In the second case, the owner of the unlicensed assisted living facility, Gwendolyn Ann McClain, was arrested on charges that she allegedly neglected the welfare and health of five disabled adults, operated the facility without a license and engaged in nursing without a license. The AG's office says the investigation discovered the residents living in a condemned and uninhabitable mobile home with exposed wires, no running water, inadequate heat and air conditioning, no operational bathroom, kitchen or telephone. McClain also allegedly administered medications to the residents and made medical decisions for them, while taking the residents' Supplemental Security Income and Disability checks as payment for services.

Federal: DOJ Settles with Texas Disability Facilities


The Department of Justice (DOJ) has announced a simultaneous lawsuit and settlement with the state of Texas, regarding care of residents in the state's facilities for persons with developmental disabilities. An independent monitor will be appointed to oversee the state's compliance with the settlement agreement while the U.S. District Court in Austin, TX will retain ultimate jurisdiction.

The agreement, subject to the approval of the court, addresses concerns about the facilities. The DOJ had been investigating potential violations of the Civil Rights of Institutionalized Persons Act. "The Justice Department is committed to protecting the fundamental rights of all our citizens. This agreement reflects that principle by protecting the civil rights of some of Texas's most vulnerable residents," said Attorney General Eric Holder in the DOJ's press release.

The state of Texas fully cooperated with the DOJ investigation. Under the terms of the settlement, the state has agreed on measures including: providing a safe and humane environment, providing adequate medical and nursing care, nutritional and physical support; adequate psychological, psychiatric and behavioral services, adequate habilitation, and ensuring that residents are free from undue bodily restraint. The remedial agreement had the cooperation and commitment of the Governor Rick Perry, and various Texas state agencies.

State: Vermont Enacts Strong Law on Physician Influence

Governor Jim Douglas has signed strong measures into law to limit the pharmaceutical industry's influence over physicians. The law bans gifts from manufacturers of prescribed products or wholesale distributors of medical devices. This includes payment, food, entertainment, travel, subscriptions, advances or services. The law also requires annual disclosure from all manufacturers of the recipient of any allowable expenditures and gifts, as well as who is responsible for compliance with the law.

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