• Nursing Homes – What Could Go Wrong?

    Mt. Vernon Healthcare Center Alexandria

    by James C. Sherlock

    I have written a lot recently about staffing shortages in Virginia nursing homes and the Commonwealth’s national ranking near the bottom of the states for staffing measures.

    It is appropriate to ask why that matters.

    Federal analyses of Centers for Medicare & Medicaid Services (CMS) data offer the answer.

    In proposing to adopt the Total Nursing Hours per Resident Day Staffing (Total Nurse Staffing) measure for the FY 2026 program year and subsequent years, the rule-makers offered this:

    Staffing is a crucial component of quality care for nursing home residents. Numerous studies have explored the relationship between nursing home staffing levels and quality of care. The findings and methods of these studies have varied, but most have found a strong, positive relationship between staffing and quality outcomes.

    Specifically, studies have shown an association between nurse staffing levels and hospitalizations, pressure ulcers, weight loss, functional status, and survey deficiencies, among other quality and clinical outcomes.

    The strongest relationships have been identified for registered nurse (RN) staffing; several studies have found that higher RN staffing is associated with better care quality. We recognize that the relationship between nurse staffing and quality of care is multi-faceted, with elements such as staff turnover playing a critical role.

    Remember, the surveys are conducted both for CMS certification and Virginia licensing by the Office of Licensure and Certification (OLC) of the Virginia Department of Health.

    I have always found that office to be staffed by exemplary public servants, even while there have never been enough of them.

    But we’ll get specific about Virginia nursing homes and survey deficiencies as the answer to the question:

    โ€œWhat could go wrong?”

    (more…)


  • UVa Donations Skewed More Democratic Than Ever in 2022

    Graphic credit: Daily Progress

    by James A. Bacon

    You’ve finally heard it from someone other than The Jefferson Council: political donations by University of Virginia employees skew overwhelmingly to the left. In the 2022 election cycle, found Daily Progress reporter Luke Fountain, “UVa faculty and staff favored Democratic candidates over Republican candidates, based on donations, by a ratio of 30 to 1.”

    “During the 2022 election cycle, Democratic candidates received 96.1% of donations, Republican candidates received 3.3%, and Libertarian candidates received 0.6%,” writes Fountain in an article exploring the implications of a discussion during the June UVa Board of Visitors meeting regarding the desirability of tracking viewpoint diversity at the university.

    Campaign donations are only one way of measuring viewpoint diversity. In 2018 the University of Virginia conducted an extensive survey of attitudes among students, faculty and staff that measured, among other things, respondents’ left-right political leanings. If it is impractical to conduct such an extensive and expensive survey every year, tracking political donations is a readily available proxy for attitude surveys. (more…)


  • Heat Wave? Here In Southeastern Virginia We Call It July.

    by Kerry Dougherty

    Stop the presses. Itโ€™s July 26th. And itโ€™s hot. My trusty iPhone weather app says it will hit 91 today, 94 Thursday and 96 on Friday.

    Who could have predicted such temperatures? Actually, all of us. Itโ€™s called JULY.

    And yes, much of the country is in a record heat wave with far hotter weather. Itโ€™s not the first heat wave and it wonโ€™t be the last. But there is a new breed of โ€œsafetyistโ€ afoot. Not the usual alarmists who feel itโ€™s their duty to remind us every summer to wear light clothing, drink water โ€” not tequila โ€” and not to exercise at high noon, as if we are idiots.

    This new bunch is raising the alarm on the dangers of temperatures โ€” get this โ€” above 90.
    (more…)


  • Affirmative Action for the Rich

    by Dick Hall-Sizemore

    It turns out that, when it comes to admission to elite universities, kids from rich families have not only the advantages that are inherent with their background โ€” top prep schools, tutors, an upbringing full of varied experiences, etc.โ€” they have one more advantage โ€” simply being rich.

    A recently released study shows that in applicant pools for the Ivy League universities, Stanford, Duke, M.I.T., and the University of Chicago, of those applicants with the same SAT or ACT scores, those from families in the top 1 percent income bracket were 34% more likely to be admitted. Those from families in the top 0.1 percent were twice as likely to be admitted.

    All the celebrating over the recent Supreme Court decisions amid declarations that โ€œadmission should be based on meritโ€ may have been premature. Those decisions may just result in more rich White kids getting admitted.


  • Staffing Has Collapsed in Many Virginia Nursing Homes, Creating a Health Crisis for Our Most Vulnerable Citizens

    by James C. Sherlock

    I am seldom surprised by Virginia’s nursing home staffing problems, but new government data show no progress on staffing since October of last year.

    Data from the Centers for Medicare & Medicaid Services show that the number of significantly understaffed facilities has not budged in seven months.

    The numbers donโ€™t lie.

    And it undeniably represents a health crisis for our most vulnerable citizens.

    The questions are: what are the facility operators and the Virginia Department of Health going to do about it? (more…)


  • Virginians Overtaxed as Youngkin Urges Budget Deal

    by Shaun Kenney

    With state revenue projections north of $5 billion, Virginia Gov. Glenn Youngkin (R) renewed his call for a budget deal with Senate Democrats as negotiators with the Virginia General Assembly met for the first time since June.

