Shortage of direct care professionals a local and national concern

Published in RINewsTdoay on April 22, 2024

Last week, at  the Senate Dirksen Building, Room SD-562,  Chairman Bob Casey, of the U.S. Special Committee on Aging, (D-PA), showcased S. 4120, legislation that he introduced with U.S. Senators Tim Kaine (D-VA), and Tammy Baldwin (D-WI). The Long-Term Care Workforce Support Actintroduced during the 118thCongress, would ensure that direct care professionals have a sustainable, lifelong career by providing substantial new funding to support these workers in every part of the long-term care industry, from nursing homes to home care, to assisted living facilities.

The Senate Aging Committee details a number of statistical findings showing the need for Congress to address the nation’s severe ongoing direct care professional workforce shortage. “A recent survey revealed 92% of nursing facility respondents and nearly 70% of assisted living facilities reported significant or severe workforce shortages.

In 2022, a survey of nursing facilities showed more than 50% of the facilities were limiting the number of new admissions due to staffing vacancies or shortages.  Another recent survey of Home and Community Based Service providers showed that all 50 states were experiencing home care worker shortages, and 43 states reported that some HCBS provider groups have closed due to worker shortages,” says the fact sheet.

Addressing the cause

By improving compensation, benefits, and support systems, S.4120  would ensure the United States has a “strong, qualified pipeline of workers to provide desperately needed care for older adults and people with disabilities.” notes a statement announcing the introduction of Casey’s legislative proposal.  

Specifically, S. 4120 would increase the number of direct care professionals, especially in rural communities.  It also would provide pathways to enter and be supported in the workforce for women, people of color, and people with disabilities.

S. 4120 would also improve wage compensation for direct care professionals to reduce vacancies and turnover.  It ensures that direct care professionals are treated with respect, provided with a safe working environment, protected from exploitation, and provided fair compensation.

The legislative proposal also documents the need for long-term care, identify effective recruitment and training strategies, and promote practices that help retain direct care professionals. It also would strengthen the direct care professional workforce in order to support the 53,000,000 unpaid family caregivers who are providing complex services to their loved ones in the home and across long-term care settings.

At press time, S. 4120 is endorsed by 50 organizations, including Domestic Workers Alliance, SEIU, AFSCME, Caring Across Generations, National Coalition on Aging (NCOA), Justice in Aging, National Partnership for Women & Families, National Council on Independent Living (NCIL), and the National Disability Rights Network (NDRN).

And a companion legislative proposal was introduced in the House by Congresswoman Debbie Dingell (D-MI).

Senate Aging Committee puts spotlight on Direct Care Staffing Shortage 

The April 16th hearing entitled, The Long-Term Care Workforce: Addressing Shortages and Improving the Profession,” examined the challenges currently facing long-term care workers who are often underpaid and overworked, leading to widespread worker shortages that threaten the availability of care for those who need it.  

“It’s a crisis that stems largely from a lack of support for and investment in our caregiving workforce,” warns Casey in his opening statement. “Between 50 to over 90 percent of long-term care settings and providers report significant staffing shortages, affecting their ability to provide services, accept new clients, or even to remain open,” he says.

Casey noted that many direct care professionals have to work multiple jobs or overtime just to be able to support themselves and their families.  In 2022, their medium wage was just above $15 dollars an hour, well below what is paid for warehouse and convenience store jobs, per Casey.

“The direct care workforce, the majority of whom are women of color, are more likely to live in poverty compared to the general public,” notes Casey.

“Cumbersome federal regulations, requirements, and protections” and a “one-size fits all approach” won’t fix the direct care staffing shortage, responds Ranking Member Mike Braun (R-IN).

“To grow the long-term care workforce, the federal government should make it easier for people to enter by removing barriers,” says Braun, in his opening statement, calling for “productive approaches to build and grow the care professions.”

Overworked and not enough money

Nicholas Smith, a direct support professional at SPIN, a Pennsylvania-based organization that provides lifespan services for over 3,000 people with intellectual disabilities and autism, came to testify. “I work nearly 65-70 hours a week… due to my work, I have missed family events, nieces’ and nephews’ recitals, and school functions… a lot of people are leaving this field to make more money,” said the Philadelphia resident who has worked in the long-term care industry for over 25 years.

