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+ Heritage House 5
ADAPT (11)
The Denver Post Denver Post PHOTO: A thin young man (Mike Smith) lies in bed wrapped in sheets. His long dark hair is laid out on the pillow above his head, and his dark eyebrows, beard and moustache frame his features. He looks with a burning intensity up and someone (mostly out of the picture), who is holding a book. caption reads: MIKE SMITH WATCHES AS AN ATTENDANT READS SOME OF HIS POEMS. He is confined to bed at Atlantis Community, which was plagued by foulups. [Headline] MIKE SMITH'S' DREAM [Subheading] Atlantis Battles Delay, Foulups By FRED GILLIES Denver Post Staff Writer "Realize...Realize..." The words came in a strange, guttural tone from the young man lying semiconscious on the bed, breathing life-giving oxygen through tubes running from a tank nearby. Mike Smith, 21, had been severely drained by the ravages of muscular dystrophy, his grim companion since birth. Yet, early last week as Mike lay unconscious for the third day, he seemed to radiate a private kind of peace and serenity in this small bedroom overlooking a busy Denver highway. Realize. . . For Mike Smith, realization of the promise and the hope of freedom for himself and seven other handicapped persons came when they became the first residents of the Atlantis Community, opened June 1 at the Las Casitas Housing Development in southwest Denver. At Las Casitas, in a pioneering experiment in personal fulfillment, they reside in their own apartments, set their own rules, and, as far as the handicapped can, manage their own lives. Gently, an attendant stroked Mike’s forehead, bent near him and whispered words which only he might have heard. His mother, Mrs. Joanne Davis, stood nearby and said Mike had “come home” to the place where he wanted to be, to the freedom he had sought so long for himself and other handicapped persons. But a threat to this hard-won freedom arose shortly after Atlantis was started. Mike and four other handicapped persons at Atlantis found they had become victims of the slow-moving, computerized bureaucracy of the federal Social Security Administration. And unnecessary hardships and worry had been created for the Atlantis residents by on incredible delay on the part of the U.S. postal system in Denver and the acknowledged poor judgment of a Lakewood nursing home. Mike and the four other Atlantis residents were depending heavily on their Social Security checks to pay for their food, rent, attendants’ services and other expenses at Atlantis. But these checks didn't arrive on time early in June. Atlantis officials obtained some emergency financial help, partly through Denver's food stamp office, but it wasn't enough. And one day early last week, an attendant at Atlantis was trying to plan a dinner meal which he hoped would cost about 40 cents for each Atlantis resident. But it shouldn't have come to this point of desperation. [Subheading] PLANNED CAREFULLY Mike, other Atlantis residents and staff members had planned carefully for this major change in their lives. In mid-May, they had contacted the Social Security Administration in Lakewood, detailing their plans and indicating they would be leaving their nursing home and beginning a new way of life. This change would make them eligible for higher Social Security payments to meet their increased expenses. Social Security officials in Lakewood accepted this information for input in the administration's national computer. And at that time, a Social Security official at the Lakewood office also advised the handicapped persons to file change-of-address cards with the Denver Post Office. If this were done, the official said, the handicapped persons' Social Security checks would be sent on time to Atlantis, rather than being held up at the nursing home which most of the eight handicapped persons would be leaving June 1. Wade Blank, Atlantis‘ co-director, took completed change-of-address cards for all future Atlantis residents to the South Denver postal station, three days before the changes were to take effect. And a South Denver postal employee said there should be "no problem" in forwarding the handicapped persons' Social Security checks to Atlantis early in June. [Subheading] SYSTEM FAILED But from that point, the system failed miserably. Four Social Security checks for Atlantis residents weren't forwarded to them at their Atlantis address early this month, but went instead to their old address at the Heritage House Nursing Care Center in Lakewood. A Heritage House clerk, although aware of the handicapped persons move to Atlantis, sent three of the checks back to the U.S. Treasury in Birmingham, causing computer delays [unreadable] in issuance [unreadable] checks. [unreadable] Social Security [unreadable] up at a garage [unreadable] street from Atlantis. This check either had been addressed incorrectly at Heritage House or delivered by the postman to the wrong address. An employee at the garage [unreadable] carried the check to Atlantis. [unreadable]the long postal [unreadable] involving the [unreadable] change of address cards. It took 13 days [unreadable] cards to