Stanford Medicine officials relied on a faulty algorithm to determine who should get vaccinated first, and it prioritized some high-ranking doctors over patient-facing medical residents.
This article was published on Friday, December 18, 2020 in ProPublica.
Stanford Medicine residents who work in close contact with COVID-19 patients were left out of the first wave of staff members for the new Pfizer vaccine. In their place were higher-ranking doctors who carry a lower risk of patient transmission, according to interviews with six residents and two other staff members and e-mail communications obtained by ProPublica.
“Residents are patient-facing, we’re the ones who have been asked to intubate, yet some attendings who have been face-timing us from home are being vaccinated before us,” said Sarah Johnson, a third-year OB-GYN resident who has delivered babies from COVID-positive patients during the pandemic. “This is the final straw to say, ‘We don’t actually care about you.’”
Another resident, who asked not to be named, said a nurse who works in an operating room for elective surgeries has been notified she’ll get the vaccine in the first wave. “We test people for COVID before elective surgeries, so by definition, we will know if those patients have COVID,” he said, so to him, it didn’t make sense that that nurse would be prioritized.
An algorithm chose who would be the first 5,000 in line. The residents said they were told they were at a disadvantage because they did not have an assigned “location” to plug into the calculation and because they are young, according to an email sent by a chief resident to his peers. Residents are the lowest-ranking doctors in a hospital. Stanford Medicine has about 1,300 across all disciplines.
Only seven made the priority vaccination list, despite the fact that this week, residents were asked to volunteer for ICU coverage in anticipation of a surge in COVID-19 cases.
Stanford Medicine didn’t respond to a request for comment on how the vaccines were allocated and whether there was a flaw in the algorithm. The tumult reflects the difficulties of ethically parceling out a limited supply of vaccine and weighing competing factors, such as age, risk of contracting the disease and comorbidities. Adding to the challenge is the angst that comes when such decisions are made without all stakeholders involved.
In a letter to Stanford leadership sent on Thursday, the chief resident council wrote, “While leadership is pointing to an error in an algorithm meant to ensure equity and justice, our understanding is this error was identified on Tuesday and a decision was made not to revise the vaccine allocation scheme before its release today.” The council asked for a timeline for vaccination of the residents and transparency regarding the algorithm.
Stanford’s administrators have begun to apologize. Dr. Niraj Sehgal, chief medical officer, sent an email to residents saying, “Please know that the perceived lack of priority for residents and fellows was not the intent at all.” He added that with the anticipated authorization of Moderna’s vaccine, “we’re increasingly confident in getting everyone vaccinated, including all of you.” He signed off with “heartfelt apologies.” Some departments appear to be trying to fix the problem on their own. Dr. Mary Hawn, chair of the department of surgery, confessed to being “disturbed and puzzled” by
the vaccination roster that “included many of the medical staff list that aren’t our physicians on the front line.” She emailed her department asking people slotted for the first wave to “bring a resident that is patient facing to get the vaccine in your place” and to ask the program director for their “buddy” assignment.
States and the federal government also don't reliably collect data so we won't have a good idea of whether the vaccine is reaching these critical populations.
This article was published on Friday, December 18, 2020 in ProPublica.
Though African Americans are being hospitalized for COVID-19 at more than triple the rate of white Americans, wariness of the new vaccine is higher in the Black population than in most communities. The U.S. Centers for Disease Control and Prevention highlighted communities of color as a "critical population" to vaccinate. But ProPublica found little in the way of concrete action to make sure that happens.
It will be up to states to make sure residents get the vaccine, but ProPublica reviewed the distribution plans of the nine states with the most Black residents and found that many have barely invested in overcoming historic mistrust of the medical establishment and high levels of vaccine hesitancy in the Black community. Few states could articulate specific measures they are taking to address the vaccine skepticism.
And it could be hard to track which populations are getting the vaccine. While the CDC has asked states to report the race and ethnicity of every recipient, along with other demographic information like age and sex, the agency doesn't appear ready to apply any downward pressure to ensure that such information will be collected.
