Monday, September 21, 2020

As coronavirus looms, Tennessee to resume visitation at nursing homes

Brett Kelman Nashville Tennessean

Tennessee will permit hundreds of nursing homes and similar facilities to resume visitation next month under significantly lessened coronavirus restrictions.

Starting Oct. 1, nursing homes and other long-term care facilities will be allowed to hold outdoor visits and limited indoor visits if they’ve gone two weeks without a new case of the coronavirus inside their walls, according to an announcement from state health officials.

The state will also allow nursing home residents to resume communal dining and some therapeutic and social activities, plus visits from barbers and beauticians. Once facilities have reached 28 days without an infection, they can open their doors to “essential caregivers” who help residents with intimate activities like feeding, bathing and dressing.

State leaders described the policy shift as a necessary evolution of a cautious strategy that saved lives but came with a high price.

“We know there is a great cost to pay when loved ones in a nursing home are isolated from their friends and family,” Gov. Bill Lee said Thursday afternoon. “After months of isolation, those costs mount emotionally, physically and otherwise.”

These new rules are a significant loosening of coronavirus restrictions, which currently prevent nearly all visits at almost every facility in the state, and a major pivot point in Tennessee’s recovery from the peaks of the coronavirus. Nursing home residents are among the populations most vulnerable to the virus, and outbreaks inside nursing homes are exceptionally difficult to stop, so these facilities have faced stricter regulation than any other kind of business.

Health Commissioner Dr. Lisa Piercey said the state’s cautious strategy had saved "dozens if not hundreds of lives," but that "has come at the expense of valuable time with loved ones, many of whom are in their twilight years.”

The restrictions have prevented some tragedy but not all. At least 536 Tennessee nursing home residents have died from the virus, according to state data, which is fewer than most other states. Nationwide, about 40% of all coronavirus deaths are residents and workers at nursing homes, but in Tennessee these deaths amount to only 25% of the statewide death toll.

Nursing home outbreaks span Tennessee from tip to tip. More than 7,500 infections have occurred in facilities in 90 of Tennessee’s 95 counties, and outbreaks have struck more than a dozen facilities in Nashville, Memphis and Knoxville — each. Even in Ducktown, a remote Appalachian mining community with only 500 residents, one nursing home has suffered 76 infections and nine deaths.

At least 20 facilities have been struck by multiple waves of the virus and are now combating their second, third and possibly fourth infection cluster, according to infection data published by the Tennessee Department of Health.

Until now, nursing homes have been permitted to have visitors only if they are in counties that meet a threshold few have been able to reach.

Visits were allowed in counties with fewer than 10 new infections per 100,000 residents over the past 14 days. On Thursday, only two counties — Scott and Hawkins — met this requirement.

As of Oct. 1, this threshold will no longer apply. County infection rates will no longer control visitation, and whether a nursing home can welcome visitors will hinge entirely on the number of recent infections inside of that particular facility.

At least some disease experts are wary about the change.

Before the new visitation rules were announced Thursday, Dr. James Hildreth, an infectious disease expert who leads Meharry Medical College, said he believed nursing homes could conduct safe visitation amid the virus, but it would be safest in counties where infections were few and far between.

“The lower the community levels of virus are, the safer it will feel doing that,” Hildreth said. “So, I honestly think that last metric we’ve got to tackle — cases per 100,000 residents — we’ve got to get that below 10 first.”

When asked how he would respond if this threshold were removed, Hildreth said he had “some concerns.”

“I would want to make sure some really rigorous protocols were put in place to protect residents under those circumstances, and they have to be strictly enforced,” he said.

Debbie Bolton poses for a portrait at her home in Gallatin on May 29, 2020. Bolton is the daughter of Clara Summers, a resident of Gallatin Center of Rehabilitation and Healing, who died of the coronavirus.

Despite concerns like these, the new visitation rules will likely be welcomed by thousands of families that have been kept apart for months.

Bobby Cogdell, 75, has in recent months struggled to spend time with his son, Lee, who is a paraplegic and lives in a long-term care facility in Camden.

