Audit finds abuse and neglect in state care facilities

By Jacob Mathews | The Center Square

In audit of intermediate care facilities for individuals with developmental disabilities in Louisiana found major deficiencies related to abuse and neglect.

The facilities reported more than 4,000 incidents of actual or alleged abuse and neglect during fiscal years 2019-2023. The Louisiana Department of Health also did not properly ensure that these incidents were disclosed in a timely manner as over 1000 of them were not reported within 24 hours of discovery as required by state regulations.

Of those incidents, most were physical/mental abuse or neglect allegations, but some were sexual abuse (108) and misappropriation of funds/exploitation (79).

The agency initiated an investigation for at least 32 of the 4,698 reported incidents during fiscal years 2019 through 2023. The audit says the agency might incorporate multiple reported incidents into a single investigation.

Of the 2,084 allegations that were in the category of physical abuse, the facilities were unable to validate/verify 10.7%, substantiated 32.1% and unsubstantiated 57.0%.

There were 718 outside complaints submitted to officials during that same timespan. The yearly amount increased almost every year, with only 96 recorded in 2019 compared to 249 in 2023.

The state health department, which is responsible for holding facilities accountable, recorded nearly 5,000 deficiencies in facilities during their inspections in fiscal years 2019-2023. Of those, 614 were related to client protections, which include deficiencies related to abuse and neglect.

The audit administered by Louisiana Legislative Auditor found the agency improved on timely inspections of facilities, conducting 100% of all recertification surveys in fiscal year 2023 on time.

The audit suggested increasing fines for deficiencies to prevent these problems in the future. Although agency fined the facilities a total of $450,250 during fiscal years 2019 through 2023, maximum fines under state law have not increased since they were set in 1997.

The auditor’s office said the audit was in response to legislative interest, calls from concerned parents and the vulnerable nature of the population served. They cited a 2015 report by the National Center on Criminal Justice and Disability that said people with disabilities are four to 10 times more likely to be victimized than people without, and people with cognitive disabilities face the highest risk of victimization.

In fiscal year 2023, 501 facilities served approximately 4,122 residents in Louisiana.