Reports Find Health Workers Still Aren’t Alerting Police Regarding Likely Elder Abuse

Two reports from the federal government have determined that many cases of abuse or neglect of elderly patients that are severe enough to require medical attention are not being reported to enforcement agencies by nursing homes or health workers — even though such reporting is required by law.

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It can be hard to quantify the problem of elder abuse. Experts believe that many cases go unreported. And Wednesday morning, their belief was confirmed by two new government studies.

The research, conducted and published by the Office of Inspector General of the U.S. Department of Health and Human Services, finds that in many cases of abuse or neglect severe enough to require medical attention, the incidents have not been reported to enforcement agencies, though that’s required by law.

One of the studies focuses solely on the possible abuse of nursing home residents who end up in emergency rooms. The report looks at claims sent to Medicare in 2016 for treatment of head injuries, body bruises, bed sores and other diagnoses that might indicate physical abuse, sexual abuse or severe neglect.

Gloria Jarmon, deputy inspector general for audit services, says her team found that nursing homes failed to report nearly 1 in 5 of these potential cases to the state inspection agencies charged with investigating them.

“Some of the cases we saw, a person is treated in an emergency room [and] they’re sent back to the same facility where they were potentially abused and neglected,” Jarmon says.

But the failure to record and follow up on possible cases of elder abuse is not just the fault of the nursing homes. Jarmon says that in five states where nursing home inspectors did investigate and substantiate cases of abuse, “97 percent of those had not been reported to local law enforcement as required.”

State inspectors of nursing homes who participated in the study appeared to be confused about when they were required to refer cases to law enforcement, Jarmon notes. One state agency said that it only contacted the police for what it called “the most serious abuse cases.”

Elder abuse occurs in many settings — not just nursing homes. The second study looked at Medicare claims for the treatment of potential abuse or neglect of older adults, regardless of where it took place. The data was collected on incidents occurring between January of 2015 and June of 2017.

The federal auditors projected that, of more than 30,000 potential cases, health care providers failed to report nearly a third of the incidents to law enforcement or Adult Protective Services, even though the law requires them make such reports.

“It’s very important that the first person who notices this potential abuse and neglect reports it, because then they can begin the investigative process to determine if abuse or neglect occurred,” says Jarmon. “And if it’s not reported, it can’t be tracked.”

The HHS report says that Medicare could do a better job of analyzing the data it has on hand. It recommends that the Centers for Medicare and Medicaid Services, which oversees the health care program for older Americans, should periodically examine claims for treatment, looking for diagnoses that suggest possible abuse or neglect, as well as where and when those cases occur.

“You have to be able to get the data to see how bad the problem is,” says Jarmon, “so that “everybody who can take action has it.”

However, the Centers for Medicare and Medicaid Services, which pays for much of the health care for seniors, and provides guidance on the reporting required of health care workers and health care facilities, has rejected most of the reports’ recommendations.

CMS declined NPR’s request for an interview, but in a written response, it argues that it can take up to a year for Medicare claims to be filed. So analyzing such claims, CMS says, would “not be [a] timely enough” way to identify and respond to cases of elder abuse and neglect.

The inspector general’s report counters that the vast majority of Medicare claims are filed within a month, not a year. And Gloria Jarmon says that just letting state agencies and health care providers know that they’re being tracked, could reduce the problem of elder abuse.

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‘Patients Will Die’: One County’s Challenge To Trump’s ‘Conscience Rights’ Rule

Health care workers sometimes oppose procedures on religious or moral grounds.

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Moral and religious objections to providing health care sometimes arise in medicine: A medical assistant might not agree with blood transfusions. A nurse might not want to assist in sex reassignment surgery.

Last month, the U.S. Department of Health and Human Services put out a new rule that “implements full and robust enforcement” of existing laws that protect what the administration calls “conscience rights” for health care workers. The rule is set to go into effect on July 22.

As NPR has previously reported, the new rule expands the kinds of workers who are covered by those laws — to include, for example, reception and billing staff. Even though relatively few of these complaints get submitted to HHS each year, this emphasis on religious freedom has been a hallmark of the department under the Trump administration.

HHS was sued right away over the expansiveness of its new rule — by the states of New York and California and by physician groups, clinics and others.

Santa Clara County in California is asking a federal judge in U.S. District Court, Northern District of California this week to put the Trump rule on hold while the legal process plays out San Francisco and the state of California filed separate motions for preliminary injunctions last week.

To succeed in putting a temporary stop on the rule, at least one of the plaintiffs will need to convince a judge that implementing the rule would cause “irreparable harm.”

So what’s the harm of a rule designed to affirm health workers’ right to exclude themselves from providing medical care that they say violates their religious or moral beliefs?

“If the rule goes through as it’s written, patients will die,” says Santa Clara’s county executive, Jeff Smith, who is a physician as well as an attorney by training.

