Kevin – 34 days trapped, restrained, drugged and traumatized in a hospital

Why is traumatizing an autistic man allowed to happen?

How is Kevin going to heal from this abuse?

drug addiction

Kevin’s 33rd day in a hospital room. (Now it’s 34 days as of Feb 13, 2019)

The last 4 days Kevin has become increasingly desperate. The nursing staff at the Medical Care Unit where he is are such a great group of professionals. They have tried to keep him occupied, even taking him on wheel chair rides around the floor, but each day that passes he grows more restless. Kevin is a 5 year old (6’2” tall) that wants to go back to his safe/familiar room, surrounded by his things. He also wants to go for hikes, to the store, the movie theater, and the library. Now he is hitting himself in the stomach and legs with such force that his legs and abdomen are completely covered with purple and black bruises. This is the only way that he can deal with this overwhelming stress. He is limping because he hurt his left leg during the self-injuring actions that now are happening continuously throughout the day. Yesterday he became increasingly anxious with each passing hour, pleading for his “Bellingham house”. He began to scream, hit his room door and window and security was called. Kevin hit his RN and one of the security guard during the incident when they attempted to keep him safe in his room. Throughout the day he was heavily medicated with no success. At night, he managed to escape from his room and run downstairs to the hospital lobby and then outside where he was wrestled by security until Bellingham police arrived.
After he was guided back to his room by the police he was finally medicated with an IM injection of B52 (Benadryl/Haldol/Lorazepam). He has been asleep since then, in a way I feel this is better for him to stop his mental anguish and physical self-inflicted pain.

This situation is a disgrace, my child deserves better from our system. He will severely injure hospital staff or will be gravely injured by medication administration and/or being restrained.

Please contact legislator:
Sharon Showmake at 360 7867854
Luann Van Werner at 360 7867980
Doug Erickson at 360 7867682

Plead for my son to be able to go to a respite bed where he can have physical activity outside of his room, He is unable to comprehend what or why this is happening to him. He needs a less restrictive environment where he can feel free and safe.
please feel free to share!

Marcia Alspaugh

Home Care Aide Rules need to change

Funds spent for long term care initiatives

SEIU 775 Pushed for and Paid for each of these initiatives – Caregiving is still in crisis. Things need to change.

Several concerning issues regarding this case:

  1.  The Administrative Hearing Coordinator did not know the laws/rules of the HCA training.  He insisted several times that there was only one training course that the applicants could take – that of the Training Partnership (SEIU 775)
  2. The Administrative Hearing Coordinator insisted that there were not problems with others completing the training and getting their certification.  He treated this applicant as if she was a failure for not completing the SEIU 775 training.

HCA applications and certificates

Data for these charts was from the Credentialing Manager, Health Systems Quality Assurance, Washington State Department of Health

completed certification

The facts were provided to the Administrative Law Judge (ALJ) by the appellant.  While the ALJ had to abide by the Washington Administrative Code, she did fully understand the frustration and barriers for both the caregivers and those needing that care.

So, in the end, this was a very expensive and long drawn out ordeal that was frustrating but also clarified the problems with these rules.  Now we need people to help get the rules changed so that our community members in need of caregivers and those who want to provide this care can both get what they need.

Longterm care initiatives Washington state

SEIU 775 Pushed for and Paid for each of these initiatives clearly outspending the coalitions (or 501 (c)(3)) that were against each of these initiatives – Caregiving is still in crisis. Things need to change.

The Department sent the appellant the Planned Action Notice which outlined she had not completed the required Basic Training to be an individual provider.  The Appellant has continued working as an individual provider after January 25, 2018, and has not been paid by the Department.

Text from “Initial Order” signed by the Administrative Law Judge on July 23 2018 below:

The undisputed evidence established the Appellant has not completed the 70 hours of Basic Training to be an Individual Provider.

The Appellant explained she had difficulty finishing the Basic Training due to being locked out of the system at some point.  The Appellant expressed frustration about all the barriers in place to becoming an individual provider.  The Appellant also expressed frustration at not being informed about other possible ways to complete the Basic Training.

An administrative law judge may not find a Department regulation in the Washington Administrative Code invalid or unenforceable.  The authority of an administrative law judge (ALJ) and a review Judge is limited to those powers granted by statute or rule.  An ALJ and review judge do not have any inherent or common law powers.  (WAC 182-526-0216).  The Appellant made compelling arguments about the need for providers and how the process to become certified is frustrating because there are so many barriers.  The undersigned administrative law judge does not have the authority to grant the Appellant any relief or an exception to the certification process based on the need for providers in the community.  The undersigned administrative law judge also does not have the authority to implement basic policy changes to the certification process or great exceptions to the Basic Training requirement.

The Appellant has not completed the 70 hours of Basic Training within the 120 days of providing paid in-home care as an individual provider as required by WAC 388-71-0875.

Since the Appellant has not completed the required 70 hours of Basic Training, the Department was required to deny her payment as an individual provider pursuant to the Washington Administrative Code regulations.   There are not exceptions to completing the required Basic Training within the time frame outlined in the Washington Administrative Code.

Follow up:  the Appellant completed training through a DSHS approved  course

May 18, 2018 – sent application for HCA to Department of Health

July 25, 2018 – Completed the 75 hours of Basic Training

August 15, 2018 – DOH Credentialing scheduled caregiver for HCA test

September 7, 2018 – Caregiver took scheduled test – passed with 97%

September 19,. 2018 – DOH updated from PENDING to ACTIVE – FINALLY SHE CAN BE PAID TO PROVIDE CARE – even after she completed the training – the bureaucratic process to almost 2 months to complete – this was time that the caregiver had no control over yet she was not able to be paid. 

This caregiver is now providing daily care to two disabled university students.  

This situation was unusual in that the caregiver and her baby moved back into her parents home during this time.  Having the family support and “free” babysitting enabled her to continue providing care free of charge since most of her living costs were covered by her own self-employment and parents.  Without this support, she would have had to quit and become another one of those who applied to become an HCA but was unable to complete the SEIU 775 demands.  Caregiver provided care for 8 months without being paid.  Also the state had not paid her for the 2 weeks in January that she was locked out of the system.

Caregiver was not able to be paid by DSHS until September 19, 2018.  The rules state that the caregiver needs to complete the training and certification test.  Email from Case manager:

Planned Action Notice (PAN) that was sent to SG on 01/08/2018 informing her she would not be paid as of 01/25/2018. In the PAN, the WACs pertaining to the action are listed. WAC 388-71-0540 stipulation 14 indicates a provider cannot be paid if they do not successfully complete the certification requirements as described in WAC 388-71-0975.  SG was actually required to complete her HCA certification within 150 days of first starting to provide care.

The dates for completion of training and the HCA certification are based on when SG was first authorized to start providing care. SG was first authorized to start providing care on 09/28/2017.