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The Courts Government

DOJ Finally Starts Process of Investigating Nursing Home Deaths From COVID-19 (justice.gov) 232

onyxruby writes: The DOJ has finally launched the precursor to an investigation into the mass deaths of senior citizens in nursing homes and long term care facilities. Roughly half of all COVID-19 deaths in the United Stated have occurred in nursing homes. The governors of New York, New Jersey, Pennsylvania and Michigan are being requested to provide information to the DOJ. This will be used to determine if a formal investigation into the deaths of tens of thousands of elderly patients will be launched.

From the release: "According to the Centers for Disease Control, New York has the highest number of COVID-19 deaths in the United States, with 32,592 victims, many of them elderly. New York's death rate by population is the second highest in the country with 1,680 deaths per million people. New Jersey's death rate by population is 1,733 deaths per million people -- the highest in the nation. In contrast, Texas's death rate by population is 380 deaths per million people; and Texas has just over 11,000 deaths, though its population is 50 percent larger than New York and has many more recorded cases of COVID-19 -- 577,537 cases in Texas versus 430,885 cases in New York. Florida's COVID-19 death rate is 480 deaths per million; with total deaths of 10,325 and a population slightly larger than New York.

The Department of Justice's Civil Rights Division is evaluating whether to initiate investigations under the federal 'Civil Rights of Institutionalized Persons Act' (CRIPA), which protects the civil rights of persons in state-run nursing homes, among others. The Civil Rights Division seeks to determine if the state orders requiring admission of COVID-19 patients to nursing homes is responsible for the deaths of nursing home residents."
In other COVID-19 related news, Slashdot reader schwit1 shares a report from The Wall Street Journal, reporting that Abbott has been given emergency use authorization for a rapid antigen test. "They say: [it takes 5 minutes and costs only $5]," writes schwit1. "Greater than 95% sensitivity and no machine or lab required, adding they have the ability to make 50 million tests per month by October.
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DOJ Finally Starts Process of Investigating Nursing Home Deaths From COVID-19

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  • by Presence Eternal ( 56763 ) on Thursday August 27, 2020 @05:22AM (#60445714)

    For most of my life I've been aware that elders fear going to such places. Recent events have shown me not only that this fear is correct, but that I profoundly underestimated how bad they are. I plan to do anything and everything humanly possible to make sure I am never in the care of such a facility.

    • by peragrin ( 659227 ) on Thursday August 27, 2020 @06:17AM (#60445782)

      Impossible. 70% of elders suffer falls that break bones. Healing time is three times longer for an elder so you end up sitting in elder care to heal.

      You are thinking only of end of life. Most residents are in healing from injuries associated with being old and once healed are released. If they can take care of themselves.

      Why can't they heal at home? They need physical help that is too expensive to provide.

      • by e3m4n ( 947977 ) on Thursday August 27, 2020 @07:30AM (#60445938)

        Actually the current belief is that they break their hip (technically the femur head not the acetabulum), which results in a fall. Not the other way around. Being sedentary makes your bones atrophy. Your bone density is maintained by the impact of motion. Its a piezoelectric type stimulus that triggers the calcification of the bones. Even a simple exercise of raising up onto your tiptoes and allowing yourself to fall back down to your heels (not lower yourself, it has to be full gravity), do this repeatedly, will stimulate calcification of your pelvis, tibia, fibula, and femur.

        The Chinese people that regularly engage in Taijiquan (Tai âChi chuan) and Qigong (Chi Gong) are much less effected by these particular ailments. X-ray scans of an 80yr old practitioner vs an 80yr old non-practitioner showed the practitioners hip area to be nearly as healthy as a 35yr old. Its not magic, its just movement.

        • by tflf ( 4410717 )

          Agreed. Physical activity and diet are things everyone can do to help reduce the risk.
          My mother, at 91, had a slip and fall while at the swimming pool. Broke her collar bone, because she contacted a step with it. Doctors advised us her active lifestyle (she goes for a walk, 3 to 5 miles, nearly every day) and diet, explained her lack of other injuries (broken hip mentioned) often seen in senior falls.

      • There are a number of ways to reduce the rate of bone loss. Not quantifiable, but neither expensive nor troublesome, so why not do them anyway?

        Vitamin D, Vitamin K2, Magnesium (taken together), adequate Vitamin A (eating liver regularly is a good way), avoid any calcium supplements (any decent diet contains masses of the stuff), and walk (or run if you still can).