    โ€œVirginians remain overtaxed. Last year we provided $4 billion of tax relief for individuals, families, and veterans. What this yearโ€™s preliminary numbers tell us is that even after that historic tax package, the Commonwealth ended fiscal year 2023 with $5.1 billion in excess resources, far more than forecasted,โ€ said Gov. Youngkin.

    โ€œThere is plenty of money in the system to fund our shared priorities of education, behavioral health, and law enforcement while returning more of Virginians hard-earned dollars back to their wallets. Just as we did last year, I am calling on the General Assembly to reject the partisan, business-as-usual approach in Richmond, and agree on a deal that lowers the cost of living and cost of doing business in Virginia while investing in our shared priorities. This is not about Republicans and Democrats. Itโ€™s not about the Senate or the House. Itโ€™s about delivering for Virginians.โ€

    Already, Virginia is returning some $1 billion to small businesses, with Secretary of Finance Steve Cummings confirming Friday that the state expects to return โ€œsomething more than a billionโ€ dollars to taxpayers who had taken advantage of a new tax benefit for pass-through entities, such as limited liabilities and other unincorporated businesses, that allows them to avoid a $10,000 cap on federal income tax deductions for state and local taxes.
    (more…)


  • Slush Funding Housing

    by Jon Baliles

    There has been a lot of talk about the affordable housing crisis in the region in recent years, but it has been constant in 2023. The entire region needs 39,000 units as fast as it can get them; but interest rates are high, the market is stalling โ€” every week there is a new twist or turn in the drama. And this week is no exception.

    Em Holter at the Richmond Times-Dispatch has a disturbing story about the meeting this week of the cityโ€™s Affordable Housing Trust Fund (AHTF) Board that drew an overflow crowd reacting to the reckless idea by Mayor Levar Stoney and his administration for dissolving the Board and creating a commission instead, that allegedly would allow for raising more money from other sources and involve other partners. The mayorโ€™s and the administrationโ€™s argument is that because there is more money to be allocated, there should be more oversight. But what they are proposing is not more sunlight, but less.

    The AHTF Board is tasked with oversight of the money in the fund to help support and spur more affordable housing projects. Just last year, the Mayor and Council finally approved a commitment of putting $10 million per year in the fund for five years. Who doesnโ€™t need more money and more partners to help tackle an issue as large and complex affordable housing? Sounds sensible, right? Except…

    As the Times-Dispatch article points out, what this is really about is who controls the money and who gets to pick the โ€œpartnersโ€:

    But with more funding comes more oversight, which city administrators are hoping to achieve. To do so, City Hall wants to eliminate the board and establish a commission that would allow for more money and more partners.

    Those in opposition argue that administrators are overstepping their bounds, which could lead to an imbalance of power, loss of control of funds and elimination of public input.

    (more…)


  • Understaffed Nursing Homes and the False Claims Act

    by James C. Sherlock

    Nursing home operators, paid by government insurance programs on a per diem basis for caring for their patients, make higher profits if they understaff than otherwise.

    The less staff they have, the higher their operating margins.

    The federal government, with much experience in such situations, tries to offset those incentives with disincentives. It thinks, reasonably, that patients should actually receive the care that is paid for with government insurance funds.

    In Virginia, some senior members of the health committees of the General Assembly are in love with our nursing home operators, offering legislation as gifts. That love is requited in the form of unlimited campaign contributions from the operators.

    Touching story.

    This being Virginia, that is legal. And too common.

    However, help for patients is available and very active on another front: fraud charges brought by states and the Justice Department in federal court.

    The unanimous Supreme Court opinion in Universal Health Servs., Inc. v. United States 136 S. Ct. 1989 (2016) โ€ข 195 L. Ed. 2d 348 Decided Jun 16, 2016 provided precedent for such filings under the False Claims Act.

    The Court validated the governmentโ€™s theory of law that a provider can be guilty of making a false claim based on the underlying representation that the care provided complies with the government Conditions of Participation.

    Grossly understaffed nursing homes can be guilty of criminal or civil false claims or both by accepting payments for services which they do not provide or provide inadequately.

    Both state and federal governments know exactly who those understaffed nursing homes are and have the payroll-based data to prove that some could not have provided it.

    And they are taking the worst offenders to court. (more…)


  • Miyares Loses in Court

    Jason Miyares, Attorney General of Virginia

    by Dick Hall-Sizemore

    Our Attorney General has taken his lumps in court recently.

    First was a jury acquittal in a high-profile criminal case he engineered. Later, the Virginia Supreme Court unanimously ruled against an agency that had been administering a provision of the Code based on guidance from the Attorney General.

    The first case was that of Wayde Byard, the spokesman for the Loudoun County Public Schools who had been indicted for lying to the special grand jury established by Miyares to investigate the school systemโ€™s handling of the notorious sexual assault cases. The trial jury took less than two hours to render a verdict of not guilty. Miyaresโ€™ spokesperson commented that โ€œwe are disappointed with the juryโ€™s decision.โ€ Byard had been on administrative leave without pay. Shortly after the verdict, the county gave him nearly $89,000 in back pay and he was back at his desk.