Cogdell said the prolonged separation was so devastating to his son’s physical and mental health that he was at one point moved into hospice care and is now confined to his bed. Each week, Cogdell sits in a lawn chair outside his son’s window and they converse through the glass.

Soon, maybe, the glass will be gone.

“The separation has been as bad as the wreck that paralyzed him 32 years ago,” Cogdell said, beginning to cry. “I don’t think I could hurt any more than when I couldn’t see him. It was just absolutely terrible.”

Under the revised guidelines released by the state, visitors will still be required to follow restrictions. Regardless of if the visits occur outside or in indoor common areas, residents will be limited only two visitors who must pass a temperature screening and maintain a 6-foot distance. Visits will be capped at 45 minutes.

Visitors will be allowed to enter a resident’s room under only narrow circumstances: The resident is unable to leave the room; the visitor has a negative test within 72 hours; and the visitor has a negative point-of-care test at the nursing home facility.

Brett Kelman is the health care reporter for The Tennessean. He can be reached at 615-259-8287 or at brett.kelman@tennessean.com. Follow him on Twitter at @brettkelman.


Friday, August 21, 2020

Give Us the Ballot

 By Christina Clift

On Tuesday, November 3, 2020 Americans will once again have the opportunity to decide who will lead our country for the next four years by casting their vote.  No matter if you decide to step into a polling booth during early voting or on election day or vote by absentee ballot, you have the right to ensure that it can be done in secret and independently.  

In 1957, Dr. Martin Luther King Jr delivered his speech “Give Us the Ballot” at the Lincoln Memorial which advocated for giving African Americans the right to vote in the United States.  His speech is as relevant today as it was sixty-three years ago.  In recent years voter suppression has become more rampant through passage of voter identification laws, closing polling locations, and by continuing to deny people with disabilities the right to a fully accessible voting process.  

People with disabilities have the same right to cast their ballot independently and in secret, however barriers often prevent us from doing so.  During the August 6th election I visited my local polling location in Millington.  I signed in and notified the polling workers that I would require an audible ballot due to being blind.  They assured me that it would be handled.  Of course, I knew better since almost every time I go to vote it has never gone smoothly and I was not wrong this time.  

Once I inserted my card nobody started speaking in my headphones.  After working with the polling location judge for almost an hour, I still was not able to vote using an audio ballot.  So, I agreed to have sighted assistance.  Since my mother accompanied me to vote herself, she assisted me to cast my ballot.  Luckily, we voted for the same people.  

The polling location judge said, “I knew that you would be coming because you come every election and I made sure we were ready, but I wasn’t expecting it not to work.”

Being denied the right to cast my own ballot myself makes me feel that my vote isn’t important enough to ensure that polling workers receive adequate training on how to set up the machine or program the card.  Thankfully, I am stubborn enough to keep trying but many people aren’t.  They just decide not to vote.  Now more than ever you must vote like your life depends on it because given the COVID-19 pandemic it does.

"Give us the ballot and we will no longer have to worry the federal government about our basic rights ...Give us the ballot and we will no longer plead to the federal government for passage of affordable healthcare laws…...Give us the ballot and we will fill our legislative halls with men and women of good will ...Give us the ballot and we will place judges on the benches of our nation who will do justly and love mercy ...Give us the ballot and we will quietly and nonviolently, without rancor or bitterness, implement ...

Curtis Tillman adds to Martin Luther King Jr.’s speech “The Supreme Court’s Olmstead decision of June 22, 1999 and full implementation of the ADA.”

In a recent move the state of Tennessee provided an accessible method for blind individuals to cast their absentee ballot.  This was made possible by the efforts of advocates from Disability Rights of Tennessee, the National Federation of the Blind, and other advocacy organizations continuously demanding accessibility in voting.  

Now don’t get me wrong the process they put in place isn’t perfect, but it is a good first step.  Currently if you request an accessible absentee ballot, they will send it to you through email.  The ballot is a completable PDF document that blind individuals can fill out using their computer without assistance from anyone.  However, here is where it becomes inaccessible, you have to print and sign your ballot.  This requires sighted assistance.  As a result, your vote is no longer private and can’t be done independently.  It also leaves out people who do not have a computer or internet access.  

