Texas state senator proposes plan to overhaul MR institutions

From the Fort Worth Star-Telegram in Texas:

AUSTIN — State Sen. Jane Nelson (pictured) unveiled legislation on Feb. 3 to improve conditions within state institutions housing the elderly and mentally disabled following allegations of widespread abuse.

The issue was among several given "emergency" status by Gov. Rick Perry to expedite consideration by the 2009 Legislature.

Perry also called for swift action on funding recovery efforts for last year’s hurricanes, reforming the state windstorm insurance pool, and providing prisons with devices that detect cellphones and other contraband.

Nelson’s bill follows state and federal investigations into the Texas Department of Aging and Disability Services, which operates 13 large facilities, including one in Denton, that house nearly 5,000 elderly and mentally impaired residents.

A U.S. Justice Department report presented to Perry in early December alleged that residents are often victims of abuse, neglect and inadequate medical treatment. At least 53 residents died in 2007 because of lapses in healthcare, the report concluded.

Nelson, a Flower Mound Republican who last week was reappointed chairwoman of the Senate’s Health and Human Services Committee, has been preparing legislation to strengthen protections at the facilities after conducting interim hearings on the issue after the 2007 legislative session.

"We must never tolerate the abuse of our most vulnerable citizens," she said. "These special Texans deserve to be protected and treated with dignity and respect. That is the goal of this legislation."

A key element of the bill would create an ombudsman post. That person, appointed by the governor, would audit the facilities each year and serve as a confidential intermediary for parents, clients and guardians, Nelson said.

The bill would also rename the facilities from state schools to "state developmental centers." Calling the facilities schools is misleading, Nelson said, particularly since many of the residents are elderly.

The bill would also create a toll-free hot line for reporting abuse, neglect and misconduct; mandate surveillance cameras in common areas at each school; and require random drug testing and fingerprinting of employees. Investigations have uncovered cases in which employees had criminal records.

Some lawmakers and advocacy groups have called for a moratorium on admissions or the closure of at least some of the facilities.

Nelson’s bill does not address the proposals, but she said those and other issues be considered during hearings on her bill.

A federal investigation of the Department of Aging and Disability Services is continuing, Nelson’s office said. More than 800 employees have been suspended or fired over abuse allegations, according to the Justice Department.