Tag Archives: James Sherlock

Predatory Virginia Nursing Home Owners

by James C. Sherlock

Merriam Webster:

Pred*a*tor: (noun) one who injures or exploits others for personal gain or profit.

The most medically vulnerable of us reside in skilled nursing facilities (SNF).

Nobody plans to be there, but that is where about thirty thousand Virginians find themselves at any one time. People who are moved from hospitals to save money for the insurers but are too sick or injured to go home yet.  

They are supposed to get the skilled nursing the name suggests. Many don’t.

Most are covered by Medicare. The rest by Medicaid or private insurance. It could be any one of us tomorrow.

These patients are at risk by design in some of these SNF’s. Put in danger by a perverted business model, a model that shows that returns can be juiced into double digits by stripping staff. The facilities can then be flipped in a couple of years at a profit based upon increased cash flows.

We will track their investments using government data. We will see a ritual, system-wide understaffing.  We will also see that the government accumulated and publishes staffing data but there is no evidence they use it for anything.

There are nursing homes in Virginia, for example, that provide less than 30% of the registered nurse hours per patient per day that CMS assesses they require.  Weekend statistics are worse. Nothing happens.

Today there are large systems not one of which is staffed to CMS norms.

There are real people who are harmed by those calculated violations.  Exceptionally vulnerable people are regularly denied at least their dignity, often their health and sometimes their lives.

The owners injure and exploit patients for personal gain or profit.

They are predators. Continue reading

Past Time for Serious Sanctions for the Commonwealth’s Worst Nursing Homes

by James C. Sherlock

Effective May 1 of this year, Karen Shelton M.D. became Virginia’s Health Commissioner. Dr. Shelton is now the licensor and regulator of Virginia’s nursing homes.

By law, state-licensed nursing homes must comply with federal and state laws and standards. By regulation, the Health Commissioner “may impose such administrative sanctions or take such actions as are appropriate for violation of any of the standards or statutes or for abuse or neglect of persons in care.”

It is time.

I hope that she will pose a challenge to her Office of Licensure and Certification (OLC), of which I am a public admirer, that goes something like this.

Too many Virginia nursing homes are measured objectively by CMS (the Centers for Medicare/Medicaid Services) to be dangerous to the health and welfare of their patients through a combination of:

  • inspections that we ourselves conduct;
  • staffing measures linked to payroll data; and
  • medical quality measures from federal records.

Many have been that way for a very long time.

Current staffing far below CMS requirements seems to indicate that too many have no apparent path to improvement.

Come and see me in a couple of weeks with a list of the absolute worst of them.

And tell me why I should not shut them down to let the rest know that there are minimum standards beneath which they will not be permitted to operate in Virginia.

And one more thing.

Please let me know if there are organizations or individuals, current or recent, whose facilities have appeared regularly enough with the lowest staffing rating to indicate that understaffing may constitute a business model rather than a local exigency.

That too will not be tolerated.

We will take on those challenges here as if they are our own.

This article will identify the absolute worst of the facilities, using government records. The next will look at understaffing trends among owners. Continue reading

Virginia’s Best Nursing Facilities

by James C. Sherlock

This is part 4 of a series on nursing homes in Virginia. Part 1 here Part 2 here, Part 3 here.

Medicare.gov curates and publishes a system of nursing home assessments that is outstanding in both design and execution.

As discussed in earlier parts of this series, Virginia has far more bad nursing facilities than it should, but the Commonwealth also has more than its share of outstanding ones.

Fifty-two of 289 are rated five stars by CMS. Only 10% of the nation’s nursing homes achieve that rating. Eighteen percent of Virginia’s.

We’ll look at those best-of-breed facilities. Continue reading

Lee Enterprises Newspapers in Virginia Combine Huge Online Subscription Price Increases with Difficult Cancellations

Notice from The Roanoke Times subscriber services. https://subscriberservicesdsi.lee.net/subscriberservices/Content/Leaving.aspx?Domain=roanoke.com&_mather=2864cc43d3f9efd3

by James C. Sherlock

Lee Enterprises, in a bold move, has massively raised prices for online subscriptions to its Virginia newspapers, to some of which I subscribe.

