A Medical Device Daily

The Justice Department reported a settlement with the South Carolina Department of Mental Health regarding civil rights violations at the C.M. Tucker Jr. Nursing Care Center (Columbia, South Carolina) a state-owned nursing home serving nearly 360 residents, 70 of whom are veterans. The agreement requires reforms to ensure that residents are provided adequate medical, mental health and nursing care, and are protected from harm.

"We greatly appreciate the effort and cooperation of both the state and the Department of Mental Health in working with us to improve care for Tucker residents," said Grace Chung Becker, Acting Assistant Attorney General for the Civil Rights Division. "This agreement establishes systems to ensure that nursing home residents receive adequate services to meet their needs."

Under the terms of the settlement agreement, Tucker residents will receive healthcare services sufficient to ensure that they obtain their highest practical, physical, mental and psychosocial well-being. Specifically, the state has agreed to take measures to ensure that residents are provided adequate:

• Medical, mental health and psychiatric care;

• Nutrition and hydration;

• Pain management and end-of-life care;

• Protection from harm, including falls; and

• Activities and psychosocial programs.

In addition, the state and the South Carolina Department of Mental Health will ensure that Tucker residents are being served in the most integrated setting appropriate to their needs.

The Justice Department conducted its investigation pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), which authorizes the Attorney General to investigate conditions in certain institutions owned or operated by, or on behalf of, state and local governments. CRIPA's focus is on systemic deficiencies rather than individual, isolated problems.