  Wilma had been found in her room tied to                                                                     
     her recliner with a man lying on top of her.  The man was                                                                  
     a patient transferred from Harborview.  No one knew how                                                                    
     many hours he had been there because the door was closed.                                                                  
                                                                                                                                
     There would only be one more episode.  The same man I had                                                                  
     escorted out of her room again was found sitting in her                                                                    
     room with the door closed.  I know in my heart she had to                                                                  
     have felt terror.                                                                                                          
                                                                                                                                
     I am asking for this 21st legislative session to pass a                                                                    
     "Wilma's Law."  Legislation that protects all of our                                                                       
     senior citizens in assisted living homes from physical                                                                     
     and chemical restraints.  Legislation that does not allow                                                                  
     frail elderly persons to be victimized.  Intact licensing                                                                  
     regulations that are equal to skilled nursing home                                                                         
     licensing.                                                                                                                 
                                                                                                                                
     It will only be then that Wilma will truly be free from                                                                    
     the ties that bound her.                                                                                                   
                                                                                                                                
CHAIRMAN WARD asked Ms. Emmons if she was saying state employees                                                                
tie people down to make their job easier.  MS. EMMONS replied they                                                              
also give them tranquilizers to make their jobs easier.                                                                         
                                                                                                                                
CHAIRMAN WARD asked if Ms. Emmons brought this to anyone's                                                                      
attention when it happened.  MS. EMMONS replied the nurses who work                                                             
at the Pioneers Home bring these things to the attention of the                                                                 
administration but she did not know what action, if any, was taken.                                                             
                                                                                                                                
Number 375                                                                                                                      
                                                                                                                                
SENATOR ELTON asked whether the nurses or administration offered                                                                
any explanation of why the restraints were used.  MS. EMMONS stated                                                             
she was told they had a physician's order, however physicians'                                                                  
orders for restraint are only used if a patient is in imminent                                                                  
danger, and patients are only to be restrained for a brief period                                                               
of time.  She added nursing homes are "restraint-free,"  yet                                                                    
assisted living homes have no regulations regarding restraints.                                                                 
                                                                                                                                
MS. EMMONS concluded by saying she hopes her testimony emphasized                                                               
how dangerous it is for elderly people to be in this situation.                                                                 
                                                                                                                                
Number 482                                                                                                                      
                                                                                                                                
MARTY MARGESON gave the following testimony via teleconference from                                                             
Anchorage.  Her father is a resident of the Anchorage Pioneer Home.                                                             
He suffers from Alzheimer's Disease and, because he can no longer                                                               
speak coherently, she is his health care advocate.  He is a private                                                             
pay patient who pays over $2800 per month for a semi-private room.                                                              
He shares a bath with women in the adjoining room.  With numerous                                                               
falls and assaults this past year, he has back and knee pain, and                                                               
because the doctors ordered a weekly jacuzzi to ease his pains, he                                                              
must now forfeit his weekly bath.  Unlike other assisted living and                                                             
nursing homes, the Pioneer Home will not administer the MD-                                                                     
prescribed nutritional supplements recommended for corrective care                                                              
and preventative holistic medicine, so he pays an additional $300                                                               
per month for someone to give him supplements.  Prior to admission,                                                             
the staff nurse approved the administration of these supplements                                                                
but a new pharmacist was hired who has criticized nutritional                                                                   
supplements.  Families must now pay extra to have them                                                                          
administered.  No other Anchorage assisted living home refuses to                                                               
administer nutritional supplements ordered by an MD.                                                                            
                                                                                                                                
MS. MARGESON continued.                                                                                                         
     My dad's physical and mental handicaps make him totally                                                                    
     dependent on the Pioneer Home for safety.  On August 29                                                                    
     another resident entered my dad's room, pummeling his                                                                      
     face, so I had to take my dad to ER for X-rays for his                                                                     
     eye sockets, nose and chin, and stitches above his eye.                                                                    
                                                                                                                                
     The administration suggested my father must have done                                                                      
     something to cause the assault.  He was sitting alone on his                                                               
     bed watching TV and the police found no evidence that he had                                                               
     been able to defend himself from the attack.  Less than a week                                                             
     later, the same individual again attacked my dad and injured                                                               
     his hand.  The same individual attacked at least two other                                                                 
     women, injuring a wheel-chair bound lady before beating                                                                    
     another lady's face and breaking her fingers as she lay in                                                                 
     bed.                                                                                                                       
                                                                                                                                
