Pervasive issues of Abuse and Neglect at Lakeview Neurorehabilitation Center

DRC conducted a full investigation into the 2012 death of a resident, J.D., a 22 year old man, at Lakeview Neurorehabilitation Center in Effingham, New Hampshire, and concluded that Lakeview’s actions and inactions constituted neglect and led to his death. The deficiencies noted in DRC’s investigation are not isolated occurrences. Prior to and during DRC’s investigation into J.D.’s death, DRC received reports of incidents of abuse, neglect and injury of additional Lakeview residents as well as other reported concerns regarding Lakeview’s operations and treatment of its residents. Because of the seriousness of the findings, DRC conducted a review of additional reports of abuse and neglect which were brought to its attention; police logs; and public and news reports and information concerning deficiencies in Lakeview’s operations. DRC found that pervasive deficiencies at Lakeview include a lack of professional oversight, training, coordination of care, inadequate staffing levels and lack of communication between and among Lakeview’s staff, residents’ families and guardians.

5-21-2015 News: The NH State Board of Education denied Lakeview's appeal of Commissioner Barry's order that the program stop operating the special education program. Lakeview announced that it would close the center.

4-10-2015 letter from Commissioner Virginia Barry ordering Lakeview to stop the special education program

April 2, 2015: Review of the Quality of Services at Lakeview Neurorehabilitation Center and the Center's Capacity for Quality Improvement, prepared for Governor Hassan by Kathryn du Pree, Crosswinds Consulting

April 2, 2015: Review of the State of New Hampshire's Oversight and Monitoring of the Services provided by Lakeview Neurorehabilitation Center, prepared for Governor Hassan by Kathryn du Pree, Crosswinds Consulting

April 1, 2015: Disability Rights Center Presents...A discussion of abuse and Neglect at Lakeview Neurorehabilitation Center. DRC Executive Director Richard Cohen and Senior Staff Attorney Karen Rosenberg discuss Lakeview with host and Senior Staff Attorney Cindy Robertson.

Disability Rights Center Reports

9-30-14 Press Release: Disability Rights Center - NH Issues Two Reports, Calls for Action on Abuse and Neglect at Lakeview Neurorehabilitation Center

Isolated, Segregated and Vulnerable – A Report and Call to Action Concerning Lakeview Neurorehabilitation Center

September 2014: Investigation into the circumstances leading to the Death of J.D., a Resident of Lakeview Neurorehabilitation Center

Executive Summary of J.D. Investigation

Final report of J.D. investigation

Appendices (note: Appendices A through C have been omitted per instructions from the NH Chief Medical Examiner)

November 2011: Investigation report, findings, and recommendations regarding alleged excessive use-of-force during the course of a restraint against L.B., a resident of Lakeview Neurorehabilitation Center, on March 4, 2010

NH Department of Health and Human Services Monitoring:

12-16-2014: The DHHS review of Lakeview confirms DRC's findings of chronic and pervasive programmatic deficiencies which compromise the health, safety and well-being of its residents. DHHS' review team recommendations include continuation of the moratorium on new admissions. Lakeview is required to submit a Plan of Correction addressing numerous recommendations from the review by December 31, 2014.

DHHS’ Press Release, Licensing Report, and other documents concerning the report

DHHS' Review of Lakeview December 2014

Lakeview Plan of Corrective Action to the New Hampshire DHHS Licensing Report February 2015

Disability Rights Center response to DHHS approval of Lakeview Corrective Action Plan March 2015

December 15, 2014 Press Release from Governor Hassan: DHHS has retained an outside expert to to "review Lakeview’s infrastructure and policies to determine whether it is capable of providing the necessary supports and services to residents, as well as an outside review of the Department’s handling of Lakeview complaints."

NH Department of Education Monitoring:

4-10-2015 letter from Commissioner Virginia Barry ordering Lakeview to stop the special education program

11-14-2014: NH DOE letter: Special Monitoring (RSA 186-C: 5) Findings of Noncompliance. DOE found multiple violations of education policies, including the lack of policies for restraint and seclusion, behavior management, and protocols for reporting abuse and neglect. During the on-site visit, DOE found unsupervised students wandering around the grounds. "The NHDOE, in accordance with Ed 1126.03(e), will be placing the Lakeview School on provisional approval as of the date of this letter. Lakeview School shall not accept any additional students, either students with disabilities from New Hampshire or any other state until the NHDOE removes the provisional approval."

1-7-2015: NH DOE letter regarding continuing noncompliance.

1-26-2015 Second NH DOE Letter regarding continuing noncompliance

3-11-2015 Third NH DOE Letter regarding continuing noncompliance

Reports from NHPR:

Governor Hassan's Press Release, 4-13-2015, Directing Department of Health and Human Services to Take Additional Action in Response to Lakeview Reports Department of Education, Ordering Cessation of Lakeview’s Special Education Program

Governor Hassan's Press release, 9-30-2014 concerning Lakeview, taking a number of actions in response to the report.

Press coverage can be found on the News page (click on the "In the News" tab).

DRC’s investigative and advocacy work on Lakeview Neuro- Rehabilitation Center has been made possible in part due a grant from the New Hampshire Bar Foundation IOLTA Grants Program.

updated July 21, 2017