Officials try to disprove BSDC allegations

The Associated Press

OMAHA -- State officials tried to disprove allegations of deficiencies at the troubled Beatrice State Developmental Center at a hearing starting Wednesday that puts at stake $29 million in federal funding.

Lawyers for the state picked through circumstances under which the center was cited and whether it was warranted.

The hearing before the U.S. Department of Health and Human Services Departmental Appeals Board will determine whether the federal government will terminate funding for Medicaid reimbursement at the Beatrice hospital. The funding amounts to about $29 million annually.

Expert witnesses argued that mistakes in any clinical setting are expected.

“No one in human services achieves perfection ... 100 percent is the goal, but we all fail,” said Dr. Thomas Kastner, an expert on facilities like the Beatrice center who was called as a state witness.

But Judge Carolyn Hughes wanted to know what is considered acceptable. She detailed cases including one client who was slapped loud enough for it to be heard 40 feet away and another who had seven instances of unexplained injuries in a two-month span.

As of earlier this month, the hospital was home to 252 developmentally disabled patients. The state says it is trying to transition patients out of the hospital and into community centers.

A Justice Department investigation uncovered about 200 cases of alleged neglect and abuse at the hospital from late 2006 to late 2007.

In June, the state agreed to a settlement with the U.S. Justice Department to avoid prosecution and financial penalties for the hospital’s problems.

At the time, the Justice Department said state officials had demonstrated a commitment to address the needs of the center’s residents.

As part of the deal with the federal government, the state was to allow an independent expert to make regular visits to BSDC to verify conditions are improving.

The hearing before the appeals board is expected to stretch into Friday. HHS spokeswoman Jeanne Atkinson said there was no firm timeline for a decision.