     These attacks on vulnerable adults in the Alzheimers-Dementia                                                              
     Unit are examples of insufficient staffing and an insufficient                                                             
     plan to protect the safety of all residents.  My dad has been                                                              
     assaulted six times and had six falls this year.  There were                                                               
     no staff witnesses in seven of the 12 incidents, again,                                                                    
     indicative of a staff shortage.  Although the Pioneer Home                                                                 
     advertises 24 hour RN coverage, there was no RN available to                                                               
     medically assess my dad's injuries in seven of the 12                                                                      
     incidents.  In fact, when I requested an [indisc.] injury, I                                                               
     had to wait until after midnight for staff to locate an RN to                                                              
     come in for work.  There may have been more assaults.  I was                                                               
     only called by the staff half of the time.  I discovered most                                                              
     of the assaults.  The Pioneer Home is not required to notify                                                               
     families of falls, assaults, medication errors, or [indisc.]                                                               
     incidents.                                                                                                                 
                                                                                                                                
     The emotional damage my father had suffered from this violence                                                             
     has left him emotionally battered and wanting privacy.  His                                                                
     physicians recommend a private room.  Most of the Pioneer Home                                                             
     residents have private rooms, however the AD/RD Unit has few                                                               
     private rooms.  My dad has been passed over for at least five                                                              
     private rooms.  They say he is not critical enough.  I believe                                                             
     this is because I openly advocate for his care and safety.                                                                 
                                                                                                                                
     The Pioneer Home needs to recognize and compensate its victims                                                             
     of assault, abuse and neglect by creating therapeutic                                                                      
     activities in a therapeutic environment so these residents can                                                             
     heal.  With a population of over 80 mentally and physically                                                                
     handicapped residents, the Anchorage home needs to hire a                                                                  
     geriatric certified activities specialist to design day care                                                               
     and weekend activities, comparable to our adult day care.                                                                  
     Currently AD/RD residents sit in a circle of boredom, despair                                                              
     and loneliness.                                                                                                            
                                                                                                                                
     Last week, the same female resident who previously assaulted                                                               
     my dad on three previous occasions, and who is involved in                                                                 
     five previous assaults I witnessed, pushed an 87 year old                                                                  
     women who broke her hip.  She may never walk again.  I worry                                                               
     for my dad and others.  No extra staff has been assigned to                                                                
     watch this assaultive woman.  Staff attempts to control her                                                                
     [indisc.] have obviously failed.  There are frequent staff                                                                 
     shortages because of a multitude of staff meetings.  My                                                                    
     attempts to talk with the director have been ignored.  The                                                                 
     assisted living coordinator has no answers.  This woman has                                                                
     caused more injury than my dad's first assailant, who was sent                                                             
     to API.  This resident needs to be removed immediately.  I                                                                 
     believe she is a former Harborview resident.  The Pioneer Home                                                             
     cannot accommodate psychiatric residents.                                                                                  
                                                                                                                                
     Thankfully, the Attorney General ruled that I can have my                                                                  
     dad's med-error reports.  My personal log shows over 75 med                                                                
     errors in eight months.  The Pioneer Home med-error report                                                                 
     shows only 11 errors in 11 months.  I believe CNAs are not                                                                 
     filling out the med-error reports in the AD/RD Unit.  The                                                                  
     physician cannot provide good care if medications are not                                                                  
     given.  I find pills on the floor.  I worry when I see aides                                                               
     giving shots.  I worry when my six-year old finds a hypodermic                                                             
     needle on the floor.                                                                                                       
                                                                                                                                
     The Pioneer Home has such a longstanding excellent reputation                                                              
     that most families trust the care of their loved ones without                                                              
     question.  Dropping the nursing license and concentrating on                                                               
     admitting high-needs without increasing staff was a mistake.                                                               
     My dad needs the same level of care as a low-level nursing                                                                 
     home.  Bring back the nursing license and our RNs.  The                                                                    
     Anchorage Home needs at least the staffing ratio for the                                                                   
     mentally-physically handicapped as the Juneau Home. Often                                                                  
     there is one RN for two hundred residents.  We need more RNs.                                                              
     The Juneau Home has a one RN for 47 residents staff ratio.  We                                                             
     need more CNAs.  Juneau has a one to six staff resident ratio;                                                             
     Anchorage has a one to 11.  The AD/RD residents need skilled                                                               
     staff.  They can't talk to describe pain.  The RN has to read                                                              
     body language.                                                                                                             
                                                                                                                                