make the 10 min journey from the South Denver postal station to the Belmar station by way of the post office's Terminal Annex. At Belmar, employes didn't follow postal regulations and send these cards immediately to Heritage House. This was not done until June 12, after an Atlantis representative contacted Belmar postal officials about the check delays. Responding to Denver Post inquiries, postal officials said they couldn’t explain the 13-day delay. [Subheading] RETURNED CHECK Another handicapped person, at Heritage House and then at Craig Rehabilitation Center before coming to Atlantis, didn't receive his Social Security check for June because Heritage House sent his May check back to the U.S. Treasury. This action placed the handicapped person's file "in suspense"- delaying issuance of future checks. Local postal and Social Security officials have told The Post they are -"distressed" over these situations. "It shouldn't have happened... I agree with this 100 per cent," said Thomas O'Halloran, administrator at Heritage House. But he said the Heritage House clerk was “just following my orders" to return checks to the sender when no forwarding address is available. However, O'Halloran acknowledged that the clerk knew of the Atlantis project and knew that the former Heritage House residents had gone to Atlantis. The clerk's judgment to send the checks back to the U.S. Treasury, rather than to Atlantis, "was not proper at that time," O'Halloran said. [Subheading] EVERYTHING 'COVERED’.. Everett Caldwell, branch manager of the Social Security office in Lakewood, said he thought “everything was covered" when the change-of-address cards were filed with the post office for the Atlantis residents. "We thought their checks would simply be forwarded," he said. But when the checks went to Heritage House, the nursing home should have contacted his office, Caldwell said." "And we should have clued in Heritage House—but we didn't do it,” Caldwell added. He acknowledged that Atlantis residents had given him data in time to make their increased Social Security payments. But Social Security's national computer, he explained, is set up so that it couldn't accept this data until June 1. when the change in the handicapped persons’ living status was to take effect. And that means about a 16-day delay before the checks arrive, he said. The Denver Post Office “knows that something went wrong, but we don't know exactly what it was," said Dick Sealer, the post offices Denver district director for customer services. By the time the change—of-address cards had been delivered tardily by the post office to Heritage House, “the damage had been done"- the checks had been returned to the Treasury, Sealer conceded. [Subheading] STEPS TAKEN Officials at both federal agencies and at Heritage House said late last week that steps have been taken to prevent a recurrence of this situation, and lapses in procedures will be corrected. Meanwhile, through Caldwell’s persistent efforts, three of the Atlantis residents have received part of their Social Security payments for June and other payments are expected to be made soon. Caldwell said, however, that he wished Atlantis had informed him sooner about the check delays. Because of those delays, Atlantis, still in in a precarious financial situation, according to Linda Chism, the project' accountant, funds that Atlantis [unreadable] to its recent drive for founder members were exhausted recently in paying Atlantis attendants’ salaries, she said. And she stresses that there still is a desperate need for donations from other persons who wish to become founder members of Atlantis, headquartered at 1232 Federal Boulevard. [Subheading] MIKE'S BATTLE For Mike Smith, it is a touch-and-go battle. Early last week, he regained consciousness and greeted his mother, with a cheerful “Hi, Mom!" By late last week, Mike still was confined to bed at Atlantis and still was using an oxygen tank to ease his breathing. Other medical assistance was being provided to Mike. But no matter what happens, Mike said then, Atlantis will succeed, because persons in this group have the driving desire to make it succeed. This intense desire is reflected in much of the highly imaginative and deeply moving poetry Mike has written over the years-- poetry which fills five notebooks. In the opening of one of these poems, Mike wrote of a final journey. But there also is something here which tells of his strong and enduring commitment to Atlantis and to those working so hard for its success. In this poem, Mike wrote: “I feel my spirit surging inside, Speeding and whirling along, Like a mighty March wind, blasting into April, Making the trees bow low for the royalty of the wind. Like a child of innocence, I see my dream before me. And I shall surpass any mountain, or ill or death itself . . .“ Photo Denver Post, David Cupp: A woman (Linda Chism) sits in a power chair with a lap board. Her short legs are extended straight in front of her and covered with cloth. She has a big smile, or laugh on her face. Caption reads: LINDA CHISM LAUGHS AS SHE ENJOYS A SPRING DAY. She says delays put Atlantis in precarious situation.