In state vaccination registries, race and ethnicity fields are simply considered "nice to have," explained Mitchel Rothholz, chief of governance and state affiliates for the American Pharmacists Association. While other fields are mandatory, such as the patient's contact information and date of birth, leaving race and ethnicity blank "won't keep a provider from submitting the data if they don't have it."
In the initial stages, vaccines will go to people who are easy to find, like healthcare workers and nursing home residents. But barriers will increase when distribution moves to the next tier — which includes essential workers, a far larger and more amorphous group. Instead of bringing the vaccine to them, it's more likely that workers will have to seek out the vaccine, so hesitancy and lack of access will become important factors in who gets the shots and who misses out.
"There are individuals who are required to be on the front line to serve in their jobs but perhaps don't have equitable access to healthcare services or have insurance but it's a challenge to access care," said Dr. Grace Lee, a professor of pediatrics at Stanford University School of Medicine and member of the CDC's Advisory Committee on Immunization Practices, which is tasked with issuing guidance on the prioritization of COVID-19 vaccine distribution. "We can build equity into our recommendations, but implementation is where the rubber meets the road."
Hesitancy is rooted in medical exploitation and mistreatment.
About a quarter of the public feels hesitant about a COVID-19 vaccine, meaning they probably or definitely would not get it, according to a December poll by the Kaiser Family Foundation. Hesitancy was higher than average among Black adults in the survey, with 35% saying that they definitely or probably would not get vaccinated.
Mistrust of the medical community among people of color is well-founded, stemming from a history of unscrupulous medical experimentation. The infamous Tuskegee study, conducted from 1932 to 1972 by the U.S. Public Health Service, still looms large in the memories of many Black Americans, who remember how researchers knowingly withheld treatment from African American sharecroppers with syphilis in order to study the disease's progression.
But the injustices aren't confined to the past. The National Academies' Institute of Medicine has found that minorities tend to receive lower-quality healthcare than white counterparts, even when adjusting for age, income, insurance and severity of condition. Black Americans are also more likely to be uninsured and utilize primary care services less often than white Americans.
"It's not just about history. It's about the here and now," said Dr. Bisola Ojikutu, an infectious disease physician at Massachusetts General Hospital. "People point to racial injustice across the system. It's not just hospitals; people don't trust the government, or they ask about the pharmaceutical industry's profit motive. From the very beginning, Black and brown people are marginalized from the enterprise of research. They think: 'So few people look like us in research, industry and academia, why should we trust that someone at that table is thinking of our interest?'"
When it comes to vaccinations, the consequences can be grave. Black and Hispanic people are less likely to get the flu shot than white people, according to the CDC. At the same time, Black Americans have the highest rate of flu-associated hospitalizations, at 68 people per 100,000 population, compared to 38 people per 100,000 in the non-Hispanic white population.
Health officials have tried to assuage vaccine concerns in the traditional way, by publicizing specific individuals receiving the shot. The U.S. began its mass immunization effort by injecting a dose of the Pfizer-BioNTech vaccine into the left upper-arm of Sandra Lindsay, a Black woman and critical care nurse in New York.
Meanwhile, an onslaught of memes and conspiracy theories characterizing the vaccine as harmful are making the rounds on social media. One reads, "Just had the covid-19 vaccine. Feeling great," along with the picture of the character from the 1980 movie "The Elephant Man." Another image circulating on Twitter features the photos of three Black people and claims they are suffering from Bell's palsy due to the vaccine. The Twitter user who shared the image asked followers, "still want those Tuskegee 2.0 genocide vaccines?"
It may only take one or two negative headlines to further sow fear, said Komal Patel, who has 16 years of experience as a pharmacist in California. After two healthcare workers in the United Kingdom experienced allergic reactions to Pfizer's vaccine, Patel said she saw anxiety spike on social media, even though regulators have said that only people with a history of anaphylaxis — a severe or life threatening immune reaction — to ingredients in the vaccine need to avoid taking the shot. "Just two patients, and here we go, there's all this chatter."
