Health
Paid to Sleep: NY Cracks Down on Napping Health Workers
MICHAEL VIRTANEN, Associated Press
ALBANY, N.Y. (AP) — By day, Tanya Lemon was a 35-year-old single mother who took care of her four children. By night, she worked 12-hour shifts as a nurse at a state group home in suburban Syracuse, paid to watch over vulnerable residents as they slept.
That’s also when she got her own sleep, prosecutors say — a routine that led to felony charges when Dennis Dattalo, a 25-year-old disabled man who couldn’t speak, ran low on oxygen while on her watch and later died.
The case has brought renewed attention in New York to the problem of fatigue among health care workers — and in particular highlights the low-paid nurses, aides and others who care for vulnerable people at night, when sleeping can all too often become part of the job.
Nurse Barbara Parsons worked with Lemon at the Briarwood Lane home in DeWitt, making $34,000 a year. Some staff, she said, signed up for extra shifts to get overtime pay and would shave a half-hour off second shifts to avoid rules limiting work hours. Sleeping on night shifts was common knowledge.
“She wasn’t the only one,” Parsons said. “Everybody knew it.”
While health workers who willfully sleep on the job — as opposed to nodding off or making errors because of fatigue — are more often disciplined or terminated, Lemon’s case last spring fired up prosecutors and invigorated a push by regulators in New York.
New York’s Justice Center for the Protection of People with Special Needs, established in mid-2013 with oversight of six state agencies responsible for more than a million people in direct state care or state-funded nonprofits, identified 458 reports alleging abuse or neglect from its first year that cited sleeping on the job. An additional 64 were classified as “significant incidents,” with potential to harm someone’s health, safety or welfare.
The center in December issued guidance to agencies, caregivers and families statewide in the effort to detect and deter the problem.
Statistics on the number of prosecutions of sleeping health workers are scant; several states contacted by The Associated Press said they don’t track such cases. But judging by the number of cases of sleeping in New York and Ohio, the problem is fairly widespread.
In Ohio Last year, the Department of Developmental Disabilities substantiated 88 instances in which paid caregivers slept on the job. Many happened on overnight shifts, when individuals in their care were asleep. No harm came about, and no law enforcement action was taken.
New York’s guidance on the fatigue problem cited five specific cases of developmentally disabled, mentally ill, drug-addicted and juvenile clients in state homes, all considered vulnerable and needing supervision. One had an unattended seizure. Another, with a tendency to choke, was eating alone at night. Others helped themselves to unlocked medications. One ran away. Six were in a vehicle when their caregiver fell asleep and crashed.
Patricia Gunning, the special prosecutor for New York’s Justice Center for disabled people, led the case against Lemon. She draws a sharp distinction between fatigue or nodding off and deliberate sleeping.
“Willful sleeping on the job is something that rises to criminal conduct,” Gunning said. Her office is investigating another possible criminal case. If they can prove supervisors knew about sleeping and looked the other way, at the Briarwood Lane home or any others, they’ll also be prosecuted, she said.
According to authorities, Lemon was supposed to check on Dattalo every two hours to ensure he was getting enough supplemental oxygen from a mask and to keep his airway clear. For eight hours he wasn’t checked, suffered brain damage from oxygen deprivation and was taken to a hospital, where he died 14 days later.
Lemon pleaded guilty to felony endangerment of a disabled person, was sentenced to 90 days in jail and five years’ probation, lost her nursing license, and is barred from working with individuals New York considers vulnerable.
Advocates for health workers like Lemon note that they work a tough job at a trying schedule for low pay, and have called for raises for what they say is important and underappreciated work caring for people who can’t care for themselves.
Lemon’s attorney, Jeffrey DeRoberts, said she has taken responsibility and is returning to school to learn to drive a truck, and he also noted case information indicated napping on overnight shifts was “not unusual” at Briarwood Lane.
“She was doing the best she could,” he said.
