Record Request Stalled On NJ's 'Makeshift Morgue' Nursing Home
SUSSEX COUNTY, NJ - For nearly six months, Sussex County officials say they have been trying to get information from New Jersey’s Department of Health about Andover Subacute and Rehabilitation I and II, which was cited for having a "makeshift morgue" at the height of the pandemic last spring.
The facility first entered the news cycle over Easter weekend in April after 17 bodies were removed from what officials referred to as a "Makeshift Morgue." The facility had upwards of 75 deaths and 250 total COVID-19 cases among patients and staff before the state switched over to the "confirmed deaths" reporting metric. A further breakdown with new numbers was unavailable as updated spreadsheets only show new infections and new deaths.
Sussex County Counsel Kevin D. Kelly made the first requests for information to New Jersey’s Department of Health and the information has been less than forthcoming. Since those initial requests it has now been over two months since the County of Sussex has received an update from the Department of Health on the completion status of these requests.
The Department of Health also did not return messages for comment.
Kelly made two Open Public Records Act (OPRA) requests to the State in May, the first
on May 1 and the second, May 12.
In his first request, Kelly asked for 19 different types of records pertaining to Andover
Subacute and Rehabilitation II including:
routine inspection reports from 2017 through 2020;
complaint inspection reports;
the state’s communications with Andover Subacute’s legal counsel Christopher Porrino;
complaints that the Department of Health received on its hotline since Jan. 1;
all OPRA requests the Department of Health has received since Jan. 1;
the facility’s personal protective equipment (PPE) inventory since Jan. 1;
all communications between the State and officials from the County of Sussex;
payments the facility purportedly made for civil penalties imposed on it in 2017
The second OPRA request made on May 12 from Kelly asked the state for directives
and orders long-term care facilities within Sussex County received from the Department of
Health, about acceptance and treatment of COVID-19 patients.
“If this were a municipality or a county, we’d be censured for failure to provide the
requested information,” said Sussex County Freeholder Herbert Yardley, who has been
following the issue at and outside of Freeholder meetings, about the lack of state response. “It
is outrageous the State hasn’t given us the reports about Andover Subacute.”
For months Gov. Phil Murphy has been giving leeway for state agency response for information requests via Executive Order No. 178. That order temporarily extends certain statutory deadlines across state government that require review and action by agencies before a specified deadline. The statutory deadlines, in addition to certain effective dates that are being delayed, are included in the accompanying Appendix to the Order.
Efforts summary:
On May 29, Kelly sent via Certified Mail, return receipt requested, follow-up correspondence to Genevieve Raganelli, OPRA custodian for New Jersey’s Department of Health, stating if no response was received by June 10 for the requests he had made, Kelly would seek authorization from the Sussex County Board of Chosen Freeholders to pursue the State of New Jersey legally in Superior Court for the responses.
On June 13, Raganelli responded, stating Kelly’s May 12 request had been closed, because she claimed it was sent to the incorrect office within the Department of Health, which she said was then forwarded to her in the correct office. She then asked for more time through June 29 to fulfill the requests made.
On June 24, she made similar allegations that the May 1 request had been re-routed to her, but rather than fulfilling the request, Raganelli directed Kelly to the State’s website, where she said he could look up the information he requested.
Kelly countered her claims in a response on July 6, including that under OPRA, it was insufficient for the State to provide information where Kelly should search; and instead, she needed to deliver the requested information. Additionally, he furnished a news article in his response that the State had already fulfilled OPRA requests to media outlets for Andover Subacute, requesting some of the same information.
On July 17, Raganelli responded to Kelly, advising she would need another extension until August 5 to provide him the information. Raganelli asked for a third extension on August 11, notifying Kelly she would need until August 19 to provide all of the requested information. To date, the County of Sussex has neither received follow-up correspondence from Raganelli nor another extension request.
Makeshift Morgue
The facility first drew attention last month after authorities responded to an anonymous tip that bodies were piled up at a "makeshift morgue," according to officials.
Murphy said that he is "outraged" by the reports, saying the idea that the deceased were treated this way "is completely unacceptable."
Andover Police Chief Eric C. Danielson said in a statement that the facility was overwhelmed.
"There were originally 17 bodies within the facility, of which two had been transported by a local funeral home, 13 transported via assistance from local EMS agencies to a refrigeration trailer located at Newton Medical Center and two deceased bodies remained at the facility for transport the following day (Tuesday)," he said.
