Oklahoma Governor Henry Announces Nursing Home Reform Effort

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Oklahoma Governor Henry Announces Nursing Home Reform Effort

January 27, 2005 -- Oklahoma City – Gov. Brad Henry is calling for reforms in the Oklahoma nursing home industry, saying additional safeguards can help improve the quality of life for residents and better protect them from harm. Among other things, the governor has proposed hiring more state health inspectors and mandating greater scrutiny of employees to improve safety in Oklahoma nursing homes.The governor’s reform package was assembled with the help of Oklahoma Secretary of Health Terry Cline who conducted a review of nursing home safety issues during the legislative interim. The initiative will be presented to the Oklahoma Legislature for action when it convenes its regular session February 7.

“Oklahoma’s elderly, particularly those confined to nursing homes, deserve our respect, assistance and protection,” said Gov. Henry. “We must do everything we can to provide them with a safe and comfortable environment. Families should be able to make the difficult decision of placing a loved one in a nursing home without having to worry about their safety or well being.”

Under Gov. Henry’s proposal, the State Department of Health would be authorized to hire additional nursing home inspectors. Those officials are responsible for licensing and inspecting homes to make sure they meet standards of care.

“Abuse or neglect of nursing home residents is unconscionable and will not be tolerated by this administration,” said the governor. “Those who do not meet the minimum standards of care will be identified and subjected to the full weight of the law.”

Gov. Henry also hopes to curb assaults in nursing homes by increasing criminal background checks of caregivers. Current law covers paid health care employees, but volunteers do not face such scrutiny. The governor has proposed mandating criminal background checks for all workers regardless of their employment status, including personnel such as cooks and gardeners who do not provide direct care.

The governor also wants nursing home residents and their families to know more about their fellow residents. An investigative series by the Tulsa World last year spotlighted the number of registered sex offenders residing in nursing homes and a lack of public information about them. Gov. Henry wants to require the state’s registered sex offender list to be open for public inspection at each nursing home so that residents and their loved ones will be able to make an informed decision.

As part of his review, Secretary Cline researched the sex offender question along with other safety issues at nursing homes. Cline said it is a complex issue that cannot be addressed with simple solutions.

“Because these individuals have served their debt to society and registered with the Department of Corrections as required by law, the state is limited in what it can do with respect to their health treatment,” said Cline. “We can’t force them out of a nursing home without cause, but we can help residents know who their neighbors are.”

Cline and health officials also reviewed nursing home assault records for the past three years and found that no registered sex offenders had committed assaults on fellow residents during that period of time. The assailants were either nursing home employees or more frequently, other residents without criminal records.

“The assailants are often residents whose mental faculties have deteriorated because of advancing age or disease,” noted Dr. Cline. “These are people’s loved ones who never displayed objectionable behavior before the onset of their mental challenges, but who now may act inappropriately, aggressively or even violently. We have to protect them and others from the actions triggered by their diminished mental health, but you don’t do that by turning them out on the street.

“We think we can improve safety by keeping a closer eye on nursing homes and their residents with the help of additional inspectors and expanded background checks for employees. The sex offender registry will also serve as a helpful tool for families when they choose a residence.”

Gov. Henry noted that he is considering other reform ideas as well. For example, the governor’s office is working with state health officials on a proposal designed to encourage higher quality care through various incentives. The governor said he is also reviewing a bill already filed in the Legislature that proposes separate facilities for former sex offenders.

Gov. Henry added that his reform efforts should not be viewed as a signal that there are significant problems in the Oklahoma nursing home industry. He called it a precautionary action designed to facilitate the best care possible.

“The vast majority of nursing home operators provide a safe and caring environment for their residents,” said the governor. “With a few new safeguards, we can provide additional peace of mind to Oklahomans and make a good nursing home industry even better.”