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Charismatic Figure Absent - The Denver Post - Friday, August 2, 1974 PHOTO Denver Post photo by Bill Peters: Two thin young men with longish hair wearing sleeveless shirts sit facing a desk in front of them. On the other side, an older man with glasses in shirt sleeves and a tie (Gov. Vanderhoof) faces the two and the camera. One of the guys in wheelchairs has a poster-sign on the back saying "The handicapped are people too! Support [unreadable] RALLY!!! [unreadable]. Caption reads: Gov. John Vanderhoof talks with Gary Van Lake and Vic Stifel. The two men were in group of handicapped persons who visited the governor Thursday. [Headline] Wheel-Chair Group Gets Capitol Sympathy by Rykken Johnson A group of handicapped persons in wheel chairs looking for a “charismatic” figure to champion their cause for better care didn't find one in the governor’s office Thursday. The group, called The Organization of Disabled Adults and Youth (TODAY), met with a shirtsleeved Gov. John Vanderhoof for about 40 minutes to discuss problems faced by handicapped individuals and ways to reduce the difficulties. TODAY asked Vanderhoof for his support in channeling more state funds to improve staff and facilities at nursing homes and institutions for physically, mentally and emotionally handicapped persons. [Subheading] SYMPATHETIC EAR The governor listened solemnly, said he sympathized, reported that the state has been making strides for handicapped persons and will continue to do so, thanked the group for coming and told its members to drive carefully on the way home. None of the wheel-chair visitors as much as smiled at the sendoff from the governor's office. Outside, a couple of them replied with a flat no to a question if they thought they had found a leader for their cause. The meeting with Vanderhoof concluded a two-day rally by about two dozen individuals in wheel chairs from Heritage House and other nursing homes. The rally took place in front of Services, 1575 Sherman St., and the State Capitol. The organization, through seven members who met with Vanderhoof, didn't help its efforts by tying its plea to the employees’ strike at the Colorado State Hospital in Pueblo. Vanderhoof and other state officials have been battling with the strikers and their union for more than a week over pay for the state hospital staff. Although the state gained a court injunction on grounds the strike is illegal, some hospital employees Friday were still observing the walkout. TODAY spokesman Vic Stiefel, 29, told Vanderhoof that TODAY backs the strikers because the organization feels staffing is inadequate and pay too low at state institutions and that state reimbursement through state-administered Medicaid is too skimpy for private nursing homes like Heritage House to be effective. But the governor couldn't make the connection between pay and reimbursements, saying the dispute in Pueblo is a budgetary consideration and the nursing home difficulty a welfare consideration. Furthermore, Vanderhoof said, the state has made a “tremendous movement” to overcome architectural barriers against disabled persons and also is trying to influence the federal government to loosen its guidelines on Medicaid. The governor continued that under his program to restructure state government he is trying to get the state to deal more effectively with problems of the handicapped. [Subheading] 'NOT FAR ENOUGH’ Vanderhoof said the state "has come a long way over the last 8-10 years, but we haven't come far enough or fast enough". He said he would "pledge himself to problems of the handicapped. “We are moving in the proper direction but it's not going to happen overnight", he added. Later, in the governor‘s office, Wade Blank, a Heritage House employee who accompanied the disabled individuals said TODAY members were enthusiastic about chances that Vanderhoof will support “a good medical program." Blank disagreed that pay at institutions and reimbursements at nursing homes aren't connected, as Vanderhoof contended. "No matter what he says,” Wade said, “the state sets the reimbursement rate for the money a home gets.” He said one of the major problems at homes is that staff pay is low, that it doesn't go up very fast and that aides "burn out” in a few months and leave.