     It is clear from the news coverage, the assaults and falls at                                                              
     the Anchorage Pioneer Home, it is not staffed or managed as                                                                
     well as the smaller homes.  Alzheimer's is a dreadful disease.                                                             
     It takes away our memory, our ability to dress and feed                                                                    
     ourselves, walk and control body functions.  These, our most                                                               
     vulnerable seniors, need 24 hour line-sight protection that we                                                             
     give our children in day care.  No assault is acceptable.                                                                  
     Assaults should be minimal.  Medication errors must cease.                                                                 
     Threatening families who seek decent care and safety with                                                                  
     Wayne Ross letters is unacceptable.  Writing letters telling                                                               
     residents they can move out [indisc.] is unacceptable.  In my                                                              
     dad's case this is a threat because with his advanced                                                                      
     Alzheimer's and battered personality, we have no place to                                                                  
     move.  Both Mr. Poe and Mr. Bot (ph) [indisc.] I move my                                                                   
     father out.  We know how to treat our seniors better - let's                                                               
     do it now.                                                                                                                 
                                                                                                                                
     I offer the following 12 suggestions.                                                                                      
     1. Restore the nursing home license to AD/RD and  Comprehens                                                               
ive. Bring a doctor back on staff and abolish the residency                                                                     
requiremen                                                                                                                      
t so we can fund these changes and qualify for federal funds and                                                                
Medicaid.                                                                                                                       
                                                                                                                                
     2.  Stop promoting administrators and instead hire direct                                                                  
     patient care RNs and more CNAs.  Install time clocks.  The                                                                 
     self-directed team approach is not working and residents are                                                               
     being left alone.                                                                                                          
                                                                                                                                
     3.  Promptly investigate and report to families all assaults,                                                              
     medication errors, abuse, and abandonment of duty.  We need                                                                
     safe staffing.  Sick staff must be replaced immediately.                                                                   
     Weekends and holidays are dangerously understaffed.  Today at                                                              
     lunch were only 3 CNAs to feed and assist over 20 AD/RD                                                                    
     residents.                                                                                                                 
                                                                                                                                
     4.  Postpone "Edenizing."  This is a luxury program for the                                                                
     cognitive resident who is already happy.  Moving in dogs,                                                                  
     cats, bunnies and birds brings [indisc.], pet food, allergies                                                              
     and potential injury.                                                                                                      
                                                                                                                                
     5.  Support HB 16, SB 20.                                                                                                  
                                                                                                                                
     6.  Start supporting the Ombudsman, Fran Purdy.  Her office is                                                             
     understaffed.  She is the only one who had the courage to                                                                  
     promptly intervene, without her intervention my dad's assault                                                              
     could have been an untimely wrongful death.                                                                                
                                                                                                                                
     7.  Close the pharmacy which is a source of danger and                                                                     
     antagonism to families and residents, and is, according to Mr.                                                             
     [ndisc.], "run on a break-even basis.  There are no profits."                                                              
                                                                                                                                
     8.  Stop using the capital budget for plump, plush leather                                                                 
     furniture, expensive oak tables and chairs, and carpeting,                                                                 
     which causes pain to handicapped individuals like my father                                                                
     who has worn a hole in his shoe in just a few months and                                                                   
     endured a constant pain from shuffling on carpet at a                                                                      
     heightened risk of falling on carpet nap.  Remove the carpet                                                               
     to provide safe walking areas for residents.  Use the capital                                                              
     budget for safety.  Repair the numerous code violations.                                                                   
     Paint for dementia so residents can find their rooms and                                                                   
     bathrooms.  Create an institution with painted floors with                                                                 
     bathroom symbols, arrows directing mentally challenged and                                                                 
     create individualized room colors so residents can find their                                                              
     own rooms.  A safe, understandable, affordable environment                                                                 
     reduces aggression.  Return the big screen TV to AD/RD.                                                                    
     Crowding 20 residents who, according to Mr. Collins, bite and                                                              
     pop each other, around a 20 inch TV, is setting the stage for                                                              
     aggression.  Provide safe night lighting.  Two of my dad's                                                                 
     roommates have fallen and broken their hips at night.                                                                      
                                                                                                                                