Key states lack concrete plans to promote vaccines in Black communities.
It falls to states to make sure their residents of color are vaccinated. But the speed at which the vaccine needs to be disseminated means that states haven't had much time to plan communications efforts, said Lee, from CDC's advisory group. "How do we make sure messaging is appropriate? You may want to emphasize different messages for different communities. We don't have the time for that."
ProPublica found that few states can articulate specifically what they are doing to address vaccine skepticism in the Black community.
Texas, Georgia and Illinois' state plans make no mention of how they plan to reach and reassure their Black residents. Black communities make up between 13% and 33% of the population in the three states, according to data from the U.S. Census Bureau. None of the three states' health departments responded to requests for comment.
California's state plan includes "a public information campaign … to support vaccine confidence," but does not provide details apart from the state's intention to use social media, broadcast outlets and word of mouth. In an email, the California Department of Public Health did not provide additional information about outreach to Black residents, only saying, "this is an important issue we continue to work on."
New York also broadly suggests it would use public education events and media campaigns to reach vulnerable, underserved and vaccine-hesitant groups, but gives no details. A spokesperson said he would supply more information, but hadn't responded by Thursday.
"Media outreach is not enough," said Dr. Georges Benjamin, executive director of the American Public Health Association. "TV ads are one thing, but usually public service announcements are at midnight when nobody is listening, because that's when they're free." Normally, public health officials go to barber shops, beauty salons, bowling alleys and other popular locales to hand out flyers and answer questions, but due to the pandemic and limits on congregating, that's not an option, Benjamin said, so officials need to plan a serious social media strategy. That could involve partnering with "influencers" like sports figures and music stars by having them interview public health figures, Benjamin suggested.
Dr. Mark Kittleson, chair of the Department of Public Health at New York Medical College, said he's not surprised to hear how vague some of the state health plans are, because states often focus on providing high-level guidance while county or regional level health departments are left to execute the plan. But he said specific efforts need to be undertaken to reach residents of color. "Spokespeople for the vaccination need to be a diverse group," Kittleson said. "Dr. Tony Fauci is fantastic, but every state needs to find the leading healthcare experts that represent the diversity in their own state, whether it's Native American, African American or Latino." Kittleson also suggested partnering with churches."Especially in the African American community, when the minister stands up and says, 'Folks, you need to take your blood pressure medication and take care of yourself,' people listen to that," he said. "The church needs to be brought into the fold."
Maryland's state plan acknowledges the distrust among Black and Latino communities as well as rural residents, and says it will aim to tailor communication to each group by working with trusted community partners and representatives of vulnerable groups. A Department of Health spokesperson said in an email that "as vaccination distribution continues to ramp up, we urge all individuals to get the vaccine."
Florida's written plan includes a messaging strategy for everyone in the state, but does not specifically address the Black community. A "thorough vaccination communication plan continues to be developed in order to combat vaccine hesitancy," a spokesperson for the Florida Department of Health said in response to ProPublica's queries.
In North Carolina and Virginia, however, health officials started preparing months ago to reassure residents about potential vaccines. North Carolina formed a committee in May with leaders from marginalized communities to guide the state's overall response to the pandemic. Vaccine concerns were a priority, said Benjamin Money, deputy secretary of health services for North Carolina's Department of Health and Human Services.
The politicization of the pandemic has mobilized the Black and brown medical scientific community to dig into the research and how the vaccines work, Money said, "so that they can feel assured that the vaccine's safe and it's effective and they can convey the message to their patients and to their community constituents."
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The committee is advising North Carolina officials on their vaccine messaging and hosting a webinar for Black religious leaders. Similarly, the Virginia Department of Health has staff devoted to health equity across racial and ethnic groups and is putting on a series of town hall-style meetings speaking to specific communities of color.
