LOCAL

Lubbock State Supported Living Center has improved, but still deficient, report says

The report measures the implementation of health and safety procedures resulting from a settlement between the state of Texas and the U.S. Department of Justice.

BY LOGAN G. CARVER

A report by an independent group of monitors shows progress, but a drastic need for improvement in the level of care at the Lubbock State Supported Living Center.

The report, released earlier this month, measures the implementation of health and safety procedures resulting from a settlement between the state of Texas and the U.S. Department of Justice.

A panel prepares the report - which is then published by the Texas Department of Aging and Disability Services - after visiting each of the 12 state-supported living centers in Texas.

Advocacy group Disability Rights Texas was quick to point out deficiencies cited in the report, but the department responsible for the state-supported living centers, including what was formerly called the Lubbock State School, touted the improvements mentioned in the 439-page document.

"Clearly the facility has a lot of work left to do, and we recognize that," said Allison Lowery, a spokeswoman for the department. "But we think that they've been moving aggressively toward making substantial progress with this agreement."

The DOJ agreement established areas in which the centers must come into compliance.

Monitors evaluate the centers every six months, measuring their compliance in 171 provisions, and the agreement states the centers must be in compliance after the sixth evaluation.

The latest review, the third of those six, showed the greatest progress since monitoring began, but resulted in roughly 15 percent compliance.

The first review showed the Lubbock State Supported Living Center was compliant with 21 of 171 provisions.

The center was compliant with 22 of 171 provisions on the second review, six months later.

The most recent evaluation showed the center compliant with 27 of 171 provisions.

Also measured is the number of provisions in which the centers have made substantial progress. That number was 62, up from 34 in the initial review.

Although the center demonstrated progress, Disability Rights Texas, the federally designated legal protection and advocacy agency for Texans with disabilities, said the review provided little hope the Lubbock State Supported Living Center would come into compliance by the mandated sixth review.

"The Lubbock facility's lack of progress is unsettling given how little time they have left to gain compliance," supervising attorney Beth Mitchell said in a statement released Wednesday. "To date, the facility remains outside the compliance deadline in more (than) 80 percent of all provision areas. It is unimaginable that the facility will make the necessary protections, supports and services improvements by the deadline mandated by the settlement agreement."

Mitchell did not immediately return a phone call seeking comment.

In the statement, the advocacy group noted 263 documented uses of restraints - which can be sedatives or holds and not mechanical restraints - and pointed to "serious deficiencies" in response time of a licensed health care professional within 30 minutes of initial use of restraint.

The statement lists as "significant failures" several findings documented in the report's executive summary, including marked shortcomings in psychological care and services and nursing care, among other areas.

Lowery again said there was much room for improvement, but said the statement from Disability Rights Texas lacked important context.

"I would again say I think it's one-sided," Lowery said.

Follow Logan on Twitter @AJ_Carver

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