Today, the Disability Law Center (DLC) and the National Health Law Program (NHeLP) are submitting a complaint to several federal agencies that alleges the Utah Department of Health and Human Services (DHHS) has failed to provide adequate oversight in long-term care settings for more than a decade, leading to the harm of Utahns with disabilities. The complaint will be submitted to the Centers for Medicare and Medicaid Services, the Office of Inspector General, and the Office for Civil Rights within the U.S. Department of Health and Human Services.
For nearly a decade, the DLC has repeatedly asked Utah’s Department of Health and Human Services (DHHS) to address the systemic failure of its oversight agencies to fulfill their fundamental duty to protect the health and safety of people receiving long-term services and supports. We are concerned that federal dollars are being spent to monitor and pay facilities that are known by the State not to meet minimum health and safety standards, including facilities receiving enhanced Medicaid reimbursement rates under the Upper Payment Limit demonstration. DHHS has failed to meet its minimum obligations to ensure that the conditions of participation are met through its survey agency, that the health and welfare in community settings is maintained, and that individual rights are protected. Investigations by DHHS fail to identify clear instances of abuse and do not take appropriate action to ensure facilities remediate or cease operations (and do not reappear under a different name). NHeLP and the DLC request assistance to address these significant systemic failures of Utah DHHS.