RI EOHHS Clarifies Status of Probationary DD License Involving Maher Center in Newport

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By Gina Macris

The James L. Maher Center of Newport is correct in saying that the state has not downgraded the developmental disability service license of the entire agency, a spokeswoman for the Rhode Island Executive Office of Human Services (EOHHS) said Tuesday, Nov. 15. 

The Department of Behavioral Healthcare, Developmental Disabilities and Hospitals (BHDDH) has put one group home, at 228 Carroll Ave., on conditional, or probationary, status as a result of an internal investigation that found its staff abandoned a resident at Newport Hospital May 3, according to the spokeswoman.

But Jennifer Wood, the Deputy Secretary of Health and Human Services, says that "the accountability for the failure to comply with regulations and requirements at the Carroll Avenue group home resides with the management of the agency as a whole." 

The Maher Center has appealed the conditional license, which lasts for six months. During that period the agency is subject to heightened oversight by the state, according to Wood.

On Nov. 16, Wood elaborated: "In the currently pending matter BHDDH will prove that the agency did not operate that home consistent with the regulations, and unless they prove that they are operating consistent with the rules during the conditional license period, they may not be able to retain a license to operate that home in future.  

"If we also learn that other homes for which they are licensed are not operating consistent with the regulations, then we would take additional action regarding the licenses for those other facilities. We are very committed to more closely supervising the agency and in particular the management of the agency regarding the appropriate operation of the Carroll Avenue group home as well as all homes operated by the agency," Wood said Nov. 16.

The Maher Center will have its say before an EOHHS hearing officer, according to the EOHHS spokeswoman, but that session has not yet been scheduled. 

The Maher Center’s executive director, William Maraziti, issued a statement Nov. 10 denying the agency has ever abandoned any client. 

The agency is “extremely disappointed” with a “flawed investigation” that led to “unsubstantiated conclusions” by the BHDDH investigatory unit, according to the statement Nov. 10. 

Wood has said that even though the case involved the experience of just one client, the investigation raises “systemic issues” about the quality of care and respect for human rights.

The Maher Center has 16 licenses, according to the EOHHS spokeswoman. They cover: 

  • 12 residential licenses (1 for each residential home)
  • 1 agency license (the corporate “overall” license/oversight license)
  • 2 center based day program licenses (for non-residential day programs)
  • 1 service license (license that identifies all services that agency can provide)

 

 

Maher Center Disputes RI's Adverse Licensing Action In Formal Announcement of Appeal

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By Gina Macris

The James L. Maher Center in Newport, RI., is “extremely disappointed” with “unsubstantiated conclusions” that it abandoned a young woman with developmental disabilities in its care at Newport Hospital last May, according to William Maraziti, the agency’s executive director.  

In a statement released Nov. 10, the agency says it has filed a formal appeal of an adverse licensing action taken by the RI Department of Behavioral Healthcare, Developmental Disabilities and Hospitals. 

After a four-month inquiry, BHDDH investigators recommended in September that the department’s “licensing unit issue a conditional license to the James L. Maher Center,” according to their September report. 

By early October, licensing officials had followed through, according to a spokeswoman for the Executive Office of Health and Human Services. 

At the time, Jennifer Wood, the Deputy Secretary for Health and Human Services said that even though the case involved the experience of just one client, the investigation raises “systemic issues” about the quality of care and respect for human rights.

The findings demonstrated that the Maher Center is “not reliably following the rules and regulations” of the Division of Developmental Disabilities, Wood said. She said a conditional license, good for six months, is the equivalent of a probationary license.

But the Maher Center says that the “flawed investigation resulted in the downgrading to ‘conditional status’ the state license on one of the Maher Center’s 11 group homes.” 

“Recent media reports wrongly implied that the action was taken against the Maher Center’s agency license, which is the Center’s authority to provide services as a developmental disability organization,” the statement said. 

“By availing itself of the appeal process, the Maher Center intends to remove this unjust blemish on its 63-year record,” the statement continued. 

“We have never abandoned any of our participants – and certainly didn’t in this circumstance,” Maraziti said, calling the investigators’ report “inflammatory” and its allegations “without merit.”   

A spokeswoman for Wood confirmed in October that the Maher Center had begun the appeal process. 

The first step in the process is a meeting with investigators to determine if differences can be resolved, and the next step is a request for a hearing before an EOHHS hearing officer, according to the spokeswoman. 

The agency’s statement offered no details about the formal appeal, and through a spokesman, Maher Center officials declined to answer questions.