___
Online:
Report from New York’s Justice Center for the Protection of People with Special Needs:
http://on.ny.gov/1F9rs4H
Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Activism
A Student-Run Group Provides Critical Support Services to Underserved Residents
Those visiting The Suitcase Clinic can get legal advice, sign up for food assistance, receive housing resources, get medical help, or enjoy a hot, fresh meal. They can also get haircuts and foot washes from the student volunteers. Nilo Golchini, executive director of the clinic, said one of the goals for most of the students working there is helping bridge the gap of trust that exists between many unhoused people and the healthcare and social welfare systems.
Part One
By Magaly Muñoz
Every Tuesday evening, the dining hall of First Presbyterian Church fills up with dozens of people eating, laughing and moving from table to table, receiving much-needed services from UC Berkeley students – just a few blocks away from the university’s campus.
Individuals seeking support services can be found in this multi-stationed room on the south end of the church talking to law students, student case managers, or receiving medical attention in a corner by healthcare professionals.
This weekly event is hosted by Cal students through a volunteer-run program called The Suitcase Clinic.
The clinic, founded in 1989, was intended to offer free resources to underserved communities in Berkeley and surrounding cities. The majority of the clinic’s clientele are unhoused or low-income people looking for extra support.
Those visiting the clinic can get legal advice, sign up for food assistance, receive housing resources, get medical help, or enjoy a hot, fresh meal. They can also get haircuts and foot washes from the student volunteers.
Nilo Golchini, executive director of the clinic, said one of the goals for most of the students working there is helping bridge the gap of trust that exists between many unhoused people and the healthcare and social welfare systems.
During their tenure in the program, many of the students say they become strong advocates for homelessness rights.
“We’re also standing in solidarity with them. So, it’s not saying, ‘I’m going to help you, but I’m also going to stand with you,’” Golchini said.
Student volunteers get extensive training prior to working directly with clients. Those interested have to take a semester-long class to become versed in areas such as outreach, intersectionality, how to interact with unhoused people, how to sign people up for social services. and more.
Volunteers then get to pick from three different clinics: General, Women’s, or Youth and LGBTQ+.
The General Clinic is the most popular among visiting residents, while Women’s and Youth/LQBTQ+ have more specialized services for attendees.
The Women’s Clinic has many of the similar services to General, but also includes nail painting, childcare, and massages.
The Youth and LGBTQ+ Clinic offers a safe space for young people navigating living on the streets, with services that include housing referrals, wellness and recreation classes and employment resources.
Golchini explained that it’s important for them to keep these clinics separate because the different demographics experience poverty and homelessness differently than those who visit the General Clinic.
“We’re able to provide spaces where people can come in and feel safe and not feel like they’re constantly worried that something’s going to happen to them,” she said.
An outreach team also visits encampments every other Saturday in the Berkeley area to provide hygiene kits and encourage people to visit the in-person clinic, if possible.
However, Golchini said engagement has been low for some time now due to a recent decision by the U.S. Supreme Court that allows cities to ban and cite people for sleeping on the streets.
She said a lot of their clientele got displaced to other cities over time, making it difficult to stay in contact with the services the Clinic was providing for them.
But that hasn’t slowed down the students at the Clinic, if anything, it has pushed them to do more for the community they serve.
Activism
Delta Sigma Theta Alumnae Chapters Host World AIDS Day Event
With members from Berkeley Bay Area, Oakland East Bay (OEB) and Hayward Tri-City chapters present, the event opened with Oakland City Councilmember Treva Reid sharing data and legislation that has passed to address the safety, health, and well-being of Black women in the state of California. Attendees were able to learn directly from expert guest speakers, including Shimere Harrington from ViiV Healthcare, Barbara Green-Ajufo, an epidemiologist from UCSF Center for AIDS Prevention Studies (CAPS), and Dot Theodore, director of the HIV Care Program Division of Center for Disease Control and Prevention (CDC) for Alameda County.
By Don-Neva E. Johnson and Petrina Alexander Perteet
Special to The Post
The International Awareness and Involvement (IA&I) committees of East Bay chapters of Delta Sigma Theta Inc. proudly hosted a successful World AIDS Day event on Dec.1, bringing together community members, healthcare professionals, and advocates to raise awareness and support the fight against HIV/AIDS.