        If you are able to do it safely, daily brief bursts of intense activity help. Anything from chin-ups, press-ups or windsprints to weight lifting.

    • Exactly this! Keep a few bottles of whisky in the cupboard and when the time comes die gracefully rather than be mistreated in a home.

    • That's because of elder abuse. They are sometimes raped, stolen from, intimidated, berated, beaten, given sedatives so caretakers can be free to be unattentive, and told to stay silent about these abuses, all when the elder's family members are away.

    • by gbjbaanb ( 229885 ) on Thursday August 27, 2020 @06:52AM (#60445866)

      They fear going to those places, partly because of abuse from those unemployable "carers" that provide such sensational news stories, but basically because they are waiting rooms for death.

      You don't end up in a care home because you're healthy, you go there because you cannot look after yourself. And then you die after being looked after so you can watch the most mindless TV shows with a blank, lifeless expression on your face.

      And then there's the cost of them - why does it cost less to hire a personal housekeeper for yourself than it does to survive residential care in a home with 20 or 30 others looked after by 1 or 2 staff?

      • Usually due to the memory ward costs. Once Dementia kicks in, it takes more staff. Not only is their mind slipping away but they forget how to eat, and eventually swallow. Much like parkinsons, aspiration pneumonia is a frequent cause of death, labled natural causes. Always hated that term, theres nothing natural about having bits of food finding its way into your lungs.

      • by kenh ( 9056 )

        Your imagined 1:10 staff to guest ratio is pure fantasy.

        Nursing homes are staffed 24x7, your "visiting angel" at best works an 8 hour shift, more likely 2-3 hr/day.

        There are 21x 8 hr shifts in a week to staff, it takes 5+ full-time workers (5x 8 hr shifts/wk) to cover all those shifts and allow for time-off/vacations, etc.

        Then there is kitchen staff, doctors, orderlies to keep facility clean, etc.

      • by anegg ( 1390659 ) on Thursday August 27, 2020 @11:16AM (#60446812)

        The cost charged per patient depends on who is paying the bill, I think. My mom had her own home (1,000 miles from me) and was quite clear she wanted to die in that house. After several rounds of "mom has an injury, mom goes to the hospital, mom move from hospital to rehab, home goes home" it was getting clear that living on her own wasn't going so well.

        During the last of these cycles*, I convinced her that she should consider assisted living. Her own apartment in the building, but with people to help out when she needed it. She didn't like the idea, but indicated she was willing to try. The hold-up was that the assisted living place didn't have an opening just yet. Since she had too many assets** to have the state pay for her stay the rehab center once she was not in immediate danger, she had to be a "private payer", billed at a rate of $23,000/month, for what amounted to a hotel room with staff that checked in on you from time to time, helped you if you needed it to get to the bathroom safely, helped you shower if you needed it, etc.

        If you do the math, you'll see that this works out to $276,000/year, or enough to hire 3 people at $92,000 (fully-burdened cost, call it $46k salary plus benefits) for round the clock 24-hour care for a single individual. Most people wouldn't need 24-hour care; an eight-hour shift would get many most of what they need. But that's for private care for one person in their own home - at the rehab center/nursing home the staff ratios aren't so favorable (but they do have the expenses of the facility). Why the big cost for "private payers"? As far as I can tell, it is to offset the cost of care for those who are being covered by state funds (Medicare for rehab patients, Medicaid for nursing home patients).

        Every discussion I had with the care centers about my Mom started with a discussion of her assets, how even a small amount of assets disqualified her for Medicaid to pay for their costs, and that she would have to go through the "spend down" phase first. "Spend down" is a euphemism for bleeding every last available dollar from your assets, which then makes you indigent, which then makes you eligible for MedicAid. That's the system; anyone who has saved anything (has assets) pays out at extraordinary rates, which quickly reduces their assets to $0 (transferring those assets as quickly as possible to the care center), and then they are covered by Medicaid. (See, all better now!)

        It took me conversations with somewhere around 11 "elderly care" legal aid people/lawyers before one let slip that there were other ways to handle things. One of them is to put your assets into a special kind of trust; the balance of the trust goes to the state to provide reimbursement for Medicaid expenses after you die, but in the meantime those assets can be used to provide "benefit" to you. Things that the care center doesn't provide even at their rapacious private payer rates. None of the care centers I spoke with mentioned this option.

