Sen. Ron Wyden, D-Ore., has argued that the Justice Department should investigate the nation’s four largest youth treatment facilities for civil rights violations and fraud.
Wyden said in two letters obtained by NBC News his recent Senate investigation It found evidence of “extensive abuse, neglect and substandard care” against the corporations – Universal Health Services, Acadia Healthcare, Devereux Advanced Behavioral Health and Vivant Behavioral Healthcare. He argued that many facilities “fail to provide the treatment they claim” and instead provide “substandard services” that do not meet federal standards.
Wyden asked the DOJ to investigate whether states Violates the Americans with Disabilities Act by placing children in residential facilities when they can receive services at home. And he asked the department to investigate whether the companies to commit fraud by providing substandard care and violating Medicaid regulations imposed on these facilities as they serve thousands of foster youth and children from low-income families each year.
The letters are the latest escalation congressional legislators The fight against abuse in youth treatment centers on both sides flared up a wave of activity by former patients and news articles details of allegations of ill-treatment at some facilities. In June, the Senate Finance Committee, chaired by Wyden, a report argued that the mistreatment of children in institutions arose out of an attempt to cut costs in order to maximize profits.
If the DOJ investigates and finds evidence to support Wyden’s claims, it has the authority to negotiate policy changes and impose financial penalties on the facility’s operators.
Devereux is a nonprofit organization, Vivant is a privately held for-profit company, and Acadia and UHS are publicly traded corporations. Most of the examples of problems highlighted in the Senate report were from programs run by Acadia and UHS.
“Unfortunately, Devereux continues to align himself with a group of for-profit corporations that, in the senator’s mind, do not operate similarly to us,” Leah Yaw, the organization’s chief strategy officer, said in an email. He said none of the incidents described in Wyden’s letters occurred at the Devereux facilities.
a statement To NBC News, UHS disputed the report’s characterization of the facilities, calling it a “false narrative” based on isolated incidents and “defending the hard work of dedicated staff at these facilities whose sole mission is to improve the lives of residents. Provide care.”
Acadia also said it strongly disagreed with how the report described its facilities, which the company said are “highly regulated and required to meet policies and standards set forth by federal, state and local governments.”
Vivant did not immediately respond to a request for comment, but previously disputed the report’s description of its facilities as understaffed and neglected.
The DOJ did not respond to a request for comment.
NBC News coverage of residential treatment centers
Wyden’s June report described instances at UHS and Acadia facilities of children refusing to consent to strip searches or being restrained for stealing staff radios, as well as seclusion while they were given sedatives to calm their behavior. Wyden said these are clear violations of federal Medicaid rules that prohibit residential treatment facilities from disciplining children, while also discouraging them from punishing children.
The report also described some facilities with unsanitary conditions, including bugs, exposed broken glass and broken furniture, which the report characterized as “dangerous environments”.
“Given the seriousness of these facts, I am formally referring this matter to the DOJ and asking you to initiate an investigation,” Wyden said in the letters.
Last month, Wyden he asked two other federal agencies, the Centers for Medicare & Medicaid Services and the Administration for Children and Families, again cited the Senate investigation to set rules that would dissuade states from placing children in these facilities.
Acadia and UHS Both have paid multimillion-dollar settlements in recent years to settle DOJ investigations into their hospitals and psychiatric centers. However, those cases did not focus on youth facilities operated by companies that Wyden asked the DOJ to investigate.
Acadia also It paid $1.4 million last month to settle with the Securities and Exchange Commission accusations that dozens of its employees signed an agreement not to file complaints against Acadia with government agencies. The SEC noted that Acadia had removed this language from its employment contracts; Acadia said it was “working quickly to resolve this issue with the SEC.”