Case: DOJ CRIPA Investigation of the Reginald P. White Nursing Facility, MS

Never Filed | No Court

Filed Date: Nov. 16, 2004

Closed Date: Feb. 24, 2010

Clearinghouse coding complete

Case Summary

Pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997, the Civil Rights Division of the U.S. Department of Justice ("DOJ") conducted an investigation of conditions at the Reginald P. White Nursing Facility ("RWNF"), a public nursing home facility in Mississippi, evidently operated by one of the state's counties. The investigation resulted in a findings letter being sent to the governor of Mississippi on May 20, 2003. The letter stated that in August 2002, D…

Pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997, the Civil Rights Division of the U.S. Department of Justice ("DOJ") conducted an investigation of conditions at the Reginald P. White Nursing Facility ("RWNF"), a public nursing home facility in Mississippi, evidently operated by one of the state's counties. The investigation resulted in a findings letter being sent to the governor of Mississippi on May 20, 2003. The letter stated that in August 2002, DOJ and its expert consultants completed a visit to the facility, where they had interviewed administrators, residents and staff, and reviewed policies, procedures, medical charts and records. After noting several positive aspects of the care provided at RWNF, the letter advised that the DOJ's investigation led it to conclude that certain conditions at RWNF violated residents' federal constitutional and statutory rights.

According to the DOJ's findings letter, residents at RWNF suffered from the facility's "serious deficiencies" in (1) nursing and physician medical care, (2) mental health care, (3) discharge planning, and (4) staff training and oversight. For each of these categories, the letter provided examples of the shortcomings observed by the investigation.

Medical care shortcomings existed in assessment and treatment planning (including inadequate protocols for medical complications and no written protocol for resident pain management; failure to re-assess residents following acute changes in physical or mental status or after repeated falls or accidents; inadequate assessments for those needing restorative care or supervision to preclude elopement; and insufficient involvement of physicians in treatment planning), in mechanical restraint use without adequate assessments or consideration of alternatives, in deficient mealtime practices, and in substandard provision of restorative care and therapeutic activities.

Deficient mental health care treatment resulted from RWNF's system of providing mental health care through inappropriate use of multiple medications (polypharmacy), excessive reliance on psychotropic medications (chemical restraints), inadequate monitoring of medication side effects, and deficiencies with mental health assessments and treatment planning.

Systemic weaknesses in resident treatment planning and facility end-of-life practices resulted in unnecessarily restrictive and segregated living conditions for some RWNF residents, according to the DOJ findings letter. This constituted a failure to serve persons in the most integrated setting appropriate to their individual needs.

The investigators also found that nursing and direct care staff would benefit from improved training on behavioral interventions for aggressive or agitated resident behavior, on restraint use, psychosocial planning, restorative care concepts, and the role of an interdisciplinary treatment team. Additionally, the letter stated that the physician staff would benefit from training on their obligations under federal nursing home law and generally accepted professional geriatric standards. Weak staff oversight and quality assurance practices, an absence of review and careful periodic evaluation of physician and psychiatric care, and failure to track or trend patterns of abuse and injury constituted further systemic problems at RWNF.

The DOJ findings letter proposed remedial actions to remedy the deficiencies, invited the state to address the issues, and alerted the state to the possibility of a CRIPA lawsuit brought by the United States to compel remedial action.

We have no post-findings letter information about this matter.

Summary Authors

Mike Fagan (6/20/2008)

People


Judge(s)

Barbour, William Henry Jr. (Mississippi)

Attorneys(s) for Plaintiff

Acosta, R. Alexander (District of Columbia)

Ashcroft, John (District of Columbia)

Boyd, Ralph F. Jr. (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Cheng, Christopher N. (District of Columbia)

Geissler, R. Jonas (District of Columbia)

Lampton, Dunn (Mississippi)

Moore, Mike (Mississippi)

Preston, Judy C. (District of Columbia)

Judge(s)

Barbour, William Henry Jr. (Mississippi)

Attorneys(s) for Plaintiff

Acosta, R. Alexander (District of Columbia)

Ashcroft, John (District of Columbia)

Boyd, Ralph F. Jr. (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Cheng, Christopher N. (District of Columbia)

Geissler, R. Jonas (District of Columbia)

Lampton, Dunn (Mississippi)

Moore, Mike (Mississippi)

Preston, Judy C. (District of Columbia)

Schlozman, Bradley (District of Columbia)

Attorneys(s) for Defendant

Hood, Jim (Mississippi)

Thweatt, Carol F. (Mississippi)

Documents in the Clearinghouse

Document

3:04-cv-00933

Docket [PACER]

U.S. v. State of Mississippi

U.S. District Court for the Southern District of Mississippi

Feb. 24, 2010

Feb. 24, 2010

Docket

RE: CRIPA Investigation of the Reginald P. White Nursing Facility, MS

May 20, 2003

May 20, 2003

Findings Letter/Report

3:04-cv-00933

Agreement

United States of America v. State of Mississippi

U.S. District Court for the Southern District of Mississippi

Nov. 15, 2004

Nov. 15, 2004

Settlement Agreement
1

3:04-cv-00933

Complaint

United States of America v. State of Mississippi

U.S. District Court for the Southern District of Mississippi

Nov. 16, 2004

Nov. 16, 2004

Complaint

Resources

Docket

Last updated May 16, 2022, 8 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ; Notice of Assignment mailed. (thr) (Entered: 11/17/2004)

Nov. 16, 2004

Nov. 16, 2004

Case assigned to Administrative Track. (thr) (Entered: 11/17/2004)