     9.  Hire male staff.  One-third of the Anchorage AD/RD                                                                     
     residents are men, many of whom are old fashioned, modest                                                                  
     folks, agitated by the female caregivers.  Provide male                                                                    
     activities.  The Pioneer Home provides few male activities,                                                                
     but does cater a Super Bowl Party and Monday Night Football,                                                               
     but AD/RD residents are excluded because there is no staff to                                                              
     accompany them.                                                                                                            
                                                                                                                                
     10.  Make AD/RD safe so other Pioneer Home residents and                                                                   
     volunteers will visit and help.                                                                                            
                                                                                                                                
     11.  Physical therapy is overcrowded and understaffed.                                                                     
     Bathing is minimal because there's not enough staff to provide                                                             
     more than one bath per week.  Hire staff.                                                                                  
                                                                                                                                
     12.   Hire a geriatric certified activities specialist to                                                                  
     design and maintain a day care activity program for AD/RD                                                                  
     residents.  The Pioneer Home is a great place for cognitive                                                                
     residents.  We have misrepresented and shortchanged our                                                                    
     mentally challenged and physically handicapped residents.  Now                                                             
     is the time to change that.  Thank you Senator Ward for this                                                               
     opportunity.                                                                                                               
                                                                                                                                
TAPE 99-5                                                                                                                       
SIDE B                                                                                                                          
                                                                                                                                
CHAIRMAN WARD asked if Ms. Margeson believes her father has been                                                                
retaliated against because of the suggestions she gave to the                                                                   
committee.  MS. MARGESON said that is absolutely true.  A senior                                                                
citizen who has been assaulted six times and has fallen six times                                                               
is in a critical situation that merits a private room.  The                                                                     
previous resident who received a private room was only assaulted                                                                
once, and the other resident who just received a private room got                                                               
one because she is a smoker.                                                                                                    
                                                                                                                                
Number 562                                                                                                                      
                                                                                                                                
SENATOR ELTON asked Ms. Margeson whether she believes 60 new staff,                                                             
budgeted for in the supplemental budget, will alleviate the                                                                     
problems for Pioneer Home residents.  MS. MARGESON said if the                                                                  
ratios of staff to patients in the Pioneers' Homes are equalized,                                                               
60 will help.                                                                                                                   
                                                                                                                                
SENATOR ELTON stated that applying the goal of the national                                                                     
standard of 3.2 hours of personal care every 24 hours would help to                                                             
equalize the ratio.  MS. MARGESON said we forget that the Anchorage                                                             
Pioneer Home is taking in the Alzheimer/Dementia residents who                                                                  
cannot be safely accommodated in a "mom and pop" home.  Those                                                                   
residents would be in nursing homes in other states but they are                                                                
not accepted into Alaska nursing homes unless they have medical                                                                 
needs.                                                                                                                          
                                                                                                                                
CHAIRMAN WARD pointed out the committee will be looking at the                                                                  
entire allocation process for all of the Pioneer Homes as well as                                                               
whether additional appropriations can be made, and the mission of                                                               
the Pioneer Homes.                                                                                                              
                                                                                                                                
Number 534                                                                                                                      
                                                                                                                                
W.H. "BUD" CARESS testified via teleconference from Anchorage and                                                               
addressed three points:  the Eden Alternative Plan used at the                                                                  
Anchorage Pioneers Home; Leslie Brundage's performance appraisal to                                                             
an RN; and his work with a national news program.                                                                               
                                                                                                                                