Lee’s “brands”  here include:

  1. The Daily Progress – Charlottesville
  2. The Free Lance Star – Fredericksburg
  3. Danville Register Bee/Go Dan River – Danville
  4. Bristol Herald Courier – Tricities – Bristol
  5. Martinsville Bulletin – Martinsville
  6. The News and Advance – Lynchburg
  7. The News Virginian – Waynesboro
  8. Richmond Times-Dispatch – Richmond
  9. The Roanoke Times – Roanoke
  10. Culpeper Star-Exponent – Culpeper
  11. SWVA Today – Wytheville
  12. The Franklin News-Post – Rocky Mount

I have for years subscribed to the ones in bold above.  Online ad sales must not be going well.  Lee in a sudden move has roughly tripled online subscription prices.

It also has made it very difficult for customers to cancel.

Perhaps someone should look into this to see if the difficulty of the cancellation is legal. Continue reading

School Boards, Model Policies and Parental Rights in the Raising of Children

by James C. Sherlock

The Virginia Beach School Board will vote tomorrow.

The announced subject will be transgender rights in schools.

It is couched by The Virginian-Pilot as the school board defending transgender students against “unnecessarily cruel policies.  As opposed, one supposes, to necessarily cruel policies.

The local paper refers, of course, to the Youngkin administration’s “Model Policies” on the subject. Which, like their predecessors from the Northam administration, are not mandatory, so need not be debated at all.

The School Board debate is at its core constitutional.

You will note that the Youngkin Model Policies linked its constitutional interpretations to court decisions. The Northam version did not. Northam’s just asserted what the constitution meant. Must have been an oversight.

My take:

  • Families are responsible for shaping the values, beliefs, and personalities of children;
  • Government is required to protect children from abuse and neglect. But government schools are not allowed to substitute their judgements on values and beliefs for those of the families;
  • They are most certainly not permitted to define parental moral or political disagreements with school personnel as emotional abuse at home. Or as harassment of government schools or teachers;
  • And government schools, absent evidence of abuse or neglect, must never be allowed to substitute their own moral judgments for those of parents.

But that’s just me. Not a lawyer. Continue reading

Scandal in Plain Sight – Virginia’s Failed Regulation of Law-Avoiding Nursing Home Owners

by James C. Sherlock

One of the most important and heart-wrenching decisions families make for their elderly loved ones is whether they are able to keep them in their homes as they get older and sicker.

Sometimes that is not feasible for a long list of reasons in each case.

More than 30,000 Virginians live in nursing homes.

Both the federal government and Virginia regulate them.  The Virginia Department of Health, for both the Commonwealth and the federal government, inspects.

We should be able to expect patients to receive at least basic standards of care. A high percentage in Virginia have not .

In a five-star system, the Centers for Medicare and Medicaid Services (CMS) rates 98 of Virginia’s 289 nursing homes at one star – defined as much below average. More than a third.

Nationwide, only the worst 20 percent receive a one-star rating.

The last time I reported, in October of 2021, those figures were 54 one-star facilities out of 288. Nineteen percent.  So some of our nursing homes have gotten precipitously worse.

The ratings are backward-looking a couple of years, so the measured declines discussed here did not start recently.   By definition of the way that Medicare compiles records and assigns scores, some have been bad for a long time.

People have suffered and died from the lack of proper care and effective oversight. Continue reading

Federal Flood Insurance Needs to Cover Its Costs

Flooded street in Norfolk during Hurricane Sandy

by James C. Sherlock

Virginia is suing FEMA over its new risk rating methodology for the National Flood Insurance Program (NFIP).

Virginia’s suit says that the new methodology:

doesn’t recognize many mitigation efforts, nor does it clearly explain how rates are calculated based on mitigation efforts. This means that (Virginia’s) mitigation efforts don’t result in lower premiums for policyholders.