Nov. 16, 2004

Nov. 16, 2004

Magistrate Judge Assignment Alfred G. Nicols (thr) (Entered: 11/17/2004)

Nov. 16, 2004

Nov. 16, 2004

2

MOTION by plaintiff United States for Approval of Agreement (thr) (Entered: 11/17/2004)

Nov. 16, 2004

Nov. 16, 2004

3

MEMORANDUM by plaintiff United States in support of [2-1] motion for Approval of Agreement by plaintiff (thr) (Entered: 11/17/2004)

Nov. 16, 2004

Nov. 16, 2004

SUMMONS(ES) issued for defendant Mississippi State Of, defendant Haley Barbour, defendant Albert R. Hendrix, defendant Department of Mental, defendant Patricia Ainsworth, defendant William Buford, defendant Amanda Griffin, defendant Scotty Hargrove, defendant George Harrison, defendant Robert Maddux, defendant Mary Morton, defendant Bradley Sanders, defendant Charles Carlisle, defendant East Mississippi, defendant Rene Read, defendant Reginald P. White (jkm) (Entered: 11/22/2004)

Nov. 16, 2004

Nov. 16, 2004

4

SUMMONS Returned Executed as to defendant Mississippi State Of, defendant Haley Barbour, defendant Albert R. Hendrix, defendant Department of Mental, defendant Patricia Ainsworth, defendant William Buford, defendant Amanda Griffin, defendant Scotty Hargrove, defendant George Harrison, defendant Robert Maddux, defendant Mary Morton, defendant Bradley Sanders, defendant Charles Carlisle, defendant East Mississippi, defendant Rene Read, defendant Reginald P. White 11/17/04 Answer due on 12/7/04 for Reginald P. White, for Rene Read, for East Mississippi, for Charles Carlisle, for Bradley Sanders, for Mary Morton, for Robert Maddux, for George Harrison, for Scotty Hargrove, for Amanda Griffin, for William Buford, for Patricia Ainsworth, for Department of Mental, for Albert R. Hendrix, for Haley Barbour, for Mississippi State Of (jkm) (Entered: 11/22/2004)

Nov. 22, 2004

Nov. 22, 2004

5

ORDER granting [2-1] motion for Approval of Agreement. FURTHER: The Court retains jurisdiction of this case for 3 years from this date as set out. ( signed by Judge William H. Barbour Jr. ); copies mailed. (thr) (Entered: 11/30/2004)

Nov. 23, 2004

Nov. 23, 2004

Case closed (thr) (Entered: 11/30/2004)

Nov. 23, 2004

Nov. 23, 2004

6

RESPONSE by defendant Department of Mental to [2-1] motion for Approval of Agreement by plaintiff (jkm) (Entered: 12/15/2004)

Dec. 15, 2004

Dec. 15, 2004

7

Joint MOTION for Settlement Extension, Modification, and Dismissal in Part by United States of America (Attachments: # 1 Appendix Proposed Order to Extend, Modfify, and Dismiss in Part the Settlement Agreement)(Cheng, Christopher) (Entered: 11/21/2007)

Nov. 21, 2007

Nov. 21, 2007

8

ORDER granting 7 Joint Motion to Extend, Modify, and Dismiss in Part the Settlement Agreement. The Agreement is hereby extended to November 23, 2009.Pursuant to Section J of the Agreement, Section F of the Agreement is hereby dismissed. This Court shall continue to retain jurisdiction of this case until November 23, 2009. Signed by Judge William H. Barbour Jr. on 12-6-2007 (Lewis, Nijah) (Entered: 12/06/2007)

Dec. 6, 2007

Dec. 6, 2007

9

Joint MOTION to Continue to Extend Settlement Agreement by United States of America (Attachments: # 1 Supplement Proposed Order)(Geissler, R. Jonas) (Entered: 11/20/2009)

Nov. 20, 2009

Nov. 20, 2009

10

ORDER granting 9 Joint Motion to Continue. The Agreement is hereby extended for 90 days, until February 22, 2010. Signed by District Judge William H. Barbour, Jr on 12/9/09 (Lewis, Nijah) (Entered: 12/09/2009)

Dec. 9, 2009

Dec. 9, 2009

11

Joint MOTION to Dismiss by United States of America (Attachments: # 1 Appendix Proposed Order (also submitted via email))(Geissler, R. Jonas) (Entered: 02/22/2010)

Feb. 22, 2010

Feb. 22, 2010

DOCKET ANNOTATION as to # 11 Proposed orders must be e-mailed to the appropriate judge not filed as an attachment to a pleading or filed as a separate pleading. (cwl) (Entered: 02/22/2010)

Feb. 22, 2010

Feb. 22, 2010

12

ORDER of FINAL DISMISSAL: granting 11 Motion to Dismiss. Signed by District Judge William H. Barbour, Jr on 2/24/2010 (cwl) (Entered: 02/24/2010)

Feb. 24, 2010

Feb. 24, 2010

Case Details

State / Territory: Mississippi

Case Type(s):

Nursing Home Conditions

Key Dates

Filing Date: Nov. 16, 2004

Closing Date: Feb. 24, 2010

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

U.S. Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Mississippi, State

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Special Case Type(s):

Out-of-court

Availably Documents:

None of the above

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Issues

General:

Food service / nutrition / hydration

Individualized planning

Reassessment and care planning

Restraints : chemical

Restraints : physical

Staff (number, training, qualifications, wages)

Disability:

Integrated setting

Medical/Mental Health:

Bed care (including sores)

Medical care, general

Medication, administration of

Mental health care, general

Wound care

Type of Facility:

Government-run