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Edition USA/Colorado ADAPT seeks home care for all by Kerri S. Smith A national disabled persons’ advocacy organization based in Denver has launched a campaign aimed at moving people from nursing homes to home care. American Disabled for Attendant Programs Today (ADAPT) has at short-term goal: to re-direct 25 percent on the government's annual nursing home care budget. That money—estimated at $5.5 billion federal money and $5.5 billion from state coffers-would fund a national home care program instead. Under the ADAPT proposal, nursing home residents whose care is covered by Medicare or Medicaid could live at home. The government would pay home are attendants to care for them, rather than paying the facility. ADAPT spokesperson Mike Auberger said the group seeks “the ultimate demise of the nursing home system," and contends that paying an attendant to provide home care for a person usually costs less than nursing home care. In theory, the ADAPT plan would spend government money more efficiently-the same money would be used to care for more people who need assistance. The government is not enthusiastic about the idea, and a local nursing home industry spokesperson said ADAPT's demands are unrealistic. Auberger said Health and Human Services secretary Louis Sullivan declined to meet with ADAPT representatives. "We've been going back and forth with them, and the outcome is he doesn't meet with radical groups," Auberger said. And Arlene Linton, executive director of the Colorado Health Care Association (CHCA), said moving nursing home residents out of facilities “would isolate many of them from the community. “They'd also be without the 24-hour-care and rehabilitative services provided in nursing homes," Linton said. CHCA is the local branch of the American Health Care Association, which represents the nursing home industry. Linton added that ADAPT "is talking dollars, not people. Some residents have outlived their family and friends, and need the support a nursing home offers." A national campaign to publicize ADAPT's proposal began Jan. 15. Members demonstrated at government offices (including Health Care Financing Administration offices) and nursing homes in 24 cities. Auberger said media coverage was minimal, due to the Persian Gulf Crisis. Locally, ADAPT representatives demonstrated in Lakewood at Bethany Care Center. In the mid-'70s, the facility was operated by different owners and was known as Heritage House. Conditions at that time sparked a 13-year lawsuit over nursing home residents’ rights. The Federal Omnibus Reconciliation Act (OBRA) of 1988 also addressed quality of life issues for nursing home residents. The bill became effective Oct. 1, 1990. ln 1974, former Heritage House residents joined with Denverite Wade Blank and others to form the Atlantis Community, a local home care agency that currently cares for 135 people in Denver and Colorado Springs. Later, Atlantis Community leaders founded ADAPT. The group mobilized the civil rights movement for disabled persons, and ultimately affected the way nursing homes are inspected and regulated nationally. Auberger claims many current nursing home patients don't require intensive medical care, and "end up there only because they're out of money or their families can't care for them." Linton said CHCA met with ADAPT representatives twice to discuss the attendant proposal, "but they rejected our request to form a task force to find common ground." While Linton endorses home care as “a part of the long-term care continuum," she called the ADAPT proposal “robbing Peter to pay Paul. "We cannot support the concept of lowering funding for nursing home patients, to set up another funding to attendant services," Linton said. “We need new, additional funding for that." Recent federal budget cuts may make additional funding unlikely, at least in the near future. Atlantis and ADAPT are determined, however, and they are prepared for a long campaign.
