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
LIVE! — TOWN HALL ON RACISM AND ITS IMPACT — THURS. 11.14.24 5PM PST
Join us for a LIVE Virtual Town Hall on the Impact of Racism hosted by Post News Group Journalist Carla Thomas and featuring Oakland, CA NAACP President Cynthia Adams & other Special Guests.
Thursday, November 14, 2024, 5 p.m. – 6:30 p.m. PST
Join us for a LIVE Virtual Town Hall on the Impact of Racism hosted by Post News Group Journalist Carla Thomas and featuring Oakland, CA NAACP President Cynthia Adams & other Special Guests.
Thursday, November 14, 2024
5 p.m. – 6:30 p.m. PST
Discussion Topics:
• Since the pandemic, what battles have the NAACP fought nationally, and how have they impacted us locally?
• What trends are you seeing concerning Racism? Is it more covert or overt?
• What are the top 5 issues resulting from racism in our communities?
• How do racial and other types of discrimination impact local communities?
• What are the most effective ways our community can combat racism and hate?
Your questions and comments will be shared LIVE with the moderators and viewers during the broadcast.
STREAMED LIVE!
FACEBOOK: facebook.com/PostNewsGroup
YOUTUBE: youtube.com/blackpressusatv
X: twitter.com/blackpressusa
Activism
NAACP California-Hawaii State Convention Highlights Black Voter Engagement, and More
A Friday panel featuring NAACP Chairman Leon W. Russell and Regina Wilson, Executive Director of California Black Media, examined Project 2025, an initiative perceived as a potential threat to civil rights, healthcare access, and environmental protection. This session emphasized Project 2025’s projected impact on Black communities, noting that policies within the initiative could diminish gains in civil and environmental rights over decades. Russell and Wilson highlighted the need for vigilant monitoring and community mobilization to address these challenges.
By Bo Tefu, California Black Media
The 37th NAACP California-Hawaii State Convention concluded on Sunday, Oct 27, following four days of discussions and workshops at the Los Angeles Airport Marriott. Bringing together civil rights leaders, policymakers, and advocates from California and Hawaii, the convention operated under the theme “All In.” The participants discussed critical issues impacting Black communities, including criminal justice reform, health equity, economic empowerment, education, environmental justice, and voting rights.
A Friday panel featuring NAACP Chairman Leon W. Russell and Regina Wilson, Executive Director of California Black Media, examined Project 2025, an initiative perceived as a potential threat to civil rights, healthcare access, and environmental protection. This session emphasized Project 2025’s projected impact on Black communities, noting that policies within the initiative could diminish gains in civil and environmental rights over decades. Russell and Wilson highlighted the need for vigilant monitoring and community mobilization to address these challenges.
On Saturday, the President’s Fireside Chat brought together NAACP President Derrick Johnson and CA/HI State Conference President Rick Callender, who discussed the urgency of voter engagement and community advocacy.
Guest speakers included Congresswoman Maxine Waters (D-CA-43), who spoke at the Women in NAACP (WIN) Labor Luncheon about the intersection of labor rights and civil rights. California State Superintendent Tony Thurmond delivered remarks at the Leadership Dinner on education equity, focusing on policies to ensure all students have access to high-quality education.
Honors were given to longtime social justice advocate and former Assemblymember Mike Davis for his work in community activism. At the same time, actor and activist Danny Glover and the Rev. Dr. Amos C. Brown received the 2024 Legacy Hall of Fame Awards, recognizing their lifelong commitments to advancing civil rights.
The convention also offered practical workshops, including “What’s On Your Ballot?,” where coalition leaders provided analyses of California propositions, explaining their potential impacts on community rights and resources. The Voter Turnout Workshop provided background and encouraged participants to promote voter turnout through community-centered outreach strategies.
Sunday’s events closed with a Prayer and Memorial Breakfast honoring the contributions of past and current civil rights leaders.