        There is a loophole, of course, If your assets are no longer in your name (with a 5-year lookback/clawback provision) and you are in need of care, then Medicaid covers the cost (i.e., the state pays). I have no idea how many people make sure that there are no significant assets in their names as they head towards their elder years. I suspect that people who are more used to dealing with having $$ than my mom are probably more knowledgeable about how to protect their estates, whether that is "fair" or not. For example, immediately after my mother died, I spoke with a long-time friend of mine who revealed that his parents had already put their house in his name.

        My approach is to line up personal nursing care well in advance of actually needing it, and to investigate long-term care insurance as well. If that $$ runs out, then I guess it is off to the nursing home on state expense for me. But not until then...

        * She died while in the care of the care center when she was supposedly healthy enough to get in to assi

    • Be nice to your kids. They choose your nursing home.

      • True..

        My mother stayed at my home until the day she died. Trust me, if you can do it, do it. It's worth it, both to them and to you. Don't send them to a nursing home if at all possible..

        I don't want to be a burden to my kids but I also hope they don't believe they cannot live with me as an old man. We took care of their grandparents, hopefully they will take care of their children's grandparents too.

        • I'm going to give my mother the same degree of consideration she gave to me.

          That is to say, she can work it out on her own.

          My father already died in his own home.

          • by bobbied ( 2522392 ) on Thursday August 27, 2020 @10:23AM (#60446578)

            I'm going to give my mother the same degree of consideration she gave to me.

            That is to say, she can work it out on her own.

            My father already died in his own home.

            Sorry about your father and I hope you can someday soon bury the hatchet with your mother. I cannot imagine letting my parents die alone, even my step father who mistreated us kids and my mother doesn't deserve that, but I understand that repairing some relationships isn't possible. Forgiveness isn't something that benefits the one who did wrong, it benefits you, give it a try.

  • by onyxruby ( 118189 ) <onyxruby&comcast,net> on Thursday August 27, 2020 @05:44AM (#60445740)

    At 74% Minnesota has one of the highest death rates at 74% of long term care facilities in the United States. We have at times led the nation and consistently been proportionally been even worse than New York. As of the latest data from the state 74% of our deaths came from our most vulnerable population:

    1793 deaths:
    1325 nursing homes / long term care facilities

    https://www.health.state.mn.us... [state.mn.us]

    To the best of my knowledge Covid positive patients are still being placed in nursing homes and long term care facilities. Unfortunately the slaughter of our most vulnerable citizens has gotten very little coverage from our local media. The latest articles that readily turned up in a google search are a few months old.

    https://www.startribune.com/mi... [startribune.com]
    https://www.twincities.com/202... [twincities.com]

    The Minnesota Dept of Health helped to cover up the deaths and only started to release data at all when threatened with a subpoena:
    https://www.minnpost.com/state... [minnpost.com]

  • by Kokuyo ( 549451 ) on Thursday August 27, 2020 @06:27AM (#60445802) Journal

    So many questionable things were done in the name of "protecting" us from this pandemic... and still... if you dare ask questions, you're immediately denunciated as an anti-masker.

    Switzerland is now considering having everyone wear masks in shops because our cases are rising again... but so our the numbers of tests done.

    Meanwhile, the daily death rate is between zero and 2, seldom 3. that's individuals, not percent or anything.

    The number of hospitalized has been steady for weeks between 100 and 130. The number of ICU patients has been steady for weeks between 20 and 30.

    Remember when social distancing was there to flatten the curve? Because we were all scared of overloading hospitals?

    When hospitals started to cut down on staff due to being underused (is that a word?), people still bleated about how we're all going to die if we open up certain restrictions.

    And these days, the media will not let us forget that our cases are rising but I know of exactly one media outlet that will show ALL relevant graphs, including mortality displacement... and they put it on a sub-page, never to actually put their headlines into context.

    I don't care anymore if people call me such nice things as anti-masker or put me in the same corner as flat-earthers. I'm telling you covid isn't as bad as they make it out to be. After NOT putting covid patients with the elderly and after no longer overpressuring covid afflicted lungs, death rates have been under control. We should guide our efforts by the number of ICU beds we're have occupied and largely ignore the case numbers... especially considering that the tests are so beyond anything I'd call reliable...

    The damage these measures are causing will haunt us for generations to come...

    • by AmiMoJo ( 196126 ) on Thursday August 27, 2020 @06:49AM (#60445860) Homepage Journal

      It's not just the death rate that matters. Even if you have great ICU wards and more people survive a COVID 19 infection can have lasting, serious consequences.

      Confidence is also an issue for the economy. If people don't feel confident to go out shopping or for entertainment, if they don't feel confident going to work then it hits the economy. Masks help people feel safe.