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Heritage House Herald, Vol.1, No.4 January 1974 [Access symbols on either side of the masthead] PHOTO: Three men sit together. In the left foreground Glenn Kopp sits slightly in front of the other two, smiling almost laughing. Beside him in the middle is Wade Blank with his long blonde hair and a slight smile. On Wade's other side, Lee is leaning in happily laughing a toothless laugh. All three men are wearing glasses. Caption reads: Glenn, Wade, Lee [Headline] YOU'VE GOT A FRIEND by Judy Serfoss You may not be aware how unique a facility our youth wing is. It is the only one in the state with a special program designed for young people. If it were not for youth wing, we would all be in geriatric nursing homes with no concessions made for our age and needs. We would no longer be able to go to ball games, or concerts, or movies, or the Spaghetti Factory. We are extremely fortunate to have a home like this, and the one person most responsible for the creation and continuation of youth wing is Wade Blank. Wade was born in Pennsylvania in 1940, and after graduating from high school he attended Muskingum College in Massillon, Ohio, where he received a bachelor's degree in English with a minor in psychology. After he graduated from college, he worked for a while in a car wash before enrolling at MacCormac Theological Seminary in Chicago, Illinois, where he received his master’s degree in Theology, Study of Counter Culture, Drug Abuse Counseling, and Community Organization. His studies at MacCormac were financed by an anonymous grant of $5,000 from Canton, Ohio. Wade was ordained as a Presbyterian minister and had churches in Columbus and Akron, Ohio from 1966-1969. He became disenchanted with organized religion and its organized hypocrisy, so in 1969 he took a job as the Director of Poverty Progress for the Office of Economic Opportunity in Twinsburg, Ohio, from 1969-1970. Soon after the completion of that job, Wade moved to Denver. He got a job as a chaplin-orderly at Alpine Manor nursing home where he became friends with one of the directors, Tom O'Halloran. When Tom quit to become the director of Heritage House, he offered Wade the job of Youth Wing Coordinator. Wade accepted and began the Don Quiotean tank of battling the bastions of bungling bureaucracy. Being an administrator is not an easy job for an idealist, but Wade was determined to change the kind of care nursing homes offered young people. He stubbornly persisted with his innovative ideas and slowly began to change the whole spirit of youth wing. In the words of Mrs. Barkley, head nurse on the wing, “I think We are very lucky to have Wade. He has made youth wing what it is. We are all very appreciative, even though we don't always show our appreciation.“ The kind of man Wade is can be best illustrated by the comments of those who live and work with him: Geneva Sanchez: "Wade cares, he really cares, and he works so hard. Sometimes I feel sorry for him. He gets all the blame when things go wrong, and none of the credit when they are right." Neal Shaffer: "Wade works hard." John Torrez: "Wade - tough and strong." Don Clubb: “Wade's OK!" Brenda Cooke: "Swell guy, especially when you are feeling down. He always makes time to listen. Funny, and a bit conceited, but I guess all of us have a little conceit in us." Barry Rosenberg: “I have learned more from Wade than from anyone, like his belief in people and his love of life and people. Wade celebrates life, and he's always willing to lay his neck on the line for a friend." In my own case, l was utterly lost when l came to Heritage House and very withdrawn. Wade made a special effort to talk to me and hear my problems. Then he took the initiative in getting me enrolled in school and back into life. Wade is one of the most unselfish men I have ever known. He is totally dedicated and is personally involved in the lives of each and every resident in youth wing. It is an overwhelming commitment, and one which Wade makes unhesitatingly. We all owe Wade more than any of us probably realize. l think we should all make a point in the next few days of saying thanks to Wade and letting him know how much we appreciate what he has done for us. Remember: When you're down and troubled, and you need some loving care just call his name and he'll be there. You've got a friend, you've got Wade. [Headline] Mountain Peak by Mike Smith The snow came swirling down from the mountain peaks, blinding our way up the path. The mountain peaks looked cold and uninviting, in a way, a threat. . . My hands and feet were cold, but my soul was warm, and so was yours. . . And so in that cold and distant place two souls came together to form one. . . So this was love that which man is always searching for.