According to Smith, the national average for direct service professional wages is only $15.43 in long-term care. “We spend time training new hires only to lose them because they cannot make a living wage,” he says, noting that other industries are offering more money.

“While people want to stay in this field, they cannot make ends meet. Pennsylvania has a long waitlist for home and community-based services, and this is due to the workforce crisis,” he says.

In her testimony, Brooke Vogleman, a licensed Practical Nurse with Huntington, Indiana based TLC Management, stated:  “I’ve seen what happens when long-term care facilities lack workers, resources and government support, like during the pandemic. Many of my colleagues got burned out and left the profession, forcing facilities to rely on costly temporary staffing agencies.”

Vogleman called on federal policy makers, including members of the Senate Aging Committee, to address the challenge through “targeted investments, not blanket mandates.”  

For instance, she told the Senators that LPNs are integral to the facility’s interdisciplinary team. “Staffing mandates that do not include our contributions to patient care or recognize us as nurses are very concerning to me and will have unintended consequences on residents,” she says.

Staffing mandates will force facilities to depend more on expensive staffing agencies, warns Vogleman. “Personally, I’m concerned they will actually increase staff burnout, as current caregivers will be stretched thin and working longer hours in order to comply with these impossible standards,” she says.

Matthew Connell, Ed.D., of Ivy Tech Community College of Indiana, came to share the work and achievements of his community college in addressing the shortage of healthcare and long-term care workers in Indiana.

According to Connell, serving more than 190,000 students at 19 campuses and 26 satellite locations as well as on-line, graduates more associate level nurses in Indiana.  Nearly half of these students are pursuing college credit while in high school. Ivy Tech is the nation’s single largest provider of dual credit.

Ivy Tech’s programs are especially designed to help graduates enter the workforce quickly and provide critical services for the state’s long-term care population at a tuition rate that is the lowest in the state, he notes. “One in three Registered Nurses [in Indiana] is an alum. More than 90% of its nursing graduates choose to remain in Indiana, working in hospitals and care settings,” he adds.

The last witness, Jasmine L. Travers, assistant professor at New York University’s College of Nursing,  concisely summed up how to fix the nursing shortage.  She suggested: “To improve access to and quality of long-term are, we must ensure that all direct care workers receive a living wage, a safe, respectful work environment, opportunities for advancement, adequate training, and accessible benefits to maintain their health and well-being.  Only when we recognize that these workers are critically important, hardworking processionals, can we begin to improve equity and health outcomes for staff and patients alike.”

Putting the spotlight on Rhode Island’s Direct Care Staffing Shortage

According to John E. Gage, MBA, NHA, President & CEO, of the Rhode Island Health Care Association (RIHCA), the Covid-19 pandemic had a dramatic impact on the healthcare sector across the country and especially in Rhode Island, and a disproportionate impact on nursing facilities. On a national level, in February 2020 nursing facilities workforce totaled 1,587,000. Today, it is 1,462,800, down by 124,200 or 7.8%. In Rhode Island, it is more dramatic. Pre-pandemic RI nursing facility workforce was 9,797 (2/2020). Current BLS data shows the most recent number of workers in RI nursing facilities is 8,300 – down 1,497 workers or 15.3%.  This is just about double the rate of loss of workers post-pandemic in RI compared to the national statistics.

“There are some local efforts to attract workers back to RI nursing homes,” says Gage, noting that there is a need to be laser-focused on workforce development efforts. 

Gage calls for RI Medicaid to increase reimbursements to nursing facilities to cover today’s actual cost of care, not on facility costs from 2011 (13 years ago!) with minimal average inflationary increases in the 11 years since the price-based reimbursement methodology began in 2013.  According to Gage, RI nursing facilities need an adequate, sustainable reimbursement system to foster continued high-quality care and services and provide nursing home with rates that enable them to retain current workers and recruit more caregivers.

RIHCA, a non-profit trade association representing more than 80 percent of the nursing homes in the state, and its parent organization, the American Health Care Association (AHCA) support the legislative efforts of Senator Casey’s Long-Term Care Support Act. “We support all efforts to increase Medicaid rates to enable facilities to regain and grow their workforce – both direct care and ancillary staff, to enhance the quality of care and quality of life for our nation’s and RI’s most frail elder citizens today and for the years ahead,” he says. 