      • You can't argue with these morons who think it's no big deal. Every day they find new ways the virus has caused damage to critical organs. https://www.mayoclinic.org/dis... [mayoclinic.org]

    • "Switzerland is now considering having everyone wear masks in shops because our cases are rising again... but so our the numbers of tests done."

      Really? Your testing is up?
      You did 112,594 tests per million, while even tiny Luxembourg did 1,182,146 per million.

    • by e3m4n ( 947977 ) on Thursday August 27, 2020 @08:01AM (#60446034)

      I look at deaths and hospitalizations per capita. Unless you are going to mandate every person test weekly, the number of positive is not a statistically relevant measure. I talked with a nurse at a testing facility. She was angry because if you tested positive, and came back in 2 weeks to see if you were clear, and tested positive again, that is counted as a NEW case. Its totally fucking up the positivity rate.

    • Re: (Score:2, Informative)

      by Archtech ( 159117 )

      Switzerland is now considering having everyone wear masks in shops because our cases are rising again... but so our the numbers of tests done.

      Meanwhile, the daily death rate is between zero and 2, seldom 3. that's individuals, not percent or anything.

      The incubation period for Covid-19 is widely cited as 2-14 days. (Very occasionally longer).

      The median time from first symptoms to death is 18.5 days.

      So it seems very likely that if a person is still healthy a month after a positive test or showing symptoms, that person has shaken off the virus or recovered.

      Doesn't that imply that, if deaths don't track "infections" with a lag of one month at most, the "infections" were trivial or false?

      • by raymorris ( 2726007 ) on Thursday August 27, 2020 @08:16AM (#60446082) Journal

        > Doesn't that imply that, if deaths don't track "infections" with a lag of one month at most, the "infections" were trivial or false?

        No. It isn't a choice between either "dead" or "trivial/false".

        After wishing you could just die and get the agony over with, a COVID patient may be left with extensive damage to your lungs, heart, brain, and whatever additional damage hasn't been documented yet.

        It's kinda like being run over by a car - either your dead or it never happened?

    • by ljw1004 ( 764174 )

      And these days, the media will not let us forget that our cases are rising but I know of exactly one media outlet that will show ALL relevant graphs, including mortality displacement... and they put it on a sub-page, never to actually put their headlines into context.

      Could you link that please? I can guess what "mortality displacement" might mean, but I'd want to see a precise definition of what they're measuring.

      The graphs I've seen in mainstream media (Economist, BBC) are of excess deaths, which I reckon are the absolute non-negotiable non-twistable truths (so long as they're gathered reliably). They show that every country got a lot of excess deaths, and almost nowhere has the number of deaths dropped to below expected values. This seems like clearcut proof that the

  • Victoria has managed to cover up many causes - but the casual non-permanent 'gig' nursing home staff HAVE to work infected because otherwise they do not get paid for not turning up. In addition many work other shifts in other nursing homes, compounding the risks. And moving infected patients to hospital was basically not allowed, because it was too costly from the revenue angle. (now changed). The final reason is the Ivermection/Zinc/Doxycycline(100mg*5) treatment was never medically considered. The new DM
    • We had a case in a care facility in our town, and when they traced the contacts, they found it came from a worker who had another part-time job at a similar facility in a nearby city. Another worker at our local facility then spread it to yet another place where that worker also had a part-time job.

      The problem here is that all the assisted-living facilities try to keep the staff as part-time employees so that they don't have to pay benefits (mostly health care). This means most workers have two or three j

    • by _merlin ( 160982 )

      It's not the "DMV", that's an Americanism. It was previously the RTA (Road Traffic Authority), but it's been VicRoads for decades. Also, it isn't new number plates that say "THE PLACE TO BE" - they haven't been issuing those for years now. They changed to "VICTORIA - STAY ALERT, STAY ALIVE", and then changed again to the current "VICTORIA - THE EDUCATION STATE". The current one is still pretty ironic, considering the number of people getting caught doing dumb things.

  • We actually don't care about this sort of opinion and it makes the headlines worse.

    Anything that is good could have been done sooner and it would have been better. This sort of criticism has its own chapter in "Loserthink".

    Obviously the public doesn't get to hear anything until significant work has been done and a green light has been given to proceed.

    Half of the people will claim that the investigation is going off half-cocked anyway, rushed for political purposes.

Top Ten Things Overheard At The ANSI C Draft Committee Meetings: (1) Gee, I wish we hadn't backed down on 'noalias'.

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