ADAPT (45)
Rocky Mountain News Mon., March 22, 1976, Denver, Colo. Banner Headline for story. PHOTO on left of headline: Head and shoulders shot of a young man (Michael Smith) with dark hair, pulled back in ponytail, dark beard and moustache. His head is tilted slightly to one side and he is smiling a bit. Caption reads: Michael Smith. He had a dream; He prayed that He would walk again someday. But someday never came. [Headline] Late poet a plaintiff in nursing home case Page 5 [Banner headline in ADAPT 44. Story starts here in ADAPT 45 and continues in ADAPT 46, but the entire text is included here for ease of reading.] Late poet was plaintiff in nursing home lawsuit By Jonathan Dedmon, News Staff Michael Smith was a poet. A victim of muscular dystrophy, Michael wasn't able to hold a pen, however. Weighing less than 100 pounds, one of the few physical tasks he was able to perform was to turn the pages of the many books he read. He would keep stanzas of poetry stored in his head and wait for friends or staff at the Heritage House Nursing Home in Lakewood where he lived to have free time so he could dictate his verse. A former aide remembers when she would be busy caring for patients and Mike would say, "Got to write." "We'd say, ‘Sorry, Mike‘ Don‘t have time.‘ A lot of his poetry was lost." In addition to being a poet, Mike also was an idealist. Because of what friends say was that idealism, in spite of the fact Mike died in October at the age of 21, he lives on not only in a published book of his poems but also in a giant legal battle in U.S. District Court. THE BATTLE COULD have a large impact on the care of handicapped patients in nursing homes throughout the country since it attacks the entire method of delivering health care. The suit, in which Mike was an original plaintiff, charges nursing home patients routinely are being denied their rights and even fundamental medical care, contrary to the wishes of Congress in its Medicaid law. U.S. Judge Richard Matsch currently is considering how much jurisdiction the federal court has in the case. But already a number of patients and nursing home employees have come forward with a series of affidavits which are a litany of patient abuse. The charges are leveled primarily against the former Heritage House Nursing Center in Lakewood, which since has been sold and is operating under new management and a new name. The suit’s allegations range from patients not having the colostomy bags changed to failure of the staff to provide any rehabilitation efforts. THE NURSING HOME attorney and a part owner deny the charges which are contained in a half dozen affidavits filed with the court. Pam Malpass worked as an aide from August 1974 to February of last year. Here are parts of her affidavit: “People were punished sometimes by having their wheelchairs turned off, cut their mobility (sic). Wheelchairs at Heritage House were constantly in disrepair and falling apart leading to weekly crises. Paul Brae, a Heritage House resident, fell out of his chair because it was falling apart and crawled under his bed and said he was (sic) [not] going to come out until he got a new wheelchair [cut off] we procured for him with some difficulty. Bowel programs for a number of residents weren't maintained properly resulting in infections. Colostomies and catheters weren't cleaned properly or regularly also resulting in infections for a number of patients. I also often observed that colostomy bags and catheters improperly were connected to the people that needed them with the result that they leaked and backed up." Michael Ray, an orderly from May 1974 to January of last year, said in his affidavit that on at least a dozen occasions, he made marks with a felt-tipped pen on patients’ dressings on open bed sores to make sure they were being changed twice a day as they should have been. “Each time when I looked, a day later, sometimes longer, the dressings I had put on with the markings were still there. The unclean sores lead to more serious complications and infections. During the six months I was working at Heritage House I never saw a doctor." FAILURE TO MAINTAIN a bowel program can lead to bowel poisoning and even to surgery. Mark Biles was impacted for three weeks while I was there necessitating an elaborate program of oral laxatives, suppositories and enemas to give him relief. The owners and the administrators always met suggestions or requests from the staff on behalf of patients residing there with the remark that they cost too much or if you don't like it why don't you get the hell out. “The only time that Heritage House was concemed about the cleanliness of the home was when the state inspection team announced it would appear.” ACCORDING TO JOHN Holland, who heads a team of Legal Aid attorneys working on the case, “We're saying that when Congress established Medicaid, it intended to create a real system of delivering high quality medical care to poor people, not a system that couldn't deliver for a significant number. The benefits aren't getting there.” A particular target is the U.S. Department of Health, Education and Welfare (HEW), which is charged with making sure nursing homes comply with