Activism
Atty Gen Bonta: U.S. Law Mandating Emergency Care to All Patients Faces Threats
The attorney general highlighted that EMTALA is vital for ensuring that no individual is turned away from emergency services based on financial status or insurance coverage. Bonta stated that the law has been a cornerstone of emergency healthcare for decades, providing peace of mind to millions of Americans who might otherwise hesitate to seek urgent medical attention due to cost concerns.
By Bo Tefu, California Black Media
California Attorney General Rob Bonta emphasized the critical need to protect the Emergency Medical Treatment and Labor Act (EMTALA), mandating that hospitals provide emergency care to all patients regardless of their ability to pay.
In a recent statement, Bonta highlighted the potential threats to this essential legislation amid ongoing discussions about healthcare accessibility in the U.S.
“EMTALA ensures that no one is denied access to emergency medical care, including abortion care, and this federal law is more imperative than ever following the overturn of Roe v. Wade,” said Bonta.
The attorney general highlighted that EMTALA is vital for ensuring that no individual is turned away from emergency services based on financial status or insurance coverage. Bonta stated that the law has been a cornerstone of emergency healthcare for decades, providing peace of mind to millions of Americans who might otherwise hesitate to seek urgent medical attention due to cost concerns.
This decision to support the federal government’s case comes at a time when many healthcare providers are facing pressure from rising costs and legislative changes that could undermine existing protections. Bonta called on lawmakers to reinforce EMTALA’s provisions and to combat any efforts aimed at weakening the act, asserting that equitable access to emergency care is a fundamental right.
He urged state and federal governments to ensure that all Americans, particularly marginalized communities, have the necessary access to emergency services without fear of financial repercussions. The brief indicates the coalition’s commitment to healthcare equity, emphasizing that maintaining strong protections under EMTALA is crucial for safeguarding public health.
As discussions around healthcare policy continue, Bonta remains steadfast in promoting initiatives that protect emergency care access, asserting that everyone deserves timely and appropriate medical treatment in emergencies. His efforts align with ongoing legal and advocacy battles to preserve the rights established by EMTALA in the face of evolving healthcare challenges.
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LIVE! — TOWN HALL ON RACISM AND ITS IMPACT — THURS. 11.14.24 5PM PST
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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
LIVE! — TOWN HALL ON RACISM AND ITS IMPACT — THURS. 11.14.24 5PM PST
Join us for a LIVE Virtual Town Hall on the Impact of Racism hosted by Post News Group Journalist Carla Thomas and featuring Oakland, CA NAACP President Cynthia Adams & other Special Guests.
Thursday, November 14, 2024, 5 p.m. – 6:30 p.m. PST
Join us for a LIVE Virtual Town Hall on the Impact of Racism hosted by Post News Group Journalist Carla Thomas and featuring Oakland, CA NAACP President Cynthia Adams & other Special Guests.
Thursday, November 14, 2024
5 p.m. – 6:30 p.m. PST
Discussion Topics:
• Since the pandemic, what battles have the NAACP fought nationally, and how have they impacted us locally?
• What trends are you seeing concerning Racism? Is it more covert or overt?
• What are the top 5 issues resulting from racism in our communities?
• How do racial and other types of discrimination impact local communities?
• What are the most effective ways our community can combat racism and hate?
Your questions and comments will be shared LIVE with the moderators and viewers during the broadcast.
STREAMED LIVE!
FACEBOOK: facebook.com/PostNewsGroup
YOUTUBE: youtube.com/blackpressusatv
X: twitter.com/blackpressusa
Activism
NAACP California-Hawaii State Convention Highlights Black Voter Engagement, and More
A Friday panel featuring NAACP Chairman Leon W. Russell and Regina Wilson, Executive Director of California Black Media, examined Project 2025, an initiative perceived as a potential threat to civil rights, healthcare access, and environmental protection. This session emphasized Project 2025’s projected impact on Black communities, noting that policies within the initiative could diminish gains in civil and environmental rights over decades. Russell and Wilson highlighted the need for vigilant monitoring and community mobilization to address these challenges.