Black residents in Virginia have expressed concerns about how rapidly the early vaccines were developed, said Dr. Norman Oliver, Virginia's state health commissioner.
"It all boils down to telling people the truth," Oliver said. "The first thing to let folks know is that one of the reasons why these vaccines were developed so quickly is because of the advances in technology since the last time we did vaccines; we're not trying to grow live virus and keep it under control or do attenuated virus and develop a vaccine this way."
In addition to promoting reliable information, Virginia health officials hired a company to monitor the spread of vaccine misinformation in the state and to locate where falsehoods appear to be taking hold, Oliver said. The state hopes to target its communications in places where distrust is most intense.
The CDC has set aside $6.5 million to support 10 national organizations, according to spokesperson Kristen Nordlund. The funds are "to be disbursed by each organization to their affiliates and chapters across the country so they may do immunization-focused community engagement in the local communities they serve," Nordlund said in an email. She didn't respond to questions on whether the funds had already been disbursed and to which organizations.
Data collection on the race of vaccine recipients is likely to be incomplete.
Every state has a vaccination registry, where data on administered shots is routinely reported, from childhood vaccinations to the flu shot. What's new in this pandemic is that the CDC has requested all the data be funneled up to the federal level, so it can track vaccination progress across the nation.
"Race and ethnicity data should be recorded in states' immunization data, but we do not know how reliably it is collected," said Mary Beth Kurilo, senior director of health informatics at the American Immunization Registry Association. "We really don't have good data on how well it's captured out there across the country."
Many immunization records are fed into the state's registry directly from a doctor's electronic health record system, Kurilo said, which can present technological stumbling blocks: "Is [the data] routinely captured as part of the registration process? Can they capture multiple races, which I think is something that's become increasingly important going forward?"
When asked about historic rates of compliance and how they planned to gather information on race and ethnicity of vaccine recipients this time, health departments from Georgia, Texas, Illinois, New York, Florida and California didn't respond.
Maryland's state plans indicate it intends to use information gathered through its vaccine appointment scheduling system, including demographic data gathered from recipients, to direct its communication outreach efforts. The Maryland Department of Health, which didn't provide more detailed information, said it is "currently exploring all options as far as vaccine data reporting."
North Carolina's immunization records system routinely collects race and ethnicity information, and a spokesperson told ProPublica it has that type of demographic data for 71% of people in the system. Stephanie Wheawill, director of pharmacy services at the Virginia Department of Health, said that providers will be "asked to record that information" but didn't elaborate on how the department planned to encourage or enforce compliance.
"You've got to have the data to compare," said Martha Dawson, president of the National Black Nurses Association and an associate professor at the University of Alabama at Birmingham's nursing school. "Because if you don't have the data, then we're just guessing. There's no way to know who received it if you don't take the data."
There is tension between gathering enough data to understand the extent of the rollout and the possibility that asking for too much information will scare away people who are already leery of the vaccine.
"The biggest concern people have is how will this information be used?" said Lee, from the CDC's advisory group. "People need to trust that the data will be used with a good intent. "
Rothholz, with the American Pharmacists Association, said there could be ways apart from state registries to estimate vaccine uptake among minorities. "If I'm a community pharmacy in a predominantly African American community, if I'm giving away 900 or 1000 vaccines, you can track penetration that way," he said. Geographic-based analysis, however, would depend on the shots being distributed via community pharmacies rather than by mass vaccination sites — a less likely scenario for the Pfizer vaccine, the first to be administered, which requires ultracold storage that will be difficult for many small pharmacies to manage.
It will be up to doctors and community leaders to encourage trust.
The best way to help a worried individual, whether scared about data collection or the vaccine itself, is a conversation with a trusted caregiver, according to Dr. Susan Bailey, president of the American Medical Association.