With members from Berkeley Bay Area, Oakland East Bay (OEB) and Hayward Tri-City chapters present, the event opened with Oakland City Councilmember Treva Reid sharing data and legislation that has passed to address the safety, health, and well-being of Black women in the state of California.
Attendees were able to learn directly from expert guest speakers, including Shimere Harrington from ViiV Healthcare, Barbara Green-Ajufo, an epidemiologist from UCSF Center for AIDS Prevention Studies (CAPS), and Dot Theodore, director of the HIV Care Program Division of Center for Disease Control and Prevention (CDC) for Alameda County.
The speakers provided valuable insights into the current state of HIV/AIDS, advancements in treatment, and the importance of prevention and support.
“The outcome of this day is more than what we could have hoped for, and we are deeply grateful for the participation of our distinguished speakers and the support of our sponsors,” said Don-Neva Johnson and Tracy Diop, IA&I committee chairs for Berkeley Bay Area and Hayward Tri-City.
“Their contributions helped us create an informative and empowering event for our community,” said event organizer Dr. Natalie Wilson, associate professor of UCSF School of Nursing and IA&I committee chair.
Held at the Samuel Merritt Health Education Center at 400 Hawthorne Ave. in Oakland, the event was made possible by the generous support of sponsors ViiV healthcare, Gilead Sciences, and Good Health WINs. Attendees received gift bags and had the opportunity to engage with educational tables from Gilead, participate in a Q&A session with speakers led by Wilson.
Delta Sigma Theta Incorporated is an organization of college-educated women committed to the development of its members and offer public service with a primary focus on the Black community. We are dedicated to empowering our communities through education, advocacy, and support around the world.
Activism
Outgoing D.A. Pamela Price Releases Report on County Gun Violence Epidemic
The 84-page report is divided into two parts: the Public Health Impact of Violence and the Contribution of Structural Inequalities; and the Public Safety Impact of Gun Violence and the Regulation of Firearms. Each section documents trends in rising gun violence in the wake of the COVID-19 pandemic, with special attention to the rise in gun-related deaths of women and children in Alameda County. Each section advises innovative approaches for the County to address gun violence and build safe communities.
By Post Staff
Criminal Justice Reformer District Attorney Pamela Price, who is leaving office this week after losing a recall election, released a comprehensive report on the gun violence epidemic and public health emergency in Alameda County: “Tackling Gun Violence Epidemic in Alameda County: A Public Health Emergency (2019-2023).”
This report represents an unprecedented collaboration between public safety and public health partners and provides data and recommendations to guide the County’s continued work to reduce violence while advancing justice reform.
The 84-page report is divided into two parts: the Public Health Impact of Violence and the Contribution of Structural Inequalities; and the Public Safety Impact of Gun Violence and the Regulation of Firearms.
Each section documents trends in rising gun violence in the wake of the COVID-19 pandemic, with special attention to the rise in gun-related deaths of women and children in Alameda County. Each section advises innovative approaches for the County to address gun violence and build safe communities.
“Between 2019 to 2023, an average of three residents were killed by firearms each week in Alameda County, and behind every statistic is a shattered family and community,” said Price.
“Under my administration, the DA’s office has taken bold steps to combat gun violence while promoting equity and healing for survivors,” she said.
The report highlights strategies for keeping guns out of the hands of dangerous people. Last month, the DA’s office secured a $5.5 million grant from the California Judicial Council to help improve compliance and case management for gun cases and gun relinquishment orders —the removal of guns from people prohibited from possessing a firearm – with law enforcement and court partners.
This effort builds on Price’s work in 2023 and 2024 in attacking the gun violence epidemic.
“We launched an innovative Gun Violence Restraining Order Outreach Project to educate communities about the availability of tools to remove guns and ammunition from people who are a danger to themselves and others and the intersectionality of domestic violence and gun violence and convened gun violence roundtable conversations with our law enforcement partners and collaborated with the Alameda County Public Health Department to produce this comprehensive report,” she said.
“We supported Oakland’s CEASEFIRE program through its transition and implemented a pilot Mentor Gun Diversion Program with our collaborative court partners, offering non-violent youth in possession of a gun pathways to interrupt the potential for escalating harm.” added Price.