“We will have a guaranteed situation where a woman has had a complication of an abortion, where she’s bleeding out and needs to have the services of some employee who has moral objections,” Smith predicts. “That patient will die because the employee is not providing the services that are needed.”

Santa Clara has 2 million residents — it is more populous than 14 states, according to 2017 census data. The county runs three hospitals, including a Level 1 trauma center, clinics and pharmacies, all of which rely in part on federal funding to operate.

The issue is not whether employees who have moral objections to providing certain kinds of care should have a way to opt out, according to James Williams, county counsel for Santa Clara. The county already has a policy to deal with that, but it differs from the federal rule in two key ways.

“One: Health care providers need to notify us in advance,” Williams says. “It can’t just be an on-the-fly objection. And that makes sense because, how are you supposed to run a hospital if you don’t know what your staff has a concern about until the actual procedure needs to happen? And second: There’s an exception for dealing with an emergency situation.”

HHS declined to offer comment for this story, because litigation regarding its rule is ongoing. But the department summarized and responded to nearly a quarter-million comments that were submitted during the 60-day public comment period after the rule was first proposed in January 2018.

In response to commenters who raised the emergency issue, HHS said its final rule does not explicitly conflict with federal laws that require health workers to provide emergency treatment for any and all patients.

To this, Santa Clara County counsel Williams responds, “What the [federal] rule doesn’t do is actually say that it doesn’t apply in emergencies.”

If the conscience rule does go into effect, and Santa Clara does not comply with it, the federal funding the county relies on to operate its public health system could be withheld or subject to “funding claw-backs to the extent permitted by law,” according to the HHS rule.

On the other hand, Williams says, if the county attempted to comply with the rule, it would have another problem — figuring out how.

“HHS didn’t explain or consider how this rule would actually be implemented in practice,” Williams says. “The rule kind of suggests that, basically, you need to have extra staffing to accommodate the fact that there may be people who have objections. That would be very costly.”

County officials worry more broadly about the direct impact of the federal rule on patients. In the lawsuit, Santa Clara argues that the rule could delay care, which could, among other things, open the county up to malpractice suits.

And, county officials add, posting notice about the “conscience rights” policy, as the HHS rule instructs, in “a prominent and conspicuous physical location” within hospitals and clinics that receive federal funding could scare away vulnerable patients — including women seeking abortions or transgender patients.

To this last point, HHS wrote in its rule: “The Department disagrees that a notice of federal conscience and anti-discrimination laws would in any way discourage a patient seeking emergency treatment.”

This is not the first time Santa Clara County has sued the Trump administration — the county also sued over Trump’s attempts to undermine DACA and over the administration’s legal threats against sanctuary cities.

The county has had its eye on the conscience rights issue since the rule was proposed in 2018. When the final rule came down in May 2019, Santa Clara was ready to go.

“We have, as a county, more flexibility to litigate because we have a county Board of Supervisors that’s very supportive of patients’ rights,” says Smith, the county executive. “But every county, every public health system, will have the same concerns.”

Trump administration officials say the federal rule is necessary to protect health workers’ religious freedom. As NPR has reported, Roger Severino, the director of HHS’s Office for Civil Rights, has made the right of health workers to refuse to offer care for religious reasons to some patients his signature issue. In a statement sent to NPR, Severino vowed to “defend the rule vigorously.”

The next step: A judge in U.S. District Court will decide whether any of the California plaintiffs pass the test for preliminary injunctive relief — that if the rule goes into effect, they will suffer “irreparable harm.”

If any or all plaintiffs pass that test, the judge could put the rule on hold while the lawsuits play out. Currently, challenges to the rule in New York and San Francisco are both scheduled for hearings on July 12 — just days before the federal rule is set to go into effect.

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U.S. Women’s Soccer Sets 13-0 FIFA Record In First Game, Beating Thailand

Alex Morgan (second right) celebrates after scoring the United States’ 12th goal during the team’s 13-0 win over Thailand Tuesday.

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Updated at 6: 24 p.m. ET

The U.S. Women’s National Team won its first game of the World Cup with the largest margin of victory in FIFA history Tuesday in a wild soccer match against Thailand.

The record-setting night ended at 13-0. No World Cup team, men or women, had ever scored 13 goals before. Alex Morgan scored five. She now ties with Michelle Akers’ previous 1991 World Cup record for goals scored in a single game.

ALEX MORGAN FOR THE RECORD! ??@alexmorgan13‘s 5th ties Michelle Akers’ single-game #FIFAWWC record … and makes it 12-0 USA! pic.twitter.com/52Z0ePG6vI

— FOX Soccer (@FOXSoccer) June 11, 2019

“We really just came into the game really wanting to showcase ourselves,” Morgan said after the game. “Every goal matters in this tournament and that’s what we were working on.”

