The United States Department of Justice and CMS unilaterally expressed concern regarding the possible affect Texas Gov. Greg Abbott's temporary hiring freeze on state employees could have on the mentally disabled, according to a report from the Austin American-Statesman.
In January, the Republican governor ordered state agencies to stop hiring people until the end of August to free up approximately $200 million to fund the state through the start of Sept. 1. While the freeze exempts positions with a direct influence on public safety, like child protective services, the exemption does not specifically apply to 13 state supported living centers, according to the Statesman. The centers provide care and residence for more than 3,000 Texans with mental disabilities.
"Even before the freeze, the SSLCs faced staffing shortfalls in critical areas, particularly amongst nurses and clinicians," wrote DOJ lawyer Benjamin O. Tayloe in a Feb. 7 letter addressed to the Texas Attorney General's office. "Thus, the freeze threatens the basic health and safety of the people in the SSLC's care, and, of course places the state in breach of its court-ordered commitments in this case."
In 2008, a DOJ investigation found SSLCs across the state were rife with issues, including poor medical care and faulty investigations into accusations of abuse and neglect. Among specific issues identified during the investigation were the ingestion of latex gloves by patients, preventable patient falls and the frequent use of straitjackets to restrain residents. After the investigation, Texas agreed to use $112 million in state funds to reboot the struggling institutions over a period of 5 years. The changes were meant to be completed by 2014. Many required improvements have yet to be achieved, according to the Statesman.
Sign up for our FREE E-Weekly for more coverage like this sent to your inbox
In a Feb. 8 letter to the state, Gerardo Ortiz, CMS associate regional administrator, said unfilled staffing vacancies "could possibly translate into health and safety concerns for (intellectually disabled) patients in these state facilities," according to the Statesman.
John Wittman, a spokesman for the governor, said the governor's office is currently working with state officials to ensure the hiring freeze does not adversely affect the living centers, according to the Statesman.
"The Justice Department's letter clearly misunderstands the governor's directive on the hiring freeze," said Mr. Wittman. "The directive exempts from the hiring freeze 'positions that have a direct impact on public safety.' Safety obviously includes the well-being of patients and those being treated by state supported living centers."
In his letter, Mr. Tayloe said the DOJ welcomes the state's clarification that the freeze will not lessen care quality at the living centers.
"In the meantime, we will assess its impact on the health and wellbeing of the SSLCs' residents, and the state's related commitments in this case, and proceed accordingly," wrote Mr. Tayloe.
More articles on quality:
The Kennedy Center teams up with NIH to investigate link between music and health
5 things to know about upcoming Patient Safety Awareness Week
Medical error data suggesting 200k preventable deaths per year imperfect, but actionable