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Health
Paid to Sleep: NY Cracks Down on Napping Health Workers
MICHAEL VIRTANEN, Associated Press
ALBANY, N.Y. (AP) — By day, Tanya Lemon was a 35-year-old single mother who took care of her four children. By night, she worked 12-hour shifts as a nurse at a state group home in suburban Syracuse, paid to watch over vulnerable residents as they slept.
That’s also when she got her own sleep, prosecutors say — a routine that led to felony charges when Dennis Dattalo, a 25-year-old disabled man who couldn’t speak, ran low on oxygen while on her watch and later died.
The case has brought renewed attention in New York to the problem of fatigue among health care workers — and in particular highlights the low-paid nurses, aides and others who care for vulnerable people at night, when sleeping can all too often become part of the job.
Nurse Barbara Parsons worked with Lemon at the Briarwood Lane home in DeWitt, making $34,000 a year. Some staff, she said, signed up for extra shifts to get overtime pay and would shave a half-hour off second shifts to avoid rules limiting work hours. Sleeping on night shifts was common knowledge.
“She wasn’t the only one,” Parsons said. “Everybody knew it.”
While health workers who willfully sleep on the job — as opposed to nodding off or making errors because of fatigue — are more often disciplined or terminated, Lemon’s case last spring fired up prosecutors and invigorated a push by regulators in New York.
New York’s Justice Center for the Protection of People with Special Needs, established in mid-2013 with oversight of six state agencies responsible for more than a million people in direct state care or state-funded nonprofits, identified 458 reports alleging abuse or neglect from its first year that cited sleeping on the job. An additional 64 were classified as “significant incidents,” with potential to harm someone’s health, safety or welfare.
The center in December issued guidance to agencies, caregivers and families statewide in the effort to detect and deter the problem.
Statistics on the number of prosecutions of sleeping health workers are scant; several states contacted by The Associated Press said they don’t track such cases. But judging by the number of cases of sleeping in New York and Ohio, the problem is fairly widespread.
In Ohio Last year, the Department of Developmental Disabilities substantiated 88 instances in which paid caregivers slept on the job. Many happened on overnight shifts, when individuals in their care were asleep. No harm came about, and no law enforcement action was taken.
New York’s guidance on the fatigue problem cited five specific cases of developmentally disabled, mentally ill, drug-addicted and juvenile clients in state homes, all considered vulnerable and needing supervision. One had an unattended seizure. Another, with a tendency to choke, was eating alone at night. Others helped themselves to unlocked medications. One ran away. Six were in a vehicle when their caregiver fell asleep and crashed.
Patricia Gunning, the special prosecutor for New York’s Justice Center for disabled people, led the case against Lemon. She draws a sharp distinction between fatigue or nodding off and deliberate sleeping.
“Willful sleeping on the job is something that rises to criminal conduct,” Gunning said. Her office is investigating another possible criminal case. If they can prove supervisors knew about sleeping and looked the other way, at the Briarwood Lane home or any others, they’ll also be prosecuted, she said.
According to authorities, Lemon was supposed to check on Dattalo every two hours to ensure he was getting enough supplemental oxygen from a mask and to keep his airway clear. For eight hours he wasn’t checked, suffered brain damage from oxygen deprivation and was taken to a hospital, where he died 14 days later.
Lemon pleaded guilty to felony endangerment of a disabled person, was sentenced to 90 days in jail and five years’ probation, lost her nursing license, and is barred from working with individuals New York considers vulnerable.
Advocates for health workers like Lemon note that they work a tough job at a trying schedule for low pay, and have called for raises for what they say is important and underappreciated work caring for people who can’t care for themselves.
Lemon’s attorney, Jeffrey DeRoberts, said she has taken responsibility and is returning to school to learn to drive a truck, and he also noted case information indicated napping on overnight shifts was “not unusual” at Briarwood Lane.
“She was doing the best she could,” he said.
