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Hem / Album / Taggar Atlantis Community
+ Heritage House + Mike Smith 3
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.
ADAPT (27)
[Headline] Handicapped Pin Hope on Atlantis By Sharon Sherman Denver Post Staff Writer The word "activist' once scared a group of young Handicapped Denverites. But after almost two years of wheeling themselves onto picket lines, sitting through meetings with government agencies and speaking out about the problems of being shunted out of the mainstream of society, they agree that the term activist describes what they have become. And they are proud of it. "At least we're actively trying to do what we can instead of sitting back and wishing', is the way Carolyn Finnell, 31, sees the new role of many physically handicapped young people. [Subheading] Buses for Handicapped Carolyn, and others like her in the handicapped community, helped convince the Regional Transportation District to begin adding buses equipped for the handicapped. They have testified at various hearings about problems of the disabled. [TEXT UNREADABLE] They are among the principal planners of the Atlantis Community, a project which would offer the physically handicapped many types of residential living arrangements with services they need available nearby. Carolyn, who has cerebral play which confines her to a wheelchair and distorts her speech, said it was hard to "face speaking out" to rooms full of strangers, but that living with other young adults at Heritage House Nursing Home youth wing has "brought me out a lot." [Subheading] Stayed Inside Shell If Mike Smith, 20, had had his way, he would have stayed inside his shell of poetry writing, reading, and discussing philosophy and listening to music. "I don't like being in politics, but it seems that's the way we have to go,'' Mike explained. " I guess you have to lose a little to get a lot.'' Linda Chism, 27, believes that for the first time, there are enough young disabled people ready and willing to push themselves forward, to speak out, that there is a chance of changing the entire lifestyle of the handicapped. For Mike Smith, those changes may come too late to be enjoyed. [Subheading] Depressed, Angry Mike has muscular dystrophy, a fatal disease. He has spent the past five years in nursing homes, living in one where, at 15, he was punished for breaking rules and being sent to the locked ward for 24 hours at a time. Finally, lonely for friends his own age, depressed at watching his elderly roommate die of cancer, angry at rules which confined him to the small world of the nursing home, Mike attempted suicide. "Luckily, I had no idea how to go about it," he remembers. "I took 20 bowel softener pills and instead of dying just created an incredible mess." For Mike, as for Carolyn, the youth wing at Heritage House is infinitely better than what they had before. But, Mike points out, once the first door that closes any human being away from the rest of the world is opened, that human being will see other doors to open. So it has been for Carolyn, who counted fishhooks for five years in a sheltered workshop before someone recognized her potential. [Subheading] Wants Meaningful Job Now, with a degree in journalism from Community College behind her, Carolyn wants some other things she's not getting out of life. Things like a meaningful job, an apartment of her own where she won't have to keep half her belongings in boxes under the bed, the privacy to entertain friends. "I'm probably living a more active life than I ever have before", she said, explaining that she now edits the youth-wing newsletter and is learning braille so she can tutor blind students. Having come so far, Carolyn's not willing to stop here. Neither is Linda Chism, who has had crippling rheumatoid arthritis for 20 years. Linda has "suffered a lot of surgery and a lot of hard, hard therapy" to become fairly mobile. She has taken three years of courses in biology and psychology at the University of Colorado. She was even offered a full-time job. [Subheading] System Inflexible But the system doesn't allow even the disabled who are capable of supporting themselves to do so, Linda said. If she was paid even minimum wage, she would earn too much and would lose her Social Security benefits. But it would take much more than a minimum wage salary to pay living expenses plus the $150 a month it would cost her to get to work and back. In addition, she would no longer receive Medicaid assistance, and medical bills for someone in Linda's condition are enormous. "Who's going to pay a beginner with no experience that much money?" she asked. [Subheading] Innovative Projects For now, for these and other physically handicapped young adults, the boundaries of their world still don't go far beyond the nursing home walls. But those boundaries will expand dramatically if the young disabled can find support for two innovative projects. One is Project Normalization, a one year pilot study to find out what services young people in nursing homes need to live as normal a life as possible. The project would be conducted at the young wing of Heritage House and is estimated to cost $241,872. The state Department of Social Services has suggested that the pilot project be run by the Department of Physical Medicine of the University of Colorado Medical School. Members of the department now are investigating that possibility. [Subheading] Denied Normal Life "Disabled people are often denied any resemblance of a normal life," the project introduction says. "Because of the segregation they encounter, and the sheltered nature of their early lives, when they reach young adulthood they are incapable of functioning satisfactorily in society and so are banished to nursing homes where the repressive, nonstimulating and socially undemanding environment serves only to multiply their social inadequacies and further depersonalize them. As its creators see it, Project Normalization would begin to to prepare handicapped young adults for the kind of independent living they hope Atlantis will someday offer. [Subheading] Create a Community Atlantis is an ambitious project, planned by a group of both handicapped and able bodied persons, which would create a community of residential units surrounding a hub housing medical, rehabilitative employment, counseling, homemaker, transportation, food and social services. The goal of the community will be to "provide needed services while respecting the individual resident's freedom and privacy," according to the project booklet. For some of the prospective tenants of Atlantis, that goal can't be realized too soon. "I just sort of wish they'd hurry, " said Mike Smith. "Some of us have fatal diseases, you know, I only have two or three years to wait. "
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.