Maine
Use of antipsychotics in Maine nursing homes climbs
Sherri Parker, assistant director of nursing at Caribou Rehab and Nursing, recalled a woman who came to her facility and was so sedated by the prescribed antipsychotic medication she had been taking at home that they couldn’t keep her awake for therapy because “she’d fall asleep in front of you.”
Parker, who handles gradual dose reductions at the nursing home, said she worked with a doctor to wean the woman off the medication. By the time the resident transferred back home two months later, “she was a completely different woman,” Parker said — able to eat on her own and be home alone while her husband went to work.
“I’ve seen a stopped antipsychotic medication on many people and sometimes I’m like, ‘Wow, they’ve actually done really well.’ That just goes to show me that it really wasn’t necessary to keep them on that,” Parker said.
But in recent years, she has seen an increase in these medications. At the end of last year, while reading referrals from the hospital for new residents, Parker said nearly every one had a prescription for an antipsychotic medication. She said it’s likely they were prescribed the medication while living at home or when they went to the hospital before ending up at her nursing home.
Statewide data shows the percentage of Maine nursing home residents receiving antipsychotic medication is increasing.
While the rate for short-stay residents, like the one Parker recalled, is relatively low, Maine’s rate for long-stay residents is higher than the national average. Short-stay residents are in a nursing home for less than 100 days, often recovering from surgery or being discharged from a hospital, according to the U.S. Centers for Medicare and Medicaid Services.
In the years after federal regulators cracked down on rates of antipsychotic medication given to long-stay nursing home residents, Maine became a success story, dramatically reducing its rate between 2011 and 2017 from 27 to 17 percent.
But since then, Maine’s rate has crept back to 20 percent, higher than the national average of 14.7 percent and the sixth-highest across all states, according to the U.S. Centers for Medicare and Medicaid Services. Among all American adults, the rate of antipsychotics was less than 2 percent.
Antipsychotics are a type of medication, including Risperdal and Seroquel, designed to manage psychosis and delusions. They’re often given to patients with a diagnosis of schizophrenia or bipolar disorder. The side effects can be severe, including tremors, heart and circulatory problems, high cholesterol and sedation. They can be particularly problematic for older adults, even potentially shortening the lives of nursing home residents by increasing the risk of drowsiness, confusion and falling, said several experts.
CMS data on nursing home rates of antipsychotics exclude people diagnosed with schizophrenia, Tourrette’s Syndrome and Huntington’s Disease.
“Antipsychotic medications are especially dangerous among the nursing home population because of their potentially devastating side effects, including death, and the use of antipsychotic medications among nursing home residents is an indicator of nursing home quality,” a CMS spokesperson told The Maine Monitor.
Treating an episode, not a behavior
Dr. Susan Wehry, associate clinical professor at the University of New England in Biddeford and a board-certified geriatric psychiatrist, said there are times when antipsychotic medications are necessary to prevent a resident from harming themselves or others, but those occasions are rare.
“I understand an acute need for using a chemical restraint, but call it what it is: This is not treating a behavior; this is treating an episode of agitation that you can’t figure out how to address another way,” Wehry said. “You’re basically sedating the person.”
Wehry said what is often depicted as challenging behaviors from residents with dementia is actually the resident trying to communicate an unmet need. They may not have the language to say what they want, so rather than sedating the resident, it’s important to find out the cause of their frustration, she said.
Parker, with Caribou Rehab and Nursing, said she’s seen residents come off these medications and become more alert, social and talkative. And sometimes there’s no change in behavior, which she said begs the question why the resident needed to be on the medication in the first place.
As of this month, roughly 19 percent of Caribou Rehab and Nursing residents were on antipsychotics, slightly below the statewide average. Parker recalled when their rates were 5 percent and how proud she was, but said the numbers can fluctuate as admissions come in with pre-existing prescriptions.
“I tried really hard with my antipsychotic numbers to be down, and then just slowly they crept up again as we took admissions,” Parker said. “I would love to see my numbers come down and I know those are some things we have to work on.”