    The second instance is more complex. It is based on statutory interpretation and can get a little tedious. It is this stuff that lawyers and legislative nerds love. Also, some background is needed to understand the case. So, bear with me a little while.

    The case involves the changes in earned sentence credits enacted by the 2020 General Assembly. (more…)


  • Hadley Departs UVa Without Explanation

    Robyn Hadley. Photo credit: University of Virginia

    Robyn Hadley, the University of Virginia’s dean of students, will leave her job effective Aug. 1, announced President Jim Ryan and Provost Ian Baucom yesterday in a letter to the university community.

    The letter provided no explanation for Hadley’s sudden departure. Hadley had served two years in the position, which oversees 300 employees engaged with student life. She supervised key functions such as the Office of African-American affairs, the career center, student housing, student health, fraternity-sorority life, event planning, and facilities operations. (more…)


  • Bacon Meme of the Week


  • Pay No Attention to That Man in the Governor’s Mansion

    If Glenn Youngkin is not running for President “this year” and wants to concentrate on Virginia elections, as he says, why is Wilbur Ross, former Secretary of Commerce under Donald Trump, throwing a fund raiser for Youngkin in the Hamptons? And did Youngkin, as the rumor goes, really get the word to Trump that all he is doing is getting into position to be Trump’s running mate?


  • Info-Wars at UVa: Who Decides What the BoV Needs to Hear?

    Provost Ian Baucom

    by James A. Bacon

    Last October University of Virginia Provost Ian Baucom briefed the Faculty Senate executive committee about a package of four multimillion-dollar academic initiatives that were in the works. The camera angle in the video recording shows him as a tiny, barely discernible figure at the far end of a long conference table. But his fast-clipped, staccato voice comes through loud and clear.

    One initiative would address society’s “Grand Challenges” while another would build the university’s R&D infrastructure. Two others, largely geared to the pursuit of diversity, would set up a $20 million fund to aid the recruitment of graduate students and a $20 million fund to boost recruitment of “under-represented” faculty.

    Members of the Faculty Senate were on board with the diversity programs, and Baucom felt at ease talking about them. “Behind [the faculty-recruitment initiative],” he said, “is the reaffirmation of the Audacious Futures Report to double the number of under-represented faculty. The president and I have been very clear that he stands by that goal.”

    Four months later when the initiatives had moved further through the administrative pipeline, though, the Provost was less forthcoming with the Board of Visitors than he had been with the faculty. He described the Grand Challenges and R&D initiatives in considerable detail, but barely acknowledged the other two strategic priorities. He never explained that the faculty and graduate-student initiatives were designed in part to advance diversity.

    The dichotomy in Baucom’s presentations raises important questions of governance at UVa. At a time when racial preferences in admissions and hiring are coming under increasing scrutiny, how much information about those practices is the Ryan administration withholding from the Board of Visitors? Who decides what to tell the Board? What power does the Board have to demand a fuller accounting? (more…)


  • When Local Registrars Get Caught in the Middle

    by Martin Davis and Shaun Kenney

    Last week, Cardinal News published a piece by reporter Markus Schmidt about the difficulties facing several Democratic candidates for state and local offices in Virginia, owing to complications with their paperwork.

    Mistakes related to paperwork happen every year, and sometimes the Virginia Department of Elections can sort out the problem. Schmidtโ€™s story notes two instances in recent years when this happened. Notably, in 2019, when the department accepted late paperwork for Del. Terry Kilgore, R-Scott County, and in 2021, when it placed Del. Dave LaRock, R-Loudoun County, on the ballot despite a missed deadline.

    City and county registrars, however, are the people who are on the front lines of most issues relating to candidatesโ€™ paperwork issues. And these people are often caught between conflicting interpretations of critical statutes.

    In Spotsylvania County, concern over signatures collected by two candidates for local office provides an interesting look into the challenges local registrars face. It also reveals some issues with the way the state is relaying information to candidates and registrars. (more…)


  • Is Hopewell the Next Petersburg?

    Downtown Hopewell. Photo credit: Richmond BizSense

    by James A. Bacon

    Long-time Bacon’s Rebellion readers will remember the fiscal saga of Petersburg, a struggling rust-belt city whose finances were so mismanaged that the city had to call in outside consultants to fix them. The City of Hopewell, another struggling rust-belt industrial town, may be facing the same fate. City Council has appointed Concetta Manker — its former information technology manager — to lead a financial turnaround.

    Finances had deteriorated to the point where Virginiaย State Secretary of Finance Stephen Cummings ordered an outside audit and outlined steps the city should take to get back on track. According to the Richmond Times-Dispatch, Cummings stressed the need to bring in experienced help to get the municipalityโ€™s books in order. He even offered $200,000 to help the city find such an executive.

    But Council voted “no” yesterday on the idea, and elevated Manker, who was serving as interim city manager, to step into the role officially. Manker’s job would be tough under any circumstances: the city with a population of 23,000 cannot take on debt because it hasn’t even had a credit rating since 2017. Making the challenge even greater, her professional background is IT, not finance. (more…)