"Time and again it's been shown that one of the most valuable things to encourage a patient to undertake a change, whether it's stopping smoking or losing weight, is a one-on-one conversation with a trusted caregiver — having your physician saying, 'I took it and I really want you to take it too," she said. "But patients have to have the opportunity to ask questions, and not to be blown off or belittled or feel troublesome for asking all their questions."
"If someone says that they're afraid of being a guinea pig, maybe drill a bit deeper," Bailey suggested. "Ask, 'What are you concerned about? Are you concerned about side effects? Are you concerned that not enough people have taken it?'"
The American Academy of Family Physicians uses the mnemonic "ACT" to guide their members in conversations with patients of color, president Dr. Ada Stewart said in an email: "Be Accountable and Acknowledge both historical and contemporary transgressions against Black, brown and Indigenous communities. … Communicate safety, efficacy and harms such that individuals can weigh their own personal risk to potential benefits, and exercise Transparency with regard to the development of vaccines and the distribution process."
David Hodge, associate director of education at Tuskegee University's National Center for Bioethics in Research and Healthcare, urges Black and brown leaders such as pastors and community organizers to take control of the messaging right now and not wait for their local governments to tackle the issue.
"We're not in a position right now to be patient. We're not in a position to sit on the sidelines, we have to make it happen."
For years, JaMarcus Crews tried to get a new kidney, but corporate healthcare stood in the way. He needed dialysis to stay alive. He couldn’t miss a session, not even during a pandemic.
This article was published on Tuesday, December 15, 2020 in ProPublica.
Last winter, JaMarcus Crews forced his feet, however numb, to walk a paved public track in the town of Centreville, Alabama, until his calves cramped and sweat bloomed across his T-shirt. He knew the route well, from Library Street to Hospital Drive. He’d walked it as a kid, when he was diagnosed with Type 2 diabetes and determined to shed weight. With freckled cheeks and soft eyes, JaMarcus was built big: 6-foot-1, wide shoulders, a round torso on skinny legs. Now, at the age of 36, he was back again. The diabetes had destroyed his kidneys, and he was trying to slim down so that he could get a transplant.
On Tuesdays, Thursdays and Saturdays, from 9:30 a.m. to 1:30 in the afternoon, JaMarcus attended a clinic in Tuscaloosa operated by DaVita, one of two for-profit giants in American dialysis. About 20 patients lined the room as clear plastic tubes, coursing with blood, snaked from each person’s arm or neck into a machine. The dialyzers cleaned the waste from their bodies, which their kidneys could no longer do. When it was over, and all anyone wanted was sleep, JaMarcus drove to the wide parking lot at Target to wait for his cashier’s shift. He missed working at the bank, but a nine-to-five was no longer possible.
A stress test had recently suggested that plaque had built up in his blood vessels, giving him coronary artery disease. It was common for patients with kidney failure. If his heart was weakening, he didn’t have much time to get a kidney, but it sometimes felt as if all he did was wait. Of the roughly half a million Americans who depend on dialysis, less than 14% have made it onto a waitlist for a transplant from a deceased donor. JaMarcus had not. He’d been kept off for an array of reasons: spotty insurance, referrals that never came, misdirection about losing weight and what he needed to do to qualify. The first time we spoke, he told me several times: “Dialysis is not for life.” He was convinced that, unless he got a kidney very soon, he was going to die.
JaMarcus searched for diversions. At night, after his wife, Gail, fell asleep, he sneaked out of the house with his teenage son to drive the empty freeways and cruise by the shuttered brick downtown, letting the cold wind hit his skin. In the afternoons, when he shopped for groceries, he drove to the Walmart Supercenter instead of the closer shops, because he enjoyed the bright lights and people-watching, as if it were a mall. JaMarcus didn’t tell his wife or son that he was making calculations in his head: most people didn’t survive five years on dialysis. He was nearing seven. His mother had died in year eight.
