State closes assisted living facility in Pennsylvania after finding 33 violations

From The Gettysburg Times:

The state Department of Welfare is shutting down a personal care home in York Springs due to safety concerns, with plans to move its 22 adult residents to other housing.

But residents at Whispering Pines Assisted Living, 400 Main Street in York Springs, seemed confused upon hearing the news Oct. 15.

“I am not leaving. This is my home and I like it here,“ said Val Shellehammer, a resident for the past three years.

Her friend, Ruth Stover, agreed.

“We have entertainment, a place to sleep, what else could we need?“ she asked.

What they need, according to the state, is a safer and healthier environment.

In March, state inspectors found 33 violations, 12 of which were repeat violations from 2008 inspections, including malfunctioning fire alarms, staff members not trained in first aid, rodent feces on pantry shelves, and medication violations.

The home was already operating under a provisional license, a probationary status that results in more inspections, when DPW opted not to renew their license.

The owners filed an appeal, but the appeal was denied in August by the state’s Bureau of Hearing and Appeals.

A closure order was sent last week by certified letter.

In that letter, dated Oct. 9 and addressed to owner Phillip Harris, the Bureau of Adult Residential Licensing stated that “continued illegal operation of this personal care home may result in further action to force the closure of this personal care home.”

It also stated that department employees would assist in the relocation of the residents.

On Thursday, two of those employees were on the premises, making phone calls behind closed doors, but unavailable for comment.

“They’re holed up in that office and not coming out to talk to us,“ said nurses aid Barbara Keefer. “Our residents are confused right now and they have a right to know what’s going on,” she said.

Resident Kenny Hale said he had a few questions for the state workers.

“We are treated well here. Why are they closing us down? Sure, we have our differences, but this is our home,” he said.

Whispering Pines, a private-run facility, houses residents who need physical or mental well-being assistance.

Many are elderly.

DPW spokesperson Stacey Witalec said her office is working with the Adams County Office for Aging and York-Adams Mental Health/Mental Retardation office to relocate the residents.

“We are meeting with family members or those residents representing themselves to see what their needs are and to assess them and find them a new location,” she said.

“This is a huge transition for the residents. It is their home. We understand that and will work with them and continue to follow-up during the process.”

Witalec said the target date to get all residents placed is “a few weeks.”

Steven Niebler, director of the county Office for Aging, said DPW has been in contact with facilities in Franklin, York, Adams and Cumberland in an attempt to compile a list of available beds.

“Once we get a list, then we need to find out if the beds are public pay or private pay, then we determine if the beds are for male or female, and so on. There is a lot of work to do and a lot to consider,“ he said.

Of the 22 residents, 12 of them fall under the care of Office for Aging, and Niebler has the staff to not only determine the best placement, but to literally go inside the home and help the residents pack, put them in a vehicle, and drive them to their new home.

“We have the staff and we are trained to do it,“ he said.

A parent company called Talex Inc. owns Whispering Pines, and Phil Harris’ wife, Julia, a York Springs borough council member, is listed as president.

Mrs. Harris claims most of the violations cited in the report have been corrected and that the decision to close the facility is unfair.

But DPW said the history of noncompliance raised many concerns.

“A lot of those complaints were repeat violations, which is very problematic, and there were also serious violations,” said Witalec. “They all build up to a very dangerous environment for people to live in.”

Harris defended how the facility is run and feels the state was looking for a reason to close them down, picking problems.

“Other homes have been given three and four provisional licenses, but we get shut down after just one? It is not fair,” she said.

Witalec said several facilities in the state have been shut down in recent years due to stricter regulations.