federal standards to insure high quality health care. Legal Aid, which is reluctant to say too much about the case because it is pending, feels HEW merely established a “paper compliance" system whereas Congress wanted a compliance system to “see benefits and rights delivered and prevent the kinds of injuries and deprivations of rights alleged in the suit." THE SUIT NAMES every rung in the bureaucracy which participates in the provision of nursing home care, ranging from the owners of Heritage House to the state Department of Social Services and HEW. In addition to asking for monetary damages, the suit also seeks an injunction prohibiting deprivation of medical care and patient rights. The rights include proper medical and psychosocial treatment and care, the right to seek legal counsel and manage personal monies, the right to voice grievances and the right to adequate notice and opportunity for a hearing prior to transfer, among others. It also asks HEW to come up with a decent system of enforcing compliance with such federal laws. Because of the complex nature of the suit, it already has become a “paper nightmare," according to Holland, and a “paper war,“ according to Heritage House attomey Bob Eberhardt. THE PLEADINGS STAND some two feet high and the court hasn't decided jurisdiction yet. Perhaps one of the most damning affidavits filed so far is by Janice Jacobson, a former administrator of Heritage House. “Heritage House was filthy, cockroaches had infested the entire home (with the exception of the kitchen). The walls wene very dirty and an odor of urine permeated the air. “Flies were everywhere. They present a particular problem to those persons who are bedfast or paralyzed because they can't swat the flies from their faces or bodies. “Temperature controls were broken. Zone control valves which control the room temperature were corroded either open or shut so that the rooms were unbearably hot or cold. “INDIVIDUAL CARE PLANS are either totally inadequate or not existent." “Patients who had to be fed were degraded by impatient orderlies who constantly hurried them along faster than they could comfortably go on the pretext of there not being enough time to feed them." “Staff would get angry with people for having something wrong with them like uncontrolled bowels." “Lots of patients would never get dressed every day. The staff didn’t like to take the time to dress them. By keeping patients undressed a general institutional goal of keeping them in bed and more inactive was more readily achieved. “It was not uncommon for people who did get dressed to not be undressed but rather to sleep in their clothes. l received complaints from one family that one of the male patients there had the same clothes on for weeks. They knew because the same spot was on his shirt for three weeks." “Visitors and relatives often complained that their relatives or friends hadn't received baths or showers for weeks." “It was reported to me by nursing staff the director of nursing believed physical correction of resident misconduct was permissible and that she employed a technique of having persons she decided were misbehaving placed in cold showers." “The call button system at Heritage House often wasn't working and when it was, working staff very often didn't respond to calls. There was one incident while I was there where family members called in and said they heard their mother was dead. The nurse had to go down to the room to see if this was so. The woman had been dead for several hours." Mrs. Jacobson says, in her view, Heritage House was “warehousing people, not delivering health care." "Residents had no more rights than children and the official view was that the staff knew what was best for them and if the patients didn't think we were doing everything right or what they needed they could just leave." Management expressed this view often. “PATIENTS WERE KEPT tractable and quiescent by intimidation and medication. Encouraging people to be as normal as they can be is the essence of good nursing care. It was not done at Heritage House.“ In response, Heritage House attorney Eberhardt said the accusations are “totally untrue and completely without foundation. You can't cross-examine affidavits. The truth will come out in the trial. “ He also points to the affidavit of Allen Buckingham, regional director of the HEW office of Long Term Care Standards Enforcement. Buckingham stated his office never received any complaints concerning the allegations. Oscar Gross, former part owner and also a defendant, said he never would have been able to keep his license if the allegations were true. In addition, he said his home was the only home to provide a wing specifically for handicapped youths and he even received two awards from the wing. “We tried to do our best," he said. He also offered to take the News to the home to interview patients about conditions. He said his wife still visits patients. Gross sold the home in February and it now is under new management. Gross said he sold the home simply as “a business transaction.“ Before Michael Smith died last year, he testified at one hearing on the case. “He already felt he had won," recalled Mrs. Malpass.