Multiple experts and advocates point to a number of explanations for Maine’s rising statewide average, such as staffing shortages and reliance on temporary agency staffing, diminished attention to the problem, MaineCare underfunding for nursing homes, and the all-consuming nature of the COVID-19 pandemic, which demanded more attention on infection control.
Staff who are overwhelmed with duties or haven’t had time to build relationships with residents may turn to medication rather than spending time on de-escalation techniques when residents have challenging behaviors.
“It’s a disappointment to see the rates have increased because I know we can do better,” said Brenda Gallant, Maine’s long-term care ombudsman who advocates for nursing home residents and their families.
Gallant was part of the coalition in 2012 that led the effort to reduce Maine’s rates of antipsychotics, with Wehry and numerous other advocates, providers and organizations.
Multiple people involved in that effort said the success was due to the commitment of a broad coalition that involved statewide trainings, workshops, mentoring programs, grants for innovative programs like Music and Memory, and resources such as a handbook for providers.
The guidance urged providers to take a holistic approach to treating dementia patients, which included education for family members on the risks associated with the medication, staff training programs that identify specific areas of competency and a collaborative transition process with hospitals.
“Initially, we were leaders,” Gallant said, adding that at one point Maine was ranked the seventh-most improved state in 2016, according to federal data cited at the time by the Maine Partnership to Improve Dementia Care in Nursing Homes.
Nationally, the rates during that time decreased from about 24 percent in 2011 to 14.3 percent in 2019, while Maine’s crept back up. But this data also can lag slightly: the collection period for the current data on this quality measure was Oct. 1, 2022 to Sept. 20, 2023.
“The tip of the iceberg”
In recent years, some experts have become concerned about an overreliance on medication for older adults, including Dr. Jabbar Fazeli, who has served as medical director for multiple nursing homes and assisted living facilities in Maine. He said antipsychotics could be the “tip of the iceberg,” and that facilities also use mood stabilizers and sleeping pills as a way to sedate residents.
Fazeli served as co-chair of the Maine Partnership to Improve Dementia Care in Nursing Homes and has been outspoken about reducing overreliance on medication for older adults. Before the federal government decided to focus on the issue, it was difficult to push back against a “pervasive” culture of using antipsychotic medications, Fazeli said.
Durgin Pines in Kittery, where Fazeli served as medical director for more than a decade until last month, maintained a rate of antipsychotic medication that was always below 5 percent, he said. Currently the facility has a rate of 4.2 percent, according to the Centers for Medicare & Medicaid Services. Fazeli said the success was dependent on a joint effort with the director of nursing, assistant director of nursing and the administrator to try all other options before resorting to an antipsychotic medication.
In recent years, lawmakers and the federal government have also become concerned about nursing homes “erroneously” claiming residents had schizophrenia as a way to “mask the facilities’ true rate of antipsychotic medication use,” the agency said in a release last year. CMS conducted onsite surveys to look at schizophrenia diagnoses and conducted audits of how nursing homes coded these residents.
An oversight organization said this does not appear to be a problem in Maine. The nonprofit that provides quality improvement organization services in New England, Healthcentric Advisors, said it has “thoroughly analyzed” Maine data and determined the state is not seeing an increase in schizophrenia diagnoses.
Fazeli added that in his 26 years in geriatric care, Maine is better than most other states, including those he worked in like Missouri, Massachusetts, Connecticut and New Hampshire.
But after a lot of initial energy in Maine, attention on the issue slowed, especially during the pandemic, Gallant said.
Many said the pandemic was all-consuming for nursing home providers, making it difficult to keep the focus on reducing antipsychotics while keeping up with evolving regulations and caring for residents who were forced to be quarantined.
Wehry, the geriatric psychiatrist, said it was understandable for rates to climb back up in the first months of the pandemic, but “that’s no longer an adequate excuse.” She said a lot of nursing homes reverted back to institution-centric care that forces residents to conform to their environment rather than create an environment that works for them.
“I think it’s broader than just the individual person who’s getting the antipsychotic. I think the culture change, which people worked so hard to introduce, also backslid in the pandemic,” Wehry said.
Ruta Kadonoff, who worked for the national nursing home industry group during the 2012 effort to reduce antipsychotic medication, and traveled across the country providing education on the issue, said Maine’s biggest challenge is workforce shortage.
