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Federal regulators put Oregon State Hospital on notice after patient death

The Oregon Health Authority oversees the Oregon State Hospital in Salem.
Oregon Health Authority
The Oregon Health Authority oversees the Oregon State Hospital in Salem.

Oregon State Hospital is in immediate jeopardy of losing its eligibility for Medicare and Medicaid funding in the wake of a patient's death. 

Staff at Oregon State Hospital failed to make hourly checks of a patient who died of a suspected fentanyl overdose in May, public records and hospital staff said.

On May 24, the patient was last observed alive four and a half hours before staff found the person in their room unresponsive, federal regulators said in a Thursday notice to Oregon State Hospital, the state-run secure psychiatric hospital in Salem. As a result, the federal Centers for Medicare and Medicaid Services put the Salem hospital in 鈥渋mmediate jeopardy鈥 status, which means it could lose its certification and eligibility for federal funding if it doesn鈥檛 make swift changes to fix the problem.

Staff 鈥渨ho conducted continuous rounds during that night shift failed to determine whether or not the patient was alive,鈥 federal regulators wrote in the notice, obtained by the Capital Chronicle through a public records request.

The death was at least the hospital鈥檚 second fatality since April that federal officials have connected to inadequate medical attention for patients, public records show. Each time, the hospital has faced the threat of losing its federal certification, which also demonstrates whether it is capable of meeting essential standards for hospitals.

In the latest instance, federal officials determined the hospital failed to ensure the patient鈥檚 safety based upon a review of security video footage, which showed staff didn鈥檛 determine whether each patient was 鈥渁live and breathing,鈥 the notice said.

The document doesn鈥檛 disclose the cause of the patient鈥檚 death, but Oregon State Police and hospital staff have told the Capital Chronicle the patient died of a suspected fentanyl overdose. The state police agency is investigating the death, which is standard procedure for all unattended deaths at the state hospital.

After the death, the hospital suspended all outside in-person visits with patients, citing an unspecified incident with contraband that a visitor brought in to a patient.

The hospital sent an email on May 29 to remind staff to check patients on their rounds. But a video review afterwards of two night shifts showed 鈥渕inimal to no change鈥 in how staff did their work.

鈥淭he time and proximity of staff looking through the windows of closed (patient) room doors into darkened rooms were not sufficient to assess whether patients were alive,鈥 the document said. The report also said in one instance, a patient entered and stayed in the room of two other patients of the opposite gender without detection.

The hospital cares for more than 600 patients at any one time, mostly suspects who need treatment to face charges.

In response to the report, the state hospital is directing staff to make regular, thorough checks that ensure the patients are alive, hospital officials said in a release. The hospital plans to submit a detailed plan early next week to CMS. If approved, the federal agency will visit the hospital again to ensure compliance.

鈥淲e know that patients find viability checks disruptive of their sleep,鈥 Interim Superintendent and Chief Medical Officer Dr. Sara Walker said in a statement. 鈥淲e hope to find a technology solution that will be less intrusive. It is our responsibility to ensure the safety of our patients day and night.鈥

In a memo to staff, Walker said the checks mean they may see more patient activity at night and encouraged staff to work with patients who have difficulty with the adjustment.

鈥淎s challenging as responding to CMS investigations can be, it does help us identify and close gaps in our procedures and keep patients safe,鈥 Walker wrote in the email, obtained by the Capital Chronicle. 鈥淚t鈥檚 hard when the ground feels like it is constantly shifting underneath us. It鈥檚 hard to keep up with all of it. But I am confident we can do it.鈥

The case is the latest in a string of incidents at the state hospital. In April, another patient, Skye Baskin, 27, was declared dead 69 minutes after his arrival and federal inspectors determined staff failed to check his vital signs immediately upon arrival. Federal officials have also found blind spots in the security camera system and inattentive staff that failed to stop a patient-on-patient assault. Last year, a patient escaped in a transport van and led police on a high-speed chase down a highway.

The  is a professional, nonprofit news organization. We are an affiliate of , a national 501(c)(3) nonprofit supported by grants and a coalition of donors and readers. The Capital Chronicle retains full editorial independence, meaning decisions about news and coverage are made by Oregonians for Oregonians.

Ben Botkin covers justice, health and social services issues for the Oregon Capital Chronicle. Ben Botkin has been a reporter since 2003, when he drove from his Midwest locale to Idaho for his first journalism job. He has written extensively about politics and state agencies in Idaho, Nevada and Oregon.