Thursday, December 19, 2002

BY SUSAN K. LIVIO
Star-Ledger Staff

The managers of a Haddonfield facility for developmentally disabled children must fix problems and improve care by Jan. 2 or the state will ask a judge to put someone else in charge, officials said yesterday.

While Bancroft NeuroHealth has made some progress in the six months since state inspectors identified deficiencies and ordered corrections, follow-up inspections in September and November found that key problems persist.

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Bancroft has repeatedly failed to investigate patient injuries, excessively used restraints to correct behavioral problems, and prescribed medication without documentation or parental consent, state officials said. Some professionals did not hold the degrees or licenses they purported to hold.

Health and Senior Services Commissioner Clifton R. Lacy issued an ultimatum Tuesday to Joseph J. Hess Jr., president of Bancroft NeuroHealth, warning that the state will go to court to seek appointment of a "receiver," or independent administrator, if the problems are not resolved in the next two weeks.

"We feel we have been reasonable by giving them ample opportunity to correct the deficiencies," said Assistant Commissioner William Conroy. "We think this is a strong opportunity for them to rally and come into compliance. We think they are capable of doing that."

Bancroft officials were "dumbfounded" by the state's threat to go to court, said company spokesman Paul Healy. He said the company is getting conflicting signals from two state departments -- Human Services, which conducts the inspections, and Health and Senior Services, which licenses the facility.

"The actions of the department of health really blindsided us. We are at a huge loss to explain it, given the progress we have made and the positive feedback we have received" from the Department of Human Services, Healy said. He said the company will seek an extension of the new deadline.

"They've given us two weeks over the holiday season, and that is an extremely hard task. But we are working around the clock to meet that deadline," Healy said. "We are hoping the department of health will revisit the issue and extend the deadline."

The state's threat of action against Bancroft comes at the same time it is working to correct problems at its own institutions for disabled people. Federal monitors over the last 18 months have investigated several state facilities and in some cases threatened to withhold Medicaid money from them.

Bancroft NeuroHealth was founded in 1883 and is world-renowned for treating developmentally disabled and brain-injured people of all ages who have serious behavioral problems. In Haddonfield, its pediatric and adolescent campus and its neurobehavioral unit, the Lindens, accommodate 66 youths. Along with residential rehabilitative programs in other states, Bancroft serves more than 900 people.

The Haddonfield site came under close scrutiny from state inspectors after the Feb. 6 death in a Philadelphia hospital of 14-year-old Matthew Goodman of Buckingham, Pa., a resident of the Lindens. His parents contend that heavy medication and physical restraints used at Bancroft compromised his immune system and contributed to his death from pneumonia, a blood infection and respiratory distress. State investigators confirmed that the autistic boy had been improperly restrained and at times left unattended, but did not link his treatment to his death.

After inspections in April turned up problems, the state fined Bancroft a record $126,700 in July and ordered corrections. It also fined the company $2,500 for improper treatment of Matthew.

While working on improvements, Bancroft has challenged some of the complaints and appealed the fine.

Human Services officials agree that they have seen some progress. The buildings are better maintained, the facilities cleaner, and fire codes more closely followed, department spokeswoman Pam Ronan said. Far more attention is given to the programs and the treatment plans that guide residents' daily lives, she added.

Healy said Bancroft and Human Services officials met last week and agreed on a timetable for some of the remaining corrections to be made by late January.

The state's position hardened after a meeting Monday among disgruntled parents, the commissioners of Human Services and Health and Senior Services, and state Assembly members Loretta Weinberg (D-Bergen), William Payne (D-Essex) and Mary Previte (D-Camden). The lawmakers demanded that the state hold Bancroft accountable sooner rather than later.

"They have been given more than enough time," said Weinberg.

"We are at the point where we are out of patience with the failure of Bancroft to improve the conditions there," Payne said.

If the state does file an application for receivership, the health department, through the Attorney General's Office, would submit to a judge a list of people who could be appointed to take over day-to-day finances and management of the facilities in Haddonfield.

Healy defended the progress Bancroft has made.

"The positive changes are beginning to be seen. But it's a situation involving large, systemic issues. We will show improvement, but it will be over time. It takes training of staff and we are doing that now. We are involving families more now," he said.

Many of the parents who entrust their children to Bancroft's care agree. Seven parents are scheduled to meet with the state health department today to show their support for Bancroft, said Karen Ellen Stone of Maple Shade, whose 29-year-old son lives in a supervised townhouse.

"We represent the whole residential community of Bancroft, and we want the state to know we are very pleased with the care they get," Stone said. "There's problems everywhere, but as parents, we are becoming more involved with solving the problems."

Parents are planning a staff appreciation night with gifts and food, Stone added. "They are our heroes."

Susan K. Livio covers health and welfare issues. She can be reached at slivio@starledger.com or (609) 989-0802.