Accessibility must be ensured throughout all methods of voting.  Polling stations must be accessible to people who use mobility devices, machines need to be in working order and accessible to people who can not read regular print and adaptable for people who can not reach or touch the screen from a standing position, and absentee voting processes must be made accessible from requesting the ballot, to filling it out, signing it, and sending it back through the mail.  If one of these things are not accessible then voting is not a right that all Americans can exercise.  

Wouldn’t it be great if we could all cast our vote by dialing in and pushing a number for our candidates or to receive an absentee ballot we could do it online and sign it electronically?  Now I know that many people worry about voter fraud, but there has to be a simpler way for us all to vote while ensuring that it is secure from threats and fraud both within and outside our borders.

It will be up to all people with and without disabilities to demand that our government “give us the ballot” and to ensure that no matter who you are that it is an accessible process for all to participate in.  

“So, pack your dinner and maybe a breakfast because the wait might be long…but get out and vote” is a line from former First Lady Michelle Obama’s convention speech given on August 17, 2020.  

As for myself, I will once again return to my polling location and hopefully the promises made by my polling location judge will come true that I will be able to cast my vote in secret and independently in November.  

Just like Dr. Martin Luther King Jr. you can demand that the government “give us the ballot” by voting, so make sure that you are registered and know where you can go vote because now more than ever that right is not secure and can be taken away from those in power.  You can call the Shelby County Election Commission at (901) 222-1200 or by visiting govotetn.com.


Friday, July 3, 2020

Hospital Visitors

Good News on Hospital Visitor Policies!

Disabled people have been facing discriminatory “no visitor” policies in hospitals across the country. These policies are in place to keep people safe during the COVID-19 pandemic, but they have prevented people from receiving critical support and assistance from family members, friends, support workers, or others. Accommodations to these policies are required by law, but states and hospitals across the country have been refusing to make such accommodations and abide by the law.  
The first federal complaint (PDF) challenging these policies was filed in Connecticut by Independence Northwest: Center for Independent Living of Northwest CT, Disability Rights Connecticut, CommunicationFIRST, the Arc of Connecticut, Center for Public Representation, and the Arc of the US. Last week, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) announced a resolution
The resolution is a huge win, and while it is specific to Connecticut’s policies, its implications are nationwide! The resolution makes clear that no-visitor policies are a violation of federal law, and that the law requires states to modify policies and practices to ensure people can access the supports they need while hospitalized. As part of the resolution, Connecticut issued an executive order (PDF) which, among other things, established a policy requiring hospitals to permit entrance of a designated support person into hospitals and permitting family members or others to serve as a designated support person.  
This resolution sends an important message to other states that still have no-visitor policies in place that such policies are illegal and must be modified. And importantly, it affirms that disabled people are still entitled to reasonable accommodations during the COVID-19 pandemic.
Resources
  • Green Mountain Self Advocates and the Autistic Self Advocacy Network (ASAN) have produced a video and guide (PDF) called “Know Your Rights: People with Disabilities Can Have a Supporter in the Hospital during COVID-19”.
  • The Center for Public Representation has a web page dedicated to this issue, including advocacy tools, resources, and a list of which states currently provide exceptions to “no visitor” policies for disabled people. 

Wednesday, July 1, 2020

ADA does not exempt anyone from face mask requirements

June 30, 2020
The U.S. Department of Justice (DOJ)
Johnny Cash wears a MCIL face mask
Assistant Attorney General for the Civil Rights Division Eric Dreiband reiterated today that cards and other documents bearing the Department of Justice seal and claiming that individuals are exempt from face mask requirements are fraudulent.
Inaccurate flyers or other postings have been circulating on the web and via social media channels regarding the use of face masks and the Americans with Disabilities Act (ADA) due to the COVID-19 pandemic. Many of these notices included use of the Department of Justice seal and ADA phone number.
As the Department has stated in a previous alert, the Department did not issue and does not endorse them in any way. The public should not rely on the information contained in these postings.
The ADA does not provide a blanket exemption to people with disabilities from complying with legitimate safety requirements necessary for safe operations.
The public can visit ADA.gov or call the ADA Information Line at 800-514-0301 (voice) and 800-514-0383 (TTY) for more information.