___
Online:
Report from New York’s Justice Center for the Protection of People with Special Needs:
http://on.ny.gov/1F9rs4H
Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Activism
A Student-Run Group Provides Critical Support Services to Underserved Residents
Those visiting The Suitcase Clinic can get legal advice, sign up for food assistance, receive housing resources, get medical help, or enjoy a hot, fresh meal. They can also get haircuts and foot washes from the student volunteers. Nilo Golchini, executive director of the clinic, said one of the goals for most of the students working there is helping bridge the gap of trust that exists between many unhoused people and the healthcare and social welfare systems.
Part One
By Magaly Muñoz
Every Tuesday evening, the dining hall of First Presbyterian Church fills up with dozens of people eating, laughing and moving from table to table, receiving much-needed services from UC Berkeley students – just a few blocks away from the university’s campus.
Individuals seeking support services can be found in this multi-stationed room on the south end of the church talking to law students, student case managers, or receiving medical attention in a corner by healthcare professionals.
This weekly event is hosted by Cal students through a volunteer-run program called The Suitcase Clinic.
The clinic, founded in 1989, was intended to offer free resources to underserved communities in Berkeley and surrounding cities. The majority of the clinic’s clientele are unhoused or low-income people looking for extra support.
Those visiting the clinic can get legal advice, sign up for food assistance, receive housing resources, get medical help, or enjoy a hot, fresh meal. They can also get haircuts and foot washes from the student volunteers.
Nilo Golchini, executive director of the clinic, said one of the goals for most of the students working there is helping bridge the gap of trust that exists between many unhoused people and the healthcare and social welfare systems.
During their tenure in the program, many of the students say they become strong advocates for homelessness rights.
“We’re also standing in solidarity with them. So, it’s not saying, ‘I’m going to help you, but I’m also going to stand with you,’” Golchini said.
Student volunteers get extensive training prior to working directly with clients. Those interested have to take a semester-long class to become versed in areas such as outreach, intersectionality, how to interact with unhoused people, how to sign people up for social services. and more.
Volunteers then get to pick from three different clinics: General, Women’s, or Youth and LGBTQ+.
The General Clinic is the most popular among visiting residents, while Women’s and Youth/LQBTQ+ have more specialized services for attendees.
The Women’s Clinic has many of the similar services to General, but also includes nail painting, childcare, and massages.
The Youth and LGBTQ+ Clinic offers a safe space for young people navigating living on the streets, with services that include housing referrals, wellness and recreation classes and employment resources.
Golchini explained that it’s important for them to keep these clinics separate because the different demographics experience poverty and homelessness differently than those who visit the General Clinic.
“We’re able to provide spaces where people can come in and feel safe and not feel like they’re constantly worried that something’s going to happen to them,” she said.
An outreach team also visits encampments every other Saturday in the Berkeley area to provide hygiene kits and encourage people to visit the in-person clinic, if possible.
However, Golchini said engagement has been low for some time now due to a recent decision by the U.S. Supreme Court that allows cities to ban and cite people for sleeping on the streets.
She said a lot of their clientele got displaced to other cities over time, making it difficult to stay in contact with the services the Clinic was providing for them.
But that hasn’t slowed down the students at the Clinic, if anything, it has pushed them to do more for the community they serve.
Activism
Delta Sigma Theta Alumnae Chapters Host World AIDS Day Event
With members from Berkeley Bay Area, Oakland East Bay (OEB) and Hayward Tri-City chapters present, the event opened with Oakland City Councilmember Treva Reid sharing data and legislation that has passed to address the safety, health, and well-being of Black women in the state of California. Attendees were able to learn directly from expert guest speakers, including Shimere Harrington from ViiV Healthcare, Barbara Green-Ajufo, an epidemiologist from UCSF Center for AIDS Prevention Studies (CAPS), and Dot Theodore, director of the HIV Care Program Division of Center for Disease Control and Prevention (CDC) for Alameda County.
By Don-Neva E. Johnson and Petrina Alexander Perteet
Special to The Post
The International Awareness and Involvement (IA&I) committees of East Bay chapters of Delta Sigma Theta Inc. proudly hosted a successful World AIDS Day event on Dec.1, bringing together community members, healthcare professionals, and advocates to raise awareness and support the fight against HIV/AIDS.
