Homes for disabled hit hard by COVID, faced past violations

by HOLBROOK MOHR, MITCH WEISS and REESE DUNKLIN, AP

Neil Sullivan was angry, frustrated and crushed with guilt. His brother Joe had been rushed by ambulance from his home for the developmentally disabled to the emergency room with a possible case of the coronavirus.

Neil had known the people at the Elisabeth Ludeman Developmental Center near Chicago were at risk. Regulators had flagged the facility over the years for violations such as neglect of residents and not keeping restrooms stocked with soap and paper towels. And now, in the middle of a pandemic, a staffer told Neil they were still short of life-saving equipment like surgical masks, gowns, hand sanitizers and even wipes.

He watched helplessly as COVID-19 tore through Ludeman, infecting 220 residents — more than half the people living there — and 125 workers. Six residents and four staff members would die. Neil was overcome with dread that his 52-year-old brother would be among them.

“You start thinking to yourself, is there something I should have done better?” he said.

The outbreak in Ludeman shows the threat of the pandemic to a highly vulnerable population that is flying almost completely under the radar: The developmentally and intellectually disabled. While nursing homes have come under the spotlight, little attention has gone toward facilities nationwide that experts have estimated house more than 275,000 people with conditions such as Down syndrome, cerebral palsy and autism. Many residents have severe underlying medical issues that leave them vulnerable to the coronavirus.

At least 5,800 residents in such facilities nationwide have already contracted COVID-19, and more than 680 have died, The Associated Press found in a survey of every state. The true number is almost certainly much higher because about a dozen states did not respond or disclose comprehensive information, including two of the biggest, California and Texas.

Many of these places have been at risk for infectious diseases for years, AP found.

Perhaps the best-known government-funded homes for the disabled are called Intermediate Care Facilities, which range from large state-run institutions to homes for a handful of people. Before the coronavirus hit, regulators concluded that about 40 percent of these facilities — at least 2,300 — had failed to meet safety standards for preventing and controlling the spread of infections and communicable diseases, according to inspection reports obtained by AP. The failures, from 2013 to early 2019, ranged from not taking precautionary steps to limit the spread of infections to unsanitary conditions and missed signs that illnesses were passing between residents and employees.

No such data exists for thousands of other group homes for the disabled because they are less regulated. But AP found those homes have also been hit hard by the virus.

“These people are marginalized across the spectrum,” said Christopher Rodriguez, executive director at Disability Rights Louisiana, which monitors the state’s homes for the disabled. “If you have developmental disabilities, you are seen as less than human. You can see it in education, civil rights, employment. And now, you can see it by how they are being treated during the pandemic.”

Advocates are urging the federal government to do more to protect the disabled in congregate settings. They noted that as the virus spread, the Centers for Medicare and Medicaid Services (CMS) ordered states to provide information to the federal government about COVID-19 infections and deaths in nursing homes. CMS also increased fines and made data about infections in nursing homes available to the public.

But the requirements did not extend to homes for the developmentally disabled, where the overall population is smaller but the virus is still taking a heavy toll.

“The lives of people with disabilities in these settings are equally as at risk — and equally as worth protecting — as people in nursing homes,” the Consortium for Citizens with Disabilities said in a May 5 letter to Alex Azar, secretary of the U.S. Department of Health and Human Services, which oversees CMS.

Some states had outdated plans and policies to face a pandemic, said Curt Decker, executive director of the National Disability Rights Network. In Georgia, for example, he said the state’s policy provided for protective equipment for nursing homes, but not homes for the disabled. He said staffing levels and training were already “a crisis” across the country even before the coronavirus.

“It was clearly a disaster waiting to happen,” he said.

CMS did not respond to the AP’s questions within two weeks and did not say why requirements are different for nursing homes. For days, the agency said it was working on a statement, but did not provide one.