Staff need adequate training on how to “get inside the world of a person with dementia,” time to work with a resident who is upset or struggling to communicate a need, and support to provide person-centered care that allows them to build relationships with residents. None of that is possible in a facility that is understaffed, has high turnover or relies on temporary agency staffing.
“Until we address that, I don’t think it’s realistic to think we’re going to address other quality issues,” Kadonoff said. “It’s a bandaid to try to address other things without dealing with the underlying fact that we just don’t have the people to provide this care and to do it well.”
Healthcentric Advisors, the quality improvement organization, said it has been meeting with the long-term care ombudsman and the Maine Health Care Association, which represents the state’s nursing homes, about refocusing attention on this issue. They plan to update and reintroduce training modules that condense the most useful tools and resources, which will be rolled out in late fall.
The Maine Department of Health and Human Services said it has identified the increasing use of antipsychotics in nursing facilities and encouraged the stakeholder group to reconvene along with nursing facilities administrators and medical directors. In January, DHHS published a stakeholder group report, Improving Quality in Maine’s Nursing and Residential Care Facilities, and noted that “this metric is likely to be among those tied to reimbursement as part of nursing home payment reform,” spokesperson Lindsay Hammes said.
Gallant, the ombudsman, said it’s important to return attention to this problem “if we want to make progress and get back to the place that we had initially in terms of really being leaders. I think that should always be our goal: to do the very best that we can for residents in our nursing homes.”
Maine
Citizen’s initiative wants to roll back recreational cannabis use in Maine
Maine
Maine Commission releases first recommendations to combat growing deed fraud threat
PORTLAND (WGME) — Maine has spent the past two years grappling with a rise in deed fraud schemes.
The CBS13 I-Team first began investigating after an elderly man didn’t receive his tax bill and learned someone had transferred his property without his knowledge.
Since then, multiple landowners have come forward saying something similar almost happened to them. Our reporting has uncovered for-sale signs posted on land, fake driver’s licenses and signed agreements to transfer deeds; all tied to scam attempts.
Maine has spent the past two years grappling with a rise in deed fraud schemes. (The Nathanson family)
The growing pattern prompted a state commission to issue new recommendations aimed at stopping the fraud.
Landowners say scam nearly cost them their property
Two summers ago, Cheryl and Ralph Nathanson learned their land on Little Sebago Lake had been put up for sale online.
“We could have lost our property,” Cheryl Nathanson said.
The Nathansons, who live in Connecticut, were stunned when they discovered a fraudulent listing for their Maine plot.
“We notified the police and they said they can take a report on it but that there’s nothing they could really do,” Ralph Nathanson said.
Police told them it was a classic case of deed fraud: scammers posing as property owners, listing land they don’t own and disappearing with the cash.
The couple was advised to sign up for property alerts through the Cumberland County Registry of Deeds, but quickly learned those alerts offered little protection.
“You can register for the deed fraud but it only informs you, by email, after the deed has been transferred. So it’s basically worthless,” Ralph Nathanson said.
A realtor lists their property…. Again
The following summer, the Nathansons discovered a real estate sign had been placed on their land.
“I was notified by a neighbor that there was a for-sale sign, a realtor for-sale sign, on our land,” Ralph Nathanson said.
A realtor from Old Orchard Beach had unknowingly entered into an agreement with someone impersonating the couple.
“Some of the information was correct, some of it wasn’t. You can get anything off of Google,” Cheryl Nathanson said.
Ralph Nathanson remembers confronting the agent.
“You are selling my property and I’m not selling the property,” Ralph Nathanson said. “The phone went silent.”
Despite the ordeal, the couple believes they were lucky to have seen the sign, knowing how bad these schemes can get.
State commission concludes work on deed fraud
“Currently, you all might be landowners and your land might be at risk, and you might not know right now that somebody has sold your land,” Jane Towle with the Real Estate Commission said, during the final meeting of the Deed Fraud Commission.
This fall, a state commission of stakeholders convened to examine ways to prevent deed fraud in Maine.