MR. CARESS stated the Eden Alternative Plan was sold to the State                                                               
of Alaska to be implemented in the Pioneers Homes as a means to                                                                 
assist and contain costs for care of Pioneer Homes residents.  The                                                              
needs of the Pioneers Home residents vary, and the assessment and                                                               
implementation of these needs must come from trained and dedicated                                                              
people.  These professionals need back-up staff who are caring and                                                              
compassionate, and are those who work on the front line.  The Eden                                                              
Plan emphasizes an environment with gardens, pets and children, yet                                                             
Pioneers Home residents are more in need of staff who can properly                                                              
administer medication and closely monitor patients.   The Eden Plan                                                             
de-emphasizes program activities, the role of prescription drugs,                                                               
and a top-down bureaucracy in favor of a team approach.  That                                                                   
approach undercuts the expertise of the registered nurses.                                                                      
Pioneers Home registered nurses are being disciplined for writing                                                               
up medical error reports and are being counseled into fixing the                                                                
problem instead.  He read an excerpt from a disciplinary memo                                                                   
written by Leslie Brundage, an administrator, to a registered                                                                   
nurse.  He felt error reports should be looked at as an opportunity                                                             
to correct problems, not something to be covered up.  The status                                                                
quo of any kind of business would spell doom, and striving for                                                                  
excellence should be a must.                                                                                                    
                                                                                                                                
MR. CARESS informed committee members he worked with a national                                                                 
news program.  The news program monitored his mother's room via a                                                               
camera it installed.  Cameras were installed in other residents'                                                                
rooms also.  The news program has the film but has not determined                                                               
whether to use it.  He cautioned that televising the film on a                                                                  
national news station could embarrass the State of Alaska.                                                                      
                                                                                                                                
Number 436                                                                                                                      
                                                                                                                                
CHAIRMAN WARD stated whether privatization or realignment of the                                                                
Department or another solution is necessary, the State of Alaska                                                                
owes its senior citizens assurance that they will not feel                                                                      
intimidated by public employees.                                                                                                
                                                                                                                                
Number 426                                                                                                                      
                                                                                                                                
FRAN PURDY, Long Term Care Ombudsman, Department of Administration,                                                             
stated her office issued an investigative report regarding the                                                                  
Pioneer Home pharmacy.  Many of the recommendations put forth in                                                                
the report have not been implemented.  Regarding staffing levels,                                                               
she recommends that the Pioneer Home follow the recommendations of                                                              
the National Citizens' Coalition for Nursing Home Reform which                                                                  
suggests having one full-time equivalent staff per five residents                                                               
during the day, per 10 residents during the evening, and per 15                                                                 
residents at night.  In addition, a ratio of one full-time direct                                                               
on-care nurses should be available for each 15 residents during the                                                             
day, 20 residents in the evening, and 30 residents at night.  These                                                             
recommendations apply to nursing homes that do not have high-                                                                   
intensity medical issues, such as residents on respirators.   The                                                               
Pioneers' Home fiscal request for FY 2000 comes close to that goal.                                                             
                                                                                                                                
Number 386                                                                                                                      
                                                                                                                                
SENATOR GREEN asked what the rule of thumb is for the ratio of                                                                  
nurses to CNAs in similar types of homes.  MS. PURDY replied Alaska                                                             
has no regulation governing a ratio.  The statutes require that                                                                 
each home develop a care plan that addresses all of the health,                                                                 
safety, welfare, and mental health needs of the residents.  Each                                                                
home must provide adequate staff, both in numbers and quality, to                                                               
implement its care plan.  If the care plan is not fulfilled, the                                                                
licensing unit could hold the home in violation.  Nursing homes are                                                             
held accountable for providing individual activities and necessary                                                              
care by the nursing home licensing agency.                                                                                      
                                                                                                                                
SENATOR GREEN stated the reason she asked Ms. Purdy is because she                                                              
is trying to develop language for the supplemental budget to                                                                    
address the ratio of RNs to CNAs.  She asked if one RN to 15 CNAs                                                               
is a reasonable ratio.                                                                                                          
                                                                                                                                
MS. PURDY repeated the National Citizens Coalition recommendations.                                                             
She added that the day and night shift numbers differ because the                                                               
majority of contacts between RNs and physicians about the health                                                                
needs of the residents occur during the day shift.                                                                              
                                                                                                                                
SENATOR ELTON asked Ms. Purdy to rate the Pioneer Home system                                                                   
compared to other facilities that she has been in, and whether some                                                             
Pioneer Homes are doing better than others.                                                                                     
                                                                                                                                
