JUSTICE DEPARTMENT FINDS UNCONSTITUTIONAL CONDITIONS AT THE
A. HOLLY PATTERSON GERIATRIC CENTER IN UNIONDALE, NEW YORK

WASHINGTON D.C. - The Justice Department today announced the results of its investigation into the conditions at the A. Holly Patterson Geriatric Center in Uniondale, New York. A. Holly Patterson, an 889-bed nursing home, is operated by the Nassau County Health Care Corporation, a public benefit corporation.

The Department’s Civil Rights Division and the United States Attorney’s Office for the Eastern District of New York began an investigation of conditions at A. Holly Patterson in January 2003. The investigation uncovered significant civil rights and statutory violations. Investigators found credible evidence that the facility’s use of restraints is constitutionally deficient and that residents suffer harm as a result of constitutionally inadequate clinical care, mental health care, and nutritional services. The Department’s findings and recommendations are set forth in a letter from Assistant Attorney General Acosta and U.S. Attorney Roslynn R. Mauskopf to New York Governor George Pataki.

“The conditions at A. Holly Patterson are very troubling and reveal the continuing need to protect the civil rights of the elderly,” said R. Alexander Acosta, Assistant Attorney General for the Civil Rights Division. “When the State takes responsibility for the elderly and persons with disabilities, it must be held to account. However, we are confident that the State of New York and the administrators of A. Holly Patterson will continue to work cooperatively with us to remedy these deficiencies.”

“Many of Nassau County’s most vulnerable residents live at A. Holly Patterson,” said U.S. Attorney Roslynn R. Mauskopf. “The facility’s population includes formerly homeless individuals, individuals with mental and physical disabilities, and the elderly. We look forward to working with the state, county, and administrators and staff at A. Holly Patterson to improve the lives of A. Holly Patterson’s residents by insuring appropriate compliance with constitutional and legal standards.”

The Department also alleges that A. Holly Patterson violates federal statute by failing to assess residents adequately to determine whether their continued stay at the facility is appropriate. This aspect of the investigation is part of the Department's efforts to enforce the Supreme Court's 1999 decision, Olmstead v. L.C, in which the Court held that, pursuant to the Americans with Disabilities Act, states must provide services to residents with disabilities in the most integrated setting appropriate to individual residents' needs. The Department's focus in this area targets unnecessary institutionalization of individuals with disabilities.

The Civil Rights Division has successfully resolved similar investigations of other nursing homes in Georgia, Kentucky, and Pennsylvania. Investigations concerning nursing homes are pending in Arkansas, California, Maryland, Mississippi, New Jersey, and Tennessee.

Protecting the rights of institutionalized persons is a priority of the Department of Justice. Since 2001, the Civil Rights Division has opened 44 investigations impacting 51 facilities into the terms and conditions of confinement at nursing homes, mental health facilities, residences for persons with developmental disabilities, juvenile justice facilities, and jails. These figures represent a 100% increase over the 20 such investigations initiated over the preceding three years.

The text of the findings letter and additional information about the Special Litigation Section of the Justice Department’s Civil Rights Division can be found at www.usdoj.gov/crt/split/index.html

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