The suit does not state that the rates are not high enough. Which they are not.

  • The costs of repair and rebuilding have soared;
  • Sea level rise combined with subsidence is both measured and forecast to increase flood hazards on Virginia’s coasts.

The rest of the country does not “owe” a discount on flood insurance to those of us that choose to live in flood-prone areas.

Rate payers need to cover the costs of the NFIP, including building a reserve – like a real insurance program. Continue reading

New Style of Computer Adaptive Testing for Math and Reading SOLs in Spring 2023

by James C. Sherlock

End-of-year SOLs will be released this summer and are much anticipated to see how well kids are recovering from enforced shutdowns during COVID.

Some readers know the current testing system like the backs of their hands. But nearly all of us took standardized tests in school in which everyone took the same tests with the same questions.

That is not how math and reading SOL tests are designed now in Virginia.

Computer Adaptive Tests (CAT) – the link provides more detail than I will here – use AI algorithms to personalize the test for each student.  SOLs have been computer adaptive for more than a decade.

How a student responds to a question determines the difficulty of the next item. A correct response leads to a more difficult item, while an incorrect response results in the selection of a less difficult item for the student.

CATs more completely test the level of knowledge of each student, not continuing with test questions which are either too easy or too hard for that particular student.

Important changes were made for the tests taken in Spring of 2023.

Based upon legislation in 2021, Spring 2023 tests administered questions on grade level, one level up or one level down depending upon the student’s progress through the earlier parts of the exam.

That seems an improvement, offering a more thorough measure of student learning and potentially being more engaging for each student. Continue reading

A Rebound Towards Excellence — and Smiles — in Newport News Public Schools

NNPS McIntosh Elementary School Odyssey of the Mind team – courtesy NNPS

by James C. Sherlock

The national and international headlines were awful.

The shooting of Abby Zwerner at Richneck Elementary School in Newport News was horrible.

The investigative reports were chilling.

Newport News Public Schools (NNPS) has chosen the right path forward — positivity, community consultation and openness centered on the children.

There are signs that they are getting it right in practice. Continue reading

A Fool’s Errand Finds Takers in Charlottesville

by James C. Sherlock

As an experiment, I went to the UVa Ed School research page and searched “all topics” for “Charter Schools.” The response: “No research items found matching your search.”

So, I expanded the search to “Charter” and got the same response.

I then investigated what should have proven a promising lead.

The Partnership for Leaders in Education (UVA-PLE) is a unique joint venture between the highly ranked University of Virginia’s Darden School of Business and School of Education and Human Development.

Darden is involved, so it must be professional, businesslike, right? It certainly claims so.

UVA-PLE combines the most innovative leadership advancement, practical expertise, and proven methodologies from both business and education to demonstrably improve educational and life outcomes for our nation’s students.

“Proven methodologies” it says.

Now take a look at “UVA Partnership for Leaders in Education – Exploring New Frontiers for K-12 Systems Transformation” published by UVA-PLE in February of this year.

It is a 28-page word salad unblemished by any assessment of the pedagogy of charter schools, especially the most prominent and successful K-12 public school operation in the United States, Success Academy in New York City. Continue reading

UVa’s Undergraduate Female/Male Demographics vs. Diversity, Equity and Federal Law

UVa President Jim Ryan

by James C. Sherlock

The University of Virginia measures its diversity efforts by statistics. We’ll hold them to their own standards.

That seems only equitable.

President Ryan has said that the demographic composition of students is easy to measure. The Diversity, Equity and Inclusion office, proving him right, proudly displays a Diversity Dashboard.

All eyes, including their own, go to race.

But we’ll look at sex. And we’ll remember the requirements of Title IX of the 1972 Federal Education Amendments.

no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

It is demonstrable statistically that males are woefully underrepresented in the undergraduate population of the University of Virginia at rates inexplicable by chance.