“I’m speechless.” @AlexMorgan13 tries to explain her record-setting performance to @Alex_Curry after the @USWNT‘s 13-0 win. #FIFAWWC pic.twitter.com/gatzC6TTQV

— FOX Soccer (@FOXSoccer) June 11, 2019

She added that she is “speechless” over her own performance. “The ball just happened to bounce my way,” she said.

Thailand, which ranked No. 34 in the world, was considered one of the weaker teams entering the tournament.

Tuesday’s match was first of three matches for the U.S. in the tournament’s opening round. The American team will take on Chile on Sunday. They will face Sweden on June 20.

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Expert Panel Recommends Wider Use Of Daily Pill To Prevent HIV Infections

In 2012, the Food and Drug Administration approved the use of Truvada to prevent HIV infection in people at high risk.

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The U.S. Preventive Services Task Force has a new recommendation aimed at preventing HIV infections and AIDS. The influential panel’s guidance says people at high risk of being infected with HIV should be offered preventive antiretroviral medications — taken in a daily pill.

There’s lots of evidence that preexposure prophylaxis — also known as PrEP — is effective. The Food and Drug Administration-approved pill Truvada contains two antiretroviral medicines (tenofovir and emtricitabine).

The Centers for Disease Control and Prevention cites evidence that PrEP can reduce the risk of HIV infection by up to 92% in people who are at high risk and who take the drug consistently.

The CDC recommended PrEP several years ago and calls it “a powerful HIV prevention tool,” but so far uptake of PrEP has been slow.

“Currently, less than 10% of individuals with an indication for PrEP are receiving this medication,” write Hyman Scott and Paul Volberding in an editorial published Tuesday alongside the new recommendation in the medical journal JAMA. Both authors are physicians and researchers at the University of California, San Francisco who have been involved in HIV research.

“The gap between indication and use is most pronounced among black and Latino men who have sex with men,” Volberding and Scott write.

And the new recommendation “should serve to promote policies to expand PrEP access to those at risk,” they conclude.

People at high risk of HIV infection include those who inject drugs and those who have sex without condoms when they don’t know the HIV status of their high-risk partner.

Many insurers already pay for Truvada, but the task force’s recommendation could be influential in expanding coverage of the drug, whose list price runs $21,360 a year.

“The cost of the medication is absolutely a barrier for a lot of people in the U.S.,” Scott said in an interview. “We have patients who go to the pharmacy and are told they have to pay $1,300 or $1,600 for their month’s supply of Truvada.”

Many at-risk people can get the drug at a reduced cost or at no cost, depending on their insurance. “We try to educate patients to let them know there are many programs to help offset the costs,” Scott says.

“We’ve done a good job in medicine at being able to treat HIV, in the sense it’s now become a chronic disease for most people … but we still have a problem with new HIV infections,” says John Epling, a physician and professor of family and community medicine at Virginia Tech and a member of the U.S. Preventive Services Task Force. The goal is to prevent these infections.

More than 38,000 new HIV cases were diagnosed in the U.S. in 2017, according to the CDC. “So, we need for primary care clinicians to engage in offering PrEP to their high-risk patients,” Epling says.

The task force’s recommendation is published with a new review of the evidence, including an analysis of multiple studies evaluating the safety and effectiveness of PrEP.

The studies found that most side effects, including gastrointestinal complaints and some nausea, were mild and reversible. Another side effect in some people taking Truvada is elevated creatinine, a measure of kidney function, so patients on the drug are monitored periodically.

The review finds that the therapy significantly reduces the risk of acquiring HIV infection compared with a placebo, although effectiveness drops when people fail to take the pill daily.

“PrEP is highly effective at preventing HIV acquisition,” Epling says, “if it’s taken every single day and condoms are used.”

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Santa Anita Park Resists Call To Suspend Racing After 2 More Horses Die

Santa Anita Park in Southern California is resisting calls to suspend its season, saying recent changes have reduced catastrophic injuries “by 50 percent in racing and by more than 84 percent in training.”

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Los Angeles County’s Santa Anita Park is standing firm against calls to cancel the rest of its racing season after the deaths of two more horses over the weekend, bringing the number of horses that have died at the track since December to 29.

In a highly unusual move Saturday, the California Horse Racing Board asked the park to scuttle competition for the seven remaining race days to “provide the industry more time to fully implement announced safety initiatives and perhaps additional ones.”

But park owner The Stronach Group along with the Thoroughbred Owners of California and California Thoroughbred Trainers released a joint statement Sunday saying the racetrack will remain open until the season ends on June 23.

“Since wide-sweeping reforms have been instituted at Santa Anita, catastrophic injuries have dropped considerably compared to earlier this meet,” the statement read, adding: “To be clear, there are no acceptable losses, and every day we work toward ending all serious injuries. But the reality is that our improvements and changes have been effective.”