By Bo Tefu, California Black Media
The 37th NAACP California-Hawaii State Convention concluded on Sunday, Oct 27, following four days of discussions and workshops at the Los Angeles Airport Marriott. Bringing together civil rights leaders, policymakers, and advocates from California and Hawaii, the convention operated under the theme “All In.” The participants discussed critical issues impacting Black communities, including criminal justice reform, health equity, economic empowerment, education, environmental justice, and voting rights.
A Friday panel featuring NAACP Chairman Leon W. Russell and Regina Wilson, Executive Director of California Black Media, examined Project 2025, an initiative perceived as a potential threat to civil rights, healthcare access, and environmental protection. This session emphasized Project 2025’s projected impact on Black communities, noting that policies within the initiative could diminish gains in civil and environmental rights over decades. Russell and Wilson highlighted the need for vigilant monitoring and community mobilization to address these challenges.
On Saturday, the President’s Fireside Chat brought together NAACP President Derrick Johnson and CA/HI State Conference President Rick Callender, who discussed the urgency of voter engagement and community advocacy.
Guest speakers included Congresswoman Maxine Waters (D-CA-43), who spoke at the Women in NAACP (WIN) Labor Luncheon about the intersection of labor rights and civil rights. California State Superintendent Tony Thurmond delivered remarks at the Leadership Dinner on education equity, focusing on policies to ensure all students have access to high-quality education.
Honors were given to longtime social justice advocate and former Assemblymember Mike Davis for his work in community activism. At the same time, actor and activist Danny Glover and the Rev. Dr. Amos C. Brown received the 2024 Legacy Hall of Fame Awards, recognizing their lifelong commitments to advancing civil rights.
The convention also offered practical workshops, including “What’s On Your Ballot?,” where coalition leaders provided analyses of California propositions, explaining their potential impacts on community rights and resources. The Voter Turnout Workshop provided background and encouraged participants to promote voter turnout through community-centered outreach strategies.
Sunday’s events closed with a Prayer and Memorial Breakfast honoring the contributions of past and current civil rights leaders.
Activism
Atty Gen Bonta: U.S. Law Mandating Emergency Care to All Patients Faces Threats
The attorney general highlighted that EMTALA is vital for ensuring that no individual is turned away from emergency services based on financial status or insurance coverage. Bonta stated that the law has been a cornerstone of emergency healthcare for decades, providing peace of mind to millions of Americans who might otherwise hesitate to seek urgent medical attention due to cost concerns.
By Bo Tefu, California Black Media
California Attorney General Rob Bonta emphasized the critical need to protect the Emergency Medical Treatment and Labor Act (EMTALA), mandating that hospitals provide emergency care to all patients regardless of their ability to pay.
In a recent statement, Bonta highlighted the potential threats to this essential legislation amid ongoing discussions about healthcare accessibility in the U.S.
“EMTALA ensures that no one is denied access to emergency medical care, including abortion care, and this federal law is more imperative than ever following the overturn of Roe v. Wade,” said Bonta.
The attorney general highlighted that EMTALA is vital for ensuring that no individual is turned away from emergency services based on financial status or insurance coverage. Bonta stated that the law has been a cornerstone of emergency healthcare for decades, providing peace of mind to millions of Americans who might otherwise hesitate to seek urgent medical attention due to cost concerns.
This decision to support the federal government’s case comes at a time when many healthcare providers are facing pressure from rising costs and legislative changes that could undermine existing protections. Bonta called on lawmakers to reinforce EMTALA’s provisions and to combat any efforts aimed at weakening the act, asserting that equitable access to emergency care is a fundamental right.
He urged state and federal governments to ensure that all Americans, particularly marginalized communities, have the necessary access to emergency services without fear of financial repercussions. The brief indicates the coalition’s commitment to healthcare equity, emphasizing that maintaining strong protections under EMTALA is crucial for safeguarding public health.
As discussions around healthcare policy continue, Bonta remains steadfast in promoting initiatives that protect emergency care access, asserting that everyone deserves timely and appropriate medical treatment in emergencies. His efforts align with ongoing legal and advocacy battles to preserve the rights established by EMTALA in the face of evolving healthcare challenges.
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