Co-owner of the facilities, Chaim Scheinbaum, of Lakewood, sent a letter to authorities that Danielson shared. In it, Scheinbaum said that the backup and after hours holiday weekend issues plus more than average deaths contributed to the presence of more than normal in the facility holding room.
"According to the medical director, desired or normal capacity of the holding room is four with a maximum of 12," Scheinbaum said, noting that the medical director was "aware of the situation and in control at all times."
Within the new inspection report, CMS noted, "These failures in proper infection control practices had the potential to affect all residents in the facility through the development and transmission of COVID-19 and other communicable diseases. It was determined that the provider's non-compliance with one or more requirements of participation has caused, or was likely to cause, serious injury, harm impairment or death to residents."
When first contacted about issues at the Andover facility in mid-April, Gottheimer continued to request coordination, action, and resources from the State of New Jersey, FEMA, and the federal government to address COVID-19 outbreaks in long-term care facilities in North Jersey. Since learning of the crisis at the facility, Gottheimer has been in regular touch with New Jersey Department of Health (NJDOH) Commissioner Judith Persichilli and with the Governor's office. Gottheimer also asked the State and CMS to investigate the facility.
Gottheimer has also asked the Federal Emergency Management Agency (FEMA) to deploy National Guard and Reserves to assist North Jersey long-term care facilities in need, and he requested that the U.S. Department of Health and Human Services (HHS) deploy U.S. Public Health Service front-line health care workers.
Andover Subacute II was cited for variety of concerns including:
A resident was found on the floor by the bed, had fallen on the wet floor and obtained a small abrasion on the head. The resident was pronounced dead the morning the next day. The following is an excerpt from handwritten notes from the resident's physician: "Found dead this am…not performed Physical-COVID-19 test was done?...High fever for the last few days – that was not brought to my attention. Flu like illness, likely COVID-19."
Multiple patients with elevated temperatures and no documented clinical assessment or follow-up from medical staff;
Documented incidences of a patient under investigation (PUI) for COVID-19 being placed in a room with a resident who was asymptomatic. In one case, the PUI's test came back positive and only then was the resident moved to a different room;
Review of facility documentation found several missing elements including missing temperature logs for residents and a lack of documentation of resident symptoms;
A resident was documented to have a temperature of 104.9 on April 6. The following day, the resident's temperature was not documented at all. The resident was found unresponsive and pronounced dead on April 8. "No documentation of coronavirus monitoring was found regarding the respiratory symptoms which included coughing or shortness of breath assessment" for this resident;
On April 16, a resident was admitted to the hospital with respiratory failure and possible COVID-19. There were no documented notes in the resident's temperature log regarding their condition for the previous five shifts and no test had been ordered for the resident. The resident was subsequently intubated at the hospital;
Multiple instances of insufficient PPE usage and protection for staff in the facility.
History Of Issues
This is not the first time this particular facility has come under scrutiny, according to inspection reports.
Over the past three years the overall rating for Andover Subacute and Rehab II is one star, placing it "much below average." The health inspection during that time brought up five citations and also saw the facility one star. The health inspection star rating is based on each active provider's current health inspection survey and the two prior surveys, as well as findings from the most recent three years of complaints information and inspection revisits, records note.The records also indicated that many of the health violations were the result of complaints to the survey agency.
Records show the facility was also found deficient in:
telling residents, the resident's doctor, and a family member's of situations, such as injury or decline, that affect the resident.
honoring the resident's right to a safe, clean, comfortable and homelike environment
ensuring services provided by the nursing facility meet professional standards of quality
ensuring that a nursing home area is free from accident hazards and provides adequate supervision to prevent accidents.
'Screaming For Water'
Those violations did not come as a surprise to Nina Solomon, who told Patch she has a dear friend in the facility.
"Patients on her floor scream for two hours just to get water," she said. "There will be more deaths because no one cares about these people. They are dying without dignity."Solomon said more people, like her friend, could be next.
The facility also had a series of fire safety deficiencies in the records, such as not having elevators that firefighters can control in the event of a fire, not keeping aisles, corridors, and exits free of obstruction in case of emergency, improper usage of power strips and extension cords and not having an Emergency Preparedness Program, records show.
The Andover Subacute and Rehab II was also fined by the Federal government for these deficiencies. $13,905 in January 2019 and $7,673 in November 2017.
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This article originally appeared on the Hopatcong-Sparta Patch
