DHHS at fault for Lakeview abuse?

Last September the Disability Rights Center released a report of widespread abuse and neglect at Lakeview Neurorehabilitation Center.

Gov. Maggie Hassan (D) halted new patient admissions and called for an investigation.  Since then the Department of Education and Department of Health and Human Services have both reviewed Lakeview and required changes. 

In February the state accepted a "Plan of Correction" from Lakeview, which includes increased staff and training.

However, some argue that the Department of Health and Human Services (DHHS) is equally responsible for the problems at Lakeview, due to a major failure of oversight.

According to a report from NHPR, DHHS knew about allegations of abuse and neglect as far back as 2011.  DHHS did not revoke Lakeview's license because the facility passed its annual, announced inspections.

"Because this facility served individuals with remarkably complex behavioral challenges, there should be multiple visits per year—including at least one unannounced visit," said Patrick Shannon, a professor in UNH's Department of Social Work and the head of the Governors' Commission on Disability.

Health and Human Services Commissioner Nick Toumpas declined to answer NHPR's questions about Lakeview, but he wrote in an e-mail, "I do not think it would be accurate for you to report that the Department did not act prior to the Disability Rights Center report."

DHHS Deputy Commissioner Marilee Nihan told NHPR, "HHS [does] as thorough of a job in licensing these facilities as possible given the resources that are made available to us."

Meanwhile Maine is pulling all of its patients from Lakeview.  Some representatives of the Disability Rights Center argue that all Lakeview patients should be moved to other community treatment centers.