With members from Berkeley Bay Area, Oakland East Bay (OEB) and Hayward Tri-City chapters present, the event opened with Oakland City Councilmember Treva Reid sharing data and legislation that has passed to address the safety, health, and well-being of Black women in the state of California.
Attendees were able to learn directly from expert guest speakers, including Shimere Harrington from ViiV Healthcare, Barbara Green-Ajufo, an epidemiologist from UCSF Center for AIDS Prevention Studies (CAPS), and Dot Theodore, director of the HIV Care Program Division of Center for Disease Control and Prevention (CDC) for Alameda County.
The speakers provided valuable insights into the current state of HIV/AIDS, advancements in treatment, and the importance of prevention and support.
“The outcome of this day is more than what we could have hoped for, and we are deeply grateful for the participation of our distinguished speakers and the support of our sponsors,” said Don-Neva Johnson and Tracy Diop, IA&I committee chairs for Berkeley Bay Area and Hayward Tri-City.
“Their contributions helped us create an informative and empowering event for our community,” said event organizer Dr. Natalie Wilson, associate professor of UCSF School of Nursing and IA&I committee chair.
Held at the Samuel Merritt Health Education Center at 400 Hawthorne Ave. in Oakland, the event was made possible by the generous support of sponsors ViiV healthcare, Gilead Sciences, and Good Health WINs. Attendees received gift bags and had the opportunity to engage with educational tables from Gilead, participate in a Q&A session with speakers led by Wilson.
Delta Sigma Theta Incorporated is an organization of college-educated women committed to the development of its members and offer public service with a primary focus on the Black community. We are dedicated to empowering our communities through education, advocacy, and support around the world.
Activism
Outgoing D.A. Pamela Price Releases Report on County Gun Violence Epidemic
The 84-page report is divided into two parts: the Public Health Impact of Violence and the Contribution of Structural Inequalities; and the Public Safety Impact of Gun Violence and the Regulation of Firearms. Each section documents trends in rising gun violence in the wake of the COVID-19 pandemic, with special attention to the rise in gun-related deaths of women and children in Alameda County. Each section advises innovative approaches for the County to address gun violence and build safe communities.
By Post Staff
Criminal Justice Reformer District Attorney Pamela Price, who is leaving office this week after losing a recall election, released a comprehensive report on the gun violence epidemic and public health emergency in Alameda County: “Tackling Gun Violence Epidemic in Alameda County: A Public Health Emergency (2019-2023).”
This report represents an unprecedented collaboration between public safety and public health partners and provides data and recommendations to guide the County’s continued work to reduce violence while advancing justice reform.
The 84-page report is divided into two parts: the Public Health Impact of Violence and the Contribution of Structural Inequalities; and the Public Safety Impact of Gun Violence and the Regulation of Firearms.
Each section documents trends in rising gun violence in the wake of the COVID-19 pandemic, with special attention to the rise in gun-related deaths of women and children in Alameda County. Each section advises innovative approaches for the County to address gun violence and build safe communities.
“Between 2019 to 2023, an average of three residents were killed by firearms each week in Alameda County, and behind every statistic is a shattered family and community,” said Price.
“Under my administration, the DA’s office has taken bold steps to combat gun violence while promoting equity and healing for survivors,” she said.
The report highlights strategies for keeping guns out of the hands of dangerous people. Last month, the DA’s office secured a $5.5 million grant from the California Judicial Council to help improve compliance and case management for gun cases and gun relinquishment orders —the removal of guns from people prohibited from possessing a firearm – with law enforcement and court partners.
This effort builds on Price’s work in 2023 and 2024 in attacking the gun violence epidemic.
“We launched an innovative Gun Violence Restraining Order Outreach Project to educate communities about the availability of tools to remove guns and ammunition from people who are a danger to themselves and others and the intersectionality of domestic violence and gun violence and convened gun violence roundtable conversations with our law enforcement partners and collaborated with the Alameda County Public Health Department to produce this comprehensive report,” she said.
“We supported Oakland’s CEASEFIRE program through its transition and implemented a pilot Mentor Gun Diversion Program with our collaborative court partners, offering non-violent youth in possession of a gun pathways to interrupt the potential for escalating harm.” added Price.
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