“It is heartening to see the Senate Committee on Aging and leading members of Congress addressing the care worker crisis in long term care including supporting our many thousands of unpaid caregivers who provide a significant portion of long term supports and services,” says Maureen Maigret, policy advisory of the Senior Agenda of RI (SACRI). Multifaceted solutions are needed, adds Maigret that include supporting training programs for nurses and paraprofessionals, career ladders and providing adequate Medicaid provider payments as Medicaid is the primary payer for long term care.

According to Maigret, in homecare alone, 75% of persons referred for subsidized home and community care through the state Medicaid or the Office of Healthy Aging Home Cost Share program are waiting two months, and often longer, to get services. “Our nursing homes are challenged to recruit the nursing staff needed to provide resident-centered quality care. Federal funding during the pandemic brought some funding in to support worker wages but that funding has ended,” she says.

“The state Healthcare Workforce Initiative led by the Executive Office of Health and Human Services and the Department of Labor has been looking at needs across the healthcare system and addressing some of the training and education issues,” says Maigret, noting that advocacy groups, such as the SACRI, support the Medicaid reimbursement rate increases as recommended by the Office of the Health Insurance Commissioner. “These rate increases are necessary to reduce service wait lists and provide livable wages for direct care staff many of whom are women and women of color,” she says. 

Over 23 years ago, in his weekly commentaries in the Pawtucket Times, this writer reported on the crisis of a direct care staffing shortage and inadequate reimbursement being paid to  nursing facilities to care for Rhode Island’s fail seniors. Isn’t it finally time for the Rhode Island General Assembly to come up with the necessary funds and strategy to fix these problem once and for all?

To watch the Senate Aging Committee hearing held on April 16, 2024, go to https://www.aging.senate.gov/hearings/the-long-term-care-workforce-addressing-shortages-and-improving-the-profession

Senate Aging Committee tackles AI generated scams

Published in RINewsToday on January 8, 2024

Over two months ago, U.S. Senate Special Committee on Aging Chairman, Bob Casey (D-PA), put the spotlight on Artificial Intelligence (AI) driven fraud and scams. During the Nov. 16 hearing held in SD-106, “Modern Scams: How Scammers Are Using Artificial Intelligence & How We Can Fight Back,” the Senate panel highlighted the most common scams targeting seniors in 2023 with a focus on how scammers are using AI to create voice-clones and deep fakes to deploy scams and convince targets of their veracity. The hearing also explored how AI is being used to enhance fraud detection technology.

During the Senate panel hearing, lasting one hour and a half, Chairman Casey announced the Senate Aging Committee’s release of its annual Fraud Book, and brochure on AI-powered  scams and a bookmark featuring tips to avoid scams. Chairman Casey also noted he would approach the Federal Trade Commission (FTC) to request information about the agency’s work to track the use of AI scams targeted to older Americans.  On Dec. 5, Casey sent a letter to the FTC urging the agency to track AI scams.

Senate Panel Takes a Look at AI’s Good and Bad

“Today, we heard disturbing testimony about scammers using artificial intelligence to make their ploys more life-like and convincing,” said Chairman Casey in his opening remarks. “Any consumer, no matter their age, gender, or background, can fall victim  to these ultra-convincing scams, and the stories we heard today from individuals across the country are heartbreaking. As a parent and grandparent, I relate to the fear and concern these victims must feel. Federal action is needed to put up guardrails to protect consumers from AI—while also empowering those that can use it for good,” he said.

At the Senate Panel hearing, Ranking Member Mike Braun of Indiana warned that an increasing number of sophisticated fraudsters are carrying out AI attacks on seniors by utilizing voice-cloning and deepfakes to create images nearly identical to a real-live  person to dupe consumers into giving away valuable information and money.

“In context of frauds and scams, AI can be leverage negatively – but it can also be part of the solution,” says Braun.

According to Braun, the private sector has used AI and machine learning since the 1990s to combat fraud.  He called on the federal government to embrace similar technology by testing promising solutions to systems that suffer the most fraud, like Medicare.

Gary Schildhorn, a Philadelphia attorney told the Senate panel about his story of an attempted scam against him where his son’s voice was cloned by AI.  When he received a call that sounded like his son Brett, saying he had been in a car accident and needed $9,000 to post bail, he almost fell for the scam.

“There was no doubt in my mind that it was his voice on the phone—it was the exact cadence with which he speaks.  I sat motionless in my car just trying to process these events. How did they get my son’s voice? The only conclusion I can come up with is that they used artificial intelligence, or AI, to clone his voice…it is manifestly apparent that this technology… provide a risk-less avenue for fraudsters to prey on us,” says Schildhorn.

In his testimony, Steve Weisman, an Amherst attorney with Margolis, Bloom & D’Agostino who teaches white-collar crime at Bentley College in Waltham, pointed to the Federal Trade Commission’s Consumer Sentinel report for 2022, revealing that seniors reported more than $1.6 billion in losses to frauds and scams. But the actual amount could be as high as $48.4 billion, he says, because many were afraid to report losing money due to embarrassment or sham.

Seniors Tempting Target to AI Scammers

Seniors are the target of scammers because “that is where the money is,” notes Weisman, because they may have a “life time of accumulated savings that make them a tempting target for scammers.”

According to Weisman, AI has created additional opportunities for phone call scams,  because it can be used to remove foreign accents from scammers voices, making them appear more reliable.  AI created Robocall scripts can enable conversations with the scammer’s targeted victims, too.  Finally, AI cloning technology can make the targeted victim below they are talking to a loved one.

Weisman says that AI can be used by scammers to set up social media bots that appear to come from “real” people.  This allows them to create large numbers of believable bots to promote numerous scams, particularly involving cryptocurrency.

Scammers are now using AI technology more effectively in romance and family emergency scams, too, warns Weisman. 

AI can create fake profiles on multiple dating platforms, writing a grammatically correct biography, making it easier for scammers in foreign countries who are not familiar with speaking English. AI can also create photos or deepfakes for the profile, he says.

Weisman told the panel that AI generating software can create an audio voice that sounds exactly like that of the grandchild, using as little as 30 seconds worth of the grandchild’s voice.

Seeking a Balanced Approach

“The interplay of AI and scams brings forth both challenges and opportunities. Striking a careful balance between fostering AI innovations and protecting vulnerable populations is paramount,” says Dr. Tahir Ekin, of the San Marcus, Texas -based McCoy College of Business.

“In the fight against AI driven scams, awareness and AI literacy are crucial weapons,” says Ekin. “Existing efforts that educate seniors on safe digital practices, such as the work FTC Federal Advisory Council and the “Pass It On” campaign, can be enhanced to include AI related scams,” he says.

Tom Romanoff, Director, Technology at the Washington, DC-based Bipartisan Policy Center, stated, “As the good of this technology is being explored, we must acknowledge AI’s risks and seek a balanced approach, focusing on curtailing abuse while promoting positive uses and innovations.”

“As I stated in the beginning, we must tackle the abuse while driving toward positive application to safeguard its adoption,” says Romanoff.

To view the Senate Aging hearing, held on Nov. 16, go to: https://www.youtube.com/watch?v=7CMhzgQdz_I.

For a copy of Fighting Fraud: Top Scams in 2022,  go to https://www.aging.senate.gov/imo/media/doc/fraud_book_2023__english.pdf

Casey Calls on Federal Agencies to Enhance Web Access for People with Disabilities, Seniors

Published in RINewsToday on February 27, 2023

After Sen. Bob Casey (D-PA) introduced on March 20, 2020, the bipartisan Department of Veterans Affairs Website Accessibility Act with Sen. Jerry Moran (R-KS) and Rep. Elaine Luria (D-VA), the legislative proposal passed both chambers to ultimately be signed into law nine months later by President Donald Trump. The new law directed the U.S. Department of Veteran Affairs (VA) to report to Congress regarding the he accessibility of VA websites to people with disabilities.

Casey calls for better website technology 

On Dec. 20, 2022, Casey released Unlocking the Virtual Front Door, a 72-page report detailing the findings of an 11-month investigation that found widespread failure across the federal government to ensure that website technology is accessible for people with disabilities, seniors, and veterans. The investigators identified the absence of U.S. Department of Justice (DOJ) reporting as a contributing factor to widespread accessibility gaps at the numerous federal departments and agencies.

On June 30, 2022, Casey led a bipartisan group of Senators respondence led by Casey in sending correspondence to DOJ Attorney General Merrick Garland demanding answers from the agency on its lack of website accessibility for people with disabilities. 

Earlier that month, Casey also had sent correspondence to VA Secretary Denis McDonough urging the agency to improve VA website accessibility for disabled veterans.

Casey also released a report from the VA from the VA which found that only 10 percent of VA websites are fully accessible for people with disabilities, as required by law, posing barriers to deaf, blind and paralyzed veterans as well as tens of thousands of veterans with other disabilities. 

On July 28, 2022, Casey’s Senate Aging Committee held a hearing that further investigated the issue the issue of federal website accessibility.

With Casey’s ongoing pressure, ultimately DOJ would finally release a report last week  for the first time in a decade.  

Reaction’s to DOJ’s website data release

Casey, Chair of the Senate Special Committee on Aging, quickly reacted to the release of DOJ data in a Feb. 22, 2023, press release, noting that the agency was required by Section 508 of the Rehabilitation Act to provide a report to Congress and the President every two years on federal technology accessibility. “Despite this mandate, the latest report was from 2012, leaving taxpayers in the dark for over a decade about the accessibility of government technology, including websites, for people with disabilities,” said the press release.

While new data confirmed the findings of Casey’s recent investigation that exposed widespread accessibility barriers to federal technology, the press release criticized the data as “insufficient and incomplete,” calling on DOJ and the entire federal government to prioritize technology and web accessibility and transparency.

Section 508 of the Rehabilitation Act requires the federal government to make all its website information technology accessible to people with disabilities. Unfortunately, because of ongoing barriers to federal website and technology access, Casey charges that many people with disabilities—including seniors and veterans—are being barred from accessing key government resources, facing barriers to accessing information about COVID-19, filing claims and accessing health care, using VA kiosks, and more.

Casey’s repeated calls for data for transparency confirmed by his investigation that revealed that people with disabilities are being locked out of government services and are not given a level playing field in federal workplaces due to inaccessible technology. ”Unfortunately, after a decade of keeping the public in the dark, DOJ has not provided Americans with disabilities insight into what progress has been made over that time period—which will make it harder for the federal government to remedy these issues and ultimately improve web and technology accessibility,” says the Pennsylvania Senator. “It is clear that the federal government has a lot more work to do to make technology accessibility and transparency a priority and fulfill our promise to Americans with disabilities, older adults, and veterans,” he said.

Casey urged the DOJ to improve transparency around Section 508 compliance by returning to their mandated biennial reporting and ensuring their reports are modeled more closely after the agency’s 2012 web report  instead of an abridged data set that DOJ released last week 

Taking a closer look 

DOJ’s recently released report, based on data from Feb. 2021 through August 2022, compiled in partnership with the General Services Administration, found that one in 10 public-facing websites at major federal departments and agencies are not fully accessible for people with disabilities. In addition, three in five internal websites at major federal departments and agencies are not fully accessible to people with disabilities.

According to the data, the Department of Agriculture, Department of Labor, Department of State, and VA reported that 50 percent or less of the public-facing websites that were tested comply with federal accessibility requirements.

The DOJ data noted that some departments and federal agencies did not report conducting any accessibility testing of internal websites. It not clear what steps departments and agencies are taking to test other types of technology covered by Section 508 of the Rehabilitation Act. 

DOJ data indicated that key government agencies, including DOJ itself, as well as the Department of Agriculture, the Department of Defense, and the Environmental Protection Agency did not have adequate “resources committed and/or staff trained to implement policies, processes, and procedures.” These shortfalls in staffing were reflected in data regarding the low number of federal and contract employees directly supporting Section 508 programs in many agencies. 

DOJ also found that “agency maturity remains largely unchanged from prior reporting,” raising concerns that, despite over a decade of technological evolution, many federal government agencies have not made efforts to improve and better integrate Section 508 compliance and ensure the federal government’s resources are available for people with disabilities, including taxpayers and federal workers.

Finally, Casey observed that DOJ’s recommendations underscore many of the recommendations he made in his report, which called for enhanced oversight and transparency from DOJ regarding Section 508 compliance as well as better integration of accessibility into everyday oversight efforts at every federal agency.