We will examine as potential root causes the skewed demographics of:

  • the undergraduate student population on the one hand; and
  • the Undergraduate Admissions Office and Office of Equal Opportunity and Civil Rights on the other.

And then we will see if we can identify any other potential causes of those discrepancies.

It won’t go well. Continue reading

DEI Presentation at Tomorrow’s UVa Board of Visitors Meeting Attempts to Deflect the Discussion

by James C. Sherlock

Tomorrow, June 2, there will be a meeting of the Board of Visitors at the University of Virginia.

The University has published a preview of a Diversity, Equity and Inclusion presentation to the Board.

That presentation is designed quite clearly to deflect the conversation from the true issues.  It attempts to:

  • center the discussions on issues the university president wishes to defend; and
  • define terms in ways he wishes to defend them.

I offer some questions and observations.

Slide: Racial and gender diversity at UVA are relatively new – and our DEI work is even newer.  The presentation is off to a weak start. Setting the stage for the DEI discussion with race and gender is a deflection.

For example, white students have been underrepresented in the undergraduate and graduate school populations at UVa since at least 2010 as compared to whites in the population as a whole in both the United States and Virginia. Females outnumber males in the UVa student population by roughly 60% to 40%.

Those are facts.  They raise the question of the true reason for the recent expansion of DEI bureaucracy.

Let’s see if we can find it. Continue reading

New Offshore Wind Power Project Proposed to Come Ashore in a Virginia Beach Flood Zone

by James C. Sherlock

There is a dominant engineering problem in bringing offshore wind-generated electricity ashore in Virginia Beach. Flooding and water tables very close to the surface are the twin reasons there are few basements in Virginia Beach. And those that have them regret it.

The 2020 Virginia Beach FEMA Flood Hazard Map is 56MB. It is too big to display here. So don’t try downloading it on a phone. But take a look. It is important to the discussion.

Camp Pendleton and Sandbridge are Virginia Beach shore landing spots proposed for offshore wind electricity generated by two different fields. Both will have similar infrastructure pictured below.

courtesy https://coastalvawind.com/about-offshore-wind/delivering-wind-power.aspx

Below is the SCC-approved transmission line route from Camp Pendleton for the Coastal Virginia Offshore Wind (CVOW) project. The map does not show flood hazard zones.

I am not sure any public version of it ever did. Continue reading

Sentara Does a Very Good Thing

Courtesy Sentara

by James C. Sherlock

Sentara brass will not believe that I wrote that headline. We have a history.

But right is right.

A Sentara mobile care unit will start June 1 to provide primary care service two days a week in two separate locations in Petersburg.

The people of Petersburg desperately need it. That city is rated the Commonwealth’s least healthy jurisdiction.

Without good primary care, a health system never has a chance.

The partners in providing the mobile unit are Sentara, Potomac Health Foundation and Sentara Northern Virginia Medical Center Auxiliary.

Congratulations to all of them. Continue reading

Read It and Weep – DEI at UVa

Navy helicopter overflies UVa Disharoon Park as team stands at attention for national anthem. Photos By Sanjay Suchak, sanjay@virginia.edu

by James C. Sherlock

Kerry Daugherty’s column this morning was heart-wrenching for anyone who cares at all about kids’ educations.  The Norfolk School Board voted 6-1…

to begin teaching gender ideology, masturbation, sexual identity, homosexuality, abortion and lesbianism in middle and high schools.

To kids who cannot read or perform mathematics at grade level.

Now we get a look at what awaits any kid who escapes Norfolk public schools with sufficient skills and diversity credits to get accepted into the University of Virginia (UVa).

They will be welcomed by a Diversity, Equity and Inclusion (DEI) bureaucracy so large, powerful and widely distributed that a DEI factotum will:

  • review and grade their application in the recruitment process;
  • exercise authority over the curriculum and faculty;
  • monitor their progress; and
  • interview each candidate for graduate school and meet with each annually to assess political views.

If I just told you how this works as above, you would think I was making it up.

So I will quote from UVa’s website. Continue reading