The Nathansons urged the commission to go beyond awareness campaigns.
CBS13 I-Team Reporter Stephanie Grindley: “You think the state should act beyond just awareness?”
Cheryl Nathanson: “100%.”
Ralph Nathanson: “Absolutely. I think the state of Maine has a responsibility to protect landowners.
But not everyone in the meeting agreed on the scope of the problem.
Attorney General calls deed fraud a low-priority scam
In the final meeting, Attorney General Aaron Frey remained staunch in his skepticism, saying complaints of deed fraud are still relatively rare.
“What we’re seeing for people getting hurt and losing money, this would probably not be the thing I want to highlight over other scams that are happening right now that are actually costing people their retirement savings,” Frey said.
Sen. Henry Ingwersen of York, who spearheaded the commission, sat down with the I-Team following the final meeting.
Grindley: “During the meeting, I did hear the Attorney General essentially call this a non-issue. His office isn’t getting complaints. He doesn’t see a bunch of consumers loosing money to this. Has that changed your stance?”
Ingwersen: “We’ve had three that have really been highlighted just in southern Maine. We haven’t heard a lot from around the rest of the state, but there has been some, so I think that even though it’s rare, we really need to address it.”
“I was pleased that we did come up with a couple of recommendations that we’re going to put in the report,” Ingwersen said.
Key Recommendation: Verify the seller’s identity
The first area of agreement among most, not all, stakeholders would legally require listing agents to verify a seller’s identity.
“The way it is now, it’s best practice. And a lot of professionals are doing best practice,” Ingwersen said. “The red flags in deed fraud are cash sale, land only, a quick sale at below-market value If we had realtors really paying attention to those red flags but also a policy that would require them to check the identity of the fraudulent seller, or of the seller, thoroughly, I think it would prevent, even if it prevented one instance of deed fraud, I think it would be very helpful.”
The commission did not outline exactly how identification should be verified.
“We didn’t really specify what that identification process was going to be. We’re leaving that up to rule making,” Ingwersen said.
Second Recommendation: Easier path to undo a fraudulent deed
Currently, the only way to reverse a fraudulent deed in Maine is to go to court.
The commission proposes allowing an attorney to file an affidavit with the registry.
“Allow an attorney to file an affidavit with the deed recorder that would allow the deed to be, the fraudulent deed, to be nullified in a way that is a little bit quicker than we currently have,” Ingwersen said.
The recommendations will now head to the Legislature’s Judiciary Committee. Any legislative change likely wouldn’t take effect until 2027, if the proposals make it into a bill and then survive a vote.
“I think we made some good progress, but I don’t think this is going to go away. I think this will continue,” Ingwersen said.
Landowners fear fraud will try until it succeeds
“We were thinking, do we take a loan out on it just to secure it?” Ralph Nathanson said.
As the legislative process begins, the Nathansons say Maine cannot wait. They fear it’s only a matter of time before a sale of their land goes through.
“To lose land like this or to find out that their land is now gone, I just can’t imagine that,” Ralph Nathanson said.
Ideas Left on the Table: Title Freeze and National Guidance
Several proposals failed to gain traction, including a “title freeze.” a concept similar to a credit freeze that would allow a landowner to lock their deed from unauthorized transfers. Maine could have been the first state to pilot it, but members said they lacked enough information.
Instead, they pointed to national group studying deed fraud. The Uniform Law Commission is drafting model legislation that states, including Maine, could adopt to better protect landowners.
Maine
Charter Communications lays off 176 Maine employees
PORTLAND, Maine (WGME) — Charter Communications, which owns Spectrum, is laying off 176 workers in Maine.
A company spokesperson said 176 employees were informed on Wednesday about the layoffs.
Charter Communications said it is transitioning the work done at the Portland call center to other U.S.-based centers effective immediately.
“Employees may relocate in their current role to select customer service locations and are eligible for relocation benefits. They will continue to receive regular pay for 90 days; severance and eligible benefits will begin afterward for those who do not relocate. Impacted employees may also apply for any open role for which they are qualified,” a company spokesperson said.
According to the Press Herald, the layoff is about a quarter of their Maine workforce.
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