No matter how much he tried to go a different way, JaMarcus was being pulled along the same course, one laid out for him at birth. Black Americans are more likely to be born to mothers with diabetes, which predisposes them to the condition. They have lower rates of insurance coverage and can’t see doctors or afford medication as regularly, so diabetes and hypertension are more likely to cause complications like kidney disease. Even clinical care can work against them; doctors estimate kidney function using a controversial formula that inflates the scores of Black patients to make them look healthier, which can delay referrals to specialists or transplant centers.
Although chronic kidney disease affects people of all races at similar rates, Black Americans are three to four times more likely than white Americans to reach kidney failure. Even at the final stages of this disease, they are less likely to get a transplant. It is one of the most glaring examples of the country’s health disparities, one that Tanjala Purnell, a Johns Hopkins epidemiologist and health equity researcher, calls “the perfect storm of everything that went wrong at every single step.”
When patients get to dialysis, they enter a system in which the corporations that stand to profit from keeping them on their machines are also the gatekeepers to getting a transplant. DaVita and Fresenius, its main competitor, control about 70% of the dialysis market. Though most patients rely on staff at these clinics, and the kidney specialists they work with, to educate them about their options and refer them to transplant centers, the federal government’s rules for how they must do so are vague and often toothless. As a result, patients can get direction that’s uneven, depending on how much individual social workers and doctors decide to help. It is a scenario ripe for neglect and the introduction of bias.
JaMarcus hadn’t managed to get on the waitlist when COVID-19 rolled in, first as a distant news story, and then as a threat in the air he was breathing. It was killing Black adults his age at nine times the rate of white ones. People with diabetes made up 40% of the dead; patients on Medicare because of kidney failure were more likely to be hospitalized than anyone else on the government program. It seemed as if the virus was coming straight for JaMarcus, but he wasn’t able to isolate. Every other day, he still needed to trek to a dialysis clinic to spend hours tethered to a machine, surrounded by strangers.
Sometimes, a cough would pierce the quiet. Or an empty chair would prompt rumors that a patient was in the hospital, though no one would confirm whether it was COVID-19. JaMarcus didn’t like to worry Gail. He was more open with his older brother DeArthur, his closest confidant. “I can’t get this shit,” JaMarcus told him. “I really can’t afford to get this.”
JaMarcus was born at 10 pounds, and by 6 months old, he looked to his sister Shirley as if he were doubling in size. Their parents raised seven kids on a single wage; a back injury had left their dad unemployed, and their mom made $3.35 an hour dipping toy parts in paint. Their family had been in Bibb, a rural county halfway between Birmingham and Tuscaloosa, since at least the 1830s, and JaMarcus grew up in a segregated neighborhood, across the train tracks from the town’s white residents. The kids believed that their mom, Mildred, was first diagnosed with diabetes while she was pregnant with JaMarcus.
Their friends and relatives didn’t talk much about the condition, and Mildred didn’t know how it gradually damaged a body, or how diet played a role. They ate greens and beans and sweet potatoes, meat, biscuits, and always syrup. Mildred only saw doctors in emergencies; she didn’t have insurance, and only two local physicians touched Black patients. When her husband was later diagnosed, she joked that she had given it to him, as if it were a cold. You don’t reckon Markie gonna catch it from me too, do you? she would say about JaMarcus. She didn’t know it then, but because she had diabetes, he was more likely to develop it.
Evidence of high diabetes rates among Black Americans had been mounting long before JaMarcus’ birth, but it had largely been ignored. For the first half of the 20th century, diabetes was considered a disease of well-to-do whiteness. And at one point, it was so firmly associated with Jews that it came to be known as the Judenkrankheit, “the Jewish disease,” which was believed to be caused by extreme nervousness, intellectual exertion, or centuries of distress from oppression. After the civil rights movement, when doctors began paying closer attention to the disease in Black neighborhoods, the public was shocked by the high numbers. Years later, in 1985, the government released the first comprehensive report on the health of racial minorities, and it found that Black Americans were 33% more likely to have diabetes than their white neighbors. “People were shocked again,” Arleen Marcia Tuchman, a historian of medicine at Vanderbilt University, told me. But no government funding was set aside to address it.