Santa Anita suspended racing for much of March, when the toll of horse deaths neared two dozen — twice the rate of the previous year — and as it worked to figure out why so many horses were dying.

Before reopening on March 29, the park announced a series of changes it planned to implement, including limiting the use of pain or anti-inflammatory medications and treatment for horses and improving early detection of preexisting health conditions. Santa Anita had already pledged to bring in outside experts on a regular basis to review its dirt, turf and synthetic course surfaces.

The park says those moves have already reduced catastrophic injuries “by 50 percent in racing and by more than 84 percent in training.”

Since the park reopened, seven more horses have died there.

On Saturday, a horse named Formal Dude was euthanized after “taking a bad step” in a mile race, according to the official race chart. An examination revealed a fractured pelvis, reports The Daily Racing Form.

In response to the death of the 4-year-old gelding, the state Horse Racing Board issued a recommendation Saturday that Santa Anita “suspend racing for the seven remaining race days but that they allow horses to continue to train during that period.”

Santa Anita issued its refusal on Sunday. That same day saw another horse fatality: Truffalino pulled up during the third race of the day, and the jockey dismounted just before the 3-year-old filly collapsed. The horse died of a suspected heart attack.

In an emailed statement, the California Horse Racing Board said it “does not have the authority to suspend a race meet or remove race dates from a current race meet without the approval of the race track operator or without holding a public meeting with ten days public notice.”

At the time Santa Anita suspended races in March, questions swirled about whether heavy Southern California rains and poor track conditions were causing the horse injuries and deaths. But other experts weren’t so sure.

“There’s no obvious answer. So every question is being asked: Is it the surface? Is it the horses that are running on the surface?” Rick Baedeker, executive director of the California Horse Racing Board, told NPR’s All Things Considered in March.

“Racing has become more competitive over a period of time,” Rick Arthur, equine medical director at the School of Veterinary Medicine at the University of California, Davis, told NPR’s Tom Goldman. “Horses are worked faster and there are fewer horses to fit the slots that are available. So there’s more pressure on the horses to race more frequently.”

People for the Ethical Treatment of Animals says that horses, with their massive frames supported by spindly legs, simply aren’t built to withstand the rigors of training and racing. The organization notes that injuries such as strained tendons or hairline fractures can be difficult to diagnose before a horse is run again.

PETA has called for a nationwide suspension of racing until greater safety measures are put in place. “Trainers, owners, and veterinarians have recklessly controlled racing and imperiled horses for too long, and those days must come to an end,” Senior Vice President Kathy Guillermo said in a statement.

And while just a handful of race days remain this season, Santa Anita is set to host the prestigious Breeders’ Cup in November. Amid the spate of horse deaths, according to the LA Times, the Breeders’ Cup committee is considering moving the event to Churchill Downs in Kentucky.

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Ex-Red Sox Star David Ortiz In Stable Condition After Shooting In Dominican Republic

Retired Boston Red Sox player David Ortiz looks at the large television screen last June at Fenway Park in Boston.

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Former Boston Red Sox slugger David Ortiz was shot in the back Sunday at an outdoor bar in the Dominican capital of Santo Domingo. He is reportedly in stable condition after undergoing surgery.

Ortiz, a native of the Dominican Republic, was at the bar in the capital at about 8:50 p.m. when a man on a motorcycle approached and shot him from behind, according to Dominican National Police Director Ney Aldrin Bautista Almonte.

Ortiz’s father, Leo, told local reporters that his son, 43, was “fine” after surgery and that the bullet did not hit any vital organs.

“He is out of surgery and stable; he is resting,” Leo Ortiz said. “Big Papi will be around for a long time.”

Dominican television host Jhoel Lopez and another person were also wounded in the attack, according to The Associated Press. Lopez was shot in the leg, but his injuries were not considered life-threatening.

I’m at peace knowing you out of danger; you a strong man Compai, can’t wait to hear your voice. My thoughts and prayers are with you, see you soon.
Me siento tranquilo de saber que estás fuera de peligro, usted es fuerte Compai, ya quiero oírle la voz. Orando, nos vemos pronto pic.twitter.com/jdSnNsM7eI

— Pedro Martinez (@45PedroMartinez) June 10, 2019

Bautista said that the alleged shooter was captured and beaten by a crowd and that he was undergoing treatment before being questioned by authorities.

The Dial Bar and Lounge, where the assault took place, is located in the eastern part of the capital in a nighlife district known for its high-end dance clubs, according to the AP.

Ortiz, who helped the Red Sox win the World Series three times, hit 541 home runs in his more than 20-year career. He won the MVP award in 2013 and retired after the 2016 season.

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