MS. PURDY replied the Pioneers Homes differ and most, other than                                                                
Anchorage, have an adequate RN to CNA ratio.  Those homes do not                                                                
have the same high number of high needs residents living at the                                                                 
Anchorage Pioneer Home.  Juneau's Pioneer Home is one of the better                                                             
homes because it has a team staff approach that works smoothly.                                                                 
The CNAs and recreational people actually work as a team,                                                                       
communication with families is good, the Home is open at all times,                                                             
and volunteers and families flow in comfortably.  Juneau's Home is                                                              
also smaller, and its staff has been working as a team for a long                                                               
period of time. The  Anchorage Pioneer Home has problems with its                                                               
size and the high needs of residents.  It has almost a full nursing                                                             
home wing that it tries to operate as an assisted living home.                                                                  
                                                                                                                                
Number 294                                                                                                                      
                                                                                                                                
SENATOR ELTON asked Ms. Purdy to rate the Anchorage Pioneer Home                                                                
with private facilities and private non-profit homes.  MS. PURDY                                                                
stated the Anchorage Pioneer Home is almost like two different                                                                  
homes.  In the part of the Home in which the residents are semi-                                                                
dependent on staff, the Home is comparable to the other homes in                                                                
Anchorage.  In terms of the other enhanced assistance, AD/RD and                                                                
comprehensive clients, the Anchorage Pioneer Home must be compared                                                              
to nursing homes, which have different standards and staffing                                                                   
ratios.  The Anchorage Pioneer Home does not have all of the                                                                    
amenities and activities that one would expect for residents at                                                                 
that level of need.  It has two staff for every 16 people which is                                                              
inadequate.                                                                                                                     
                                                                                                                                
SENATOR ELTON asked Ms. Purdy if she believes the problem at the                                                                
Anchorage Pioneers Home is caused by a lack of finances or a lack                                                               
of professionalism.  MS. PURDY stated the Anchorage Pioneers Home                                                               
has some very big financial problems; the lack of adequate staff                                                                
levels prevents accurate checking of medications.  No quality                                                                   
assurance check has been done by an outside agency.  Nursing homes                                                              
have the benefit of a nursing home licensing agency that gives                                                                  
guidance and has the ability to enforce changes.  The licensing                                                                 
agency has the ability to stop the use of restraints and to                                                                     
minimize medication errors.  She added the Ombudsman's Office has                                                               
repeatedly brought complaints on behalf of families to the                                                                      
Anchorage Pioneer Home and most of those complaints have not been                                                               
resolved.  She said she hopes SB 20 will be calendared quickly so                                                               
that licensing and enforcement can begin to turn around many                                                                    
attitude problems.  The other half of the equation will be funding                                                              
for more staff.                                                                                                                 
                                                                                                                                
Number 203                                                                                                                      
                                                                                                                                
PAT SENNER, a registered nurse, testified via teleconference and                                                                
described her previous work with the elderly.  She stated through                                                               
the years, on the federal level, a lot of legislation was enacted                                                               
to protect the elderly from abuse.  That legislation was                                                                        
incorporated into skilled nursing facility regulations.  When                                                                   
facilities changed from skilled nursing facilities to assisted                                                                  
living facilities, all regulatory control over quality of care was                                                              
essentially lost.  At the same time, facilities were no longer                                                                  
required to have registered nurses, who implemented internal                                                                    
regulatory controls.  New quality control protections are needed.                                                               
She discussed the staffing ratio at the Mary Conrad Center and a                                                                
feedback mechanism to physicians regarding medications.  That                                                                   
feedback mechanism at the Pioneer Home was totally lacking.  She                                                                
discussed a situation in which one resident's medication was                                                                    
substituted by the Anchorage Pioneer Home pharmacist and the                                                                    
resident had an adverse reaction.  The pharmacist again changed the                                                             
medication and never once contacted the resident's physician.                                                                   
Recently the pharmacist alerted the same physician that he did not                                                              
have a medication prescribed by the physician.  In a skilled                                                                    
facility, a physician would send an order for a medication change                                                               
to the nursing staff who would pass the order on the pharmacy.  At                                                              
the Pioneer Home, the pharmacist acts as the caregiver which is a                                                               
strange arrangement which is not working.  She suggested                                                                        
eliminating the in-house pharmacy and raising the RN to CNA ratio.                                                              
                                                                                                                                
CHAIRMAN WARD announced that Commissioner Poe was present during                                                                
the meeting and that he would be before the Committee again to                                                                  
respond to today's comments.  He assured teleconference                                                                         
participants that no one who testified would be retaliated against.                                                             
CHAIRMAN WARD then adjourned the meeting at 5:05 p.m.                                                                           

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