In her recent book, “Diabetes: A History of Race and Disease,” Tuchman writes that as researchers documented the high rates, what emerged was “a caricature of poor and medically indigent black diabetes patients as lacking intelligence, unable to understand anything but the simplest instructions.” After diabetes was split into two types, people with the autoimmune condition of Type 1, who were predominantly white, were perceived as upstanding citizens who religiously monitored their sugar, Tuchman writes, while those with Type 2 were seen as responsible for their disease. In the past decade, a new wave of social scientists and medical researchers have begun recasting Type 2 as a condition of poverty and discrimination, triggered by factors beyond genes and personal behavior: childhood stress, availability of fresh food, distance from doctors, money. Today, Black adults are nearly twice as likely to develop the condition as white adults. As income levels fall, the rate of diabetes rises. Alabama, JaMarcus’ home state, is among the poorest in the country. It also has the highest rate of diabetes.
JaMarcus’ siblings had commanding personalities, but he was different. “You could hurt his feelings just by looking at him mean,” DeArthur told me. JaMarcus had a stutter, and they mocked him with tongue twisters. They urged him to wrestle and play football at school, but JaMarcus favored housework — cooking and cleaning and washing clothes alongside his mom, in their wooden home across from the Baptist church. By the time he started high school, JaMarcus weighed 405 pounds and was the largest kid in his class. A boy named Jamuel Breeze was the smallest. They figured if they were both being bullied, they might as well link up.
In ninth grade, JaMarcus was playing on the defensive line in a Bibb County High School football game, crouching in his purple jersey and gold helmet, when he collapsed. Unable to stand, he was carried off the field. His coach kept repeating that he was overheated, but when his mother drove him to the emergency room, he was diagnosed with Type 2 diabetes. “It was shocking to everybody in our circle,” Jamuel told me. “We were all eating the same shit.”
The doctors scared JaMarcus when they talked about his prognosis. One Saturday night, while watching “The Golden Girls,” JaMarcus told Jamuel that he worried he might not survive until prom. He began injecting himself with insulin. He started swapping in celery and apples for junk food, salads slathered in ranch for lunch, flavored water for soda. In the afternoons, he walked the slow roads by Hospital Drive for hours. He lost more than 100 pounds but couldn’t shake his diagnosis.
Jamarcus coped by pushing himself at school. He got on the advanced track for science and math and joined extracurricular groups: Science Club, Key Club, Future Business Leaders of America. He starred in step routines with the Kappa League in the school gymnasium; he was so light on his feet that the crowd would go wild. Almost every day, he approached his only Black teacher, Earnie Cutts, to talk about college or a service project. What can we do for the old folk? he would repeat. Cutts told me: “He was always the spearhead in organizing, and he did it with a meticulousness that many students didn’t have.”
In 2002, JaMarcus moved to Montgomery to attend Auburn University on a scholarship, but he didn’t have insurance or enough cash for his medications. He had aged out of Medicaid at 18. Diabetes is manageable, but without regular healthcare, or money for nutritious food, a slow violence destroys the body. Too much sugar flows through the bloodstream, devastating vessels and attacking nearly every major organ. Nerves die and infections fester; it is the leading cause of blindness and amputations. One of the most debilitating complications is the wreckage of the kidneys, which filter waste from the blood to make urine.
DeArthur, who shared an apartment with him, began noticing that JaMarcus was losing his vision. When JaMarcus met Gail in his hometown in 2003, she joked that she could have found herself a healthier man at the nursing home. He was drawn to her wry sense of humor. By the time they had their son, Marcellus, JaMarcus was 23, and the nerves in his legs were so damaged that he often fell without warning. When he burned his fingertips lighting candles around the house, he felt nothing. Still, he kept up his coursework. In 2006, he got his bachelor’s degree in business administration, with a major in human resources management.
Back home, JaMarcus’ mom had taken a new job driving the dialysis van, ferrying patients to clinics, when she received her own diagnosis of kidney failure. JaMarcus knew that she’d need support; all of his siblings had left for bigger cities, and his dad, who suffered from chronic pain, spent weeks at a time in bed. In 2008, he and Gail decided to move back to Centreville from Montgomery. DeArthur asked him not to; he knew JaMarcus wouldn’t find a good career there. But JaMarcus was adamant: as a kid, he’d promised to care for his parents when they got sick, in the same way they had cared for him. He transferred to a job in Tuscaloosa, as a teller at Compass Bank, with health insurance he could sometimes afford. He didn’t always have the money to pay the premiums. They settled into a three-bedroom apartment across the road from his former high school.
Five years later, JaMarcus’ body began to swell. It started in his feet, then his ankles, all the way up his legs and into his stomach. He was carrying so much liquid that he could hardly walk, as if he was experiencing a flood inside him. Without insurance, he hesitated to see a doctor. In June 2013, he was struggling to breathe when he walked a few steps; it didn’t help to lie down. He took himself to the emergency room at the University of Alabama hospital in Birmingham, and at the age of 30, he was told that his kidneys were about to fail. They were no longer removing excess water from his body. Soon, he would need to start dialysis.
Inequity in kidney care has haunted the field for decades. In 1961, as dialysis machines were entering medicine, the Seattle Artificial Kidney Center established a panel of citizens to decide who should have access to the expensive, life-sustaining treatment. After physicians set medical guidelines, they turned over the decision to the seven members: a housewife, a lawyer, a minister, a surgeon, a state official, a labor leader and a banker. Their task was to determine who was worthy; they based their decisions on patients’ finances, their family size, their education, how often they attended church. Most who made it were white middle-class men. The citizen group was soon dubbed The God Committee. Several years after it was exposed in a Life magazine article, Congress took the landmark step to cover all dialysis patients with Medicare.
At the time, in 1972, only 11,000 people were receiving dialysis, and Congress estimated the number would triple over a decade. But lawmakers didn’t foresee the surge in diabetes — the leading cause of kidney failure — and the numbers began to balloon. “There was this seeming explosion of Black kidney failure that was ‘discovered,’” Richard Mizelle, an associate professor of history at the University of Houston told me, “but the truth of the matter is that many African Americans had long been suffering from chronic and deadly kidney disease.” Today, the United States has one of the highest rates of kidney failure in the world, and about a third of all dialysis patients are Black. Though access to dialysis was radically expanded, the inequity has been pushed to the final, life-saving treatment: transplantation. Donated kidneys are a precious, limited resource, and once again, Black Americans are at a disadvantage.
JaMarcus was an inquisitive patient; when Gail was pregnant, he grilled doctors on their years of experience and read aloud at night about the fetus developing skin and fingernails. For years, he had been asking doctors about his kidneys, concerned that he’d follow in his mother’s footsteps. It wasn’t until he went to the University of Alabama hospital in 2013 that he learned he even had kidney disease. But as he reviewed his old medical records, he looked into his creatinine — a waste product that indicates kidney function — and realized his doctors had seen that it was high. His primary care doctor hadn’t mentioned it. Nor had physicians at the local hospital. “Doctors knew my kidneys were in trouble,” Jamarcus said, “and they didn’t say anything.”
Because he was told so late, JaMarcus’ disease had already advanced, and he wasn’t able to stave off kidney failure. People who don’t see a specialist ahead of kidney failure miss out on drugs that can slow the progression of their disease; they have higher death rates and lower chances of getting a transplant. Black patients are 18% less likely to see a kidney specialist, called a nephrologist, more than a year before starting dialysis. “These race differences in referral for nephrology care have a huge impact on health,” Dr. Ebony Boulware, chief of general internal medicine at Duke University, told me. “The results are about seven times greater mortality.” Insurance coverage is a major driver, but not the only one, raising questions about the role of bias and other barriers in the system.
A race-adjusted equation was also at play in JaMