Delaware struggles to investigate nursing homes, assisted living facilities. What to know

Delaware’s Division of Health Care Quality, which oversees about 80 assisted living facilities and nursing homes, has struggled for about a decade to investigate complaints – particularly for assisted living facilities, a Delaware Online/News Journal investigation found. 

Complaints are often the only tool Delawareans have to keep long-term care facilities accountable. But for many families, including the family of former geriatric nurse Mary Claudia Jones Barthelmeh, it can lead to little recourse.

MORE COVERAGE:She was a geriatric nurse. Why did it take Delaware so long to realize she was neglected?

Assisted living facilities have no federal oversight, which means it is up to states to serve as a watchdog.

The Division of Health Care Quality, as of March, had 1,474 complaints for nursing homes and assisted living facilities in its backlog. Data analyzed by The News Journal shows that since 2013, assisted living complaints are overall often investigated less than nursing homes. 

From 2013 to 2021, an average of about 22% of the assisted living complaints filed were investigated by the state each year. Nursing home complaints, in comparison, had an average investigation rate of about 49% in that time period.

The state has chronically struggled with hiring and retaining staff to investigate these facilities, in part because of low salaries. The division has asked for additional funding in recent years but has been repeatedly denied by the governor’s office.

Not enough employees to investigate

Health Secretary Molly Magarik acknowledged at a February budget hearing that the state does not have enough employees to investigate complaints. As a result, the state is also not in federal compliance. 

“We're doing what we can to meet as much of the federal requirements as possible and then having very candid conversations with the federal government about where we are,” she said. 

“Part of what we're hearing back is: ‘Delaware is not alone in this crisis.’”

Want to share your story?

The General Assembly’s long-term care and memory care task force is planning to have a public meeting from 5 to 7 p.m. on April 20. 

The group, which mostly consists of lawmakers and people from the health care industry, has been meeting for a few months now. It was a result of the COVID-19 pandemic, which showed how understaffed long-term care facilities are in Delaware. 

Caregivers are advocating to improve dementia care in Delaware, particularly in assisted living facilities. They are looking for the state to update regulations to require better training and care for these residents.

The April 20 meeting will be virtual. You can register here. More information is available at legis.delaware.gov.

The News Journal is looking to dive deeper into the state of assisted living in Delaware. If you are interested in sharing your story, please fill out this form. You can also contact Meredith Newman directly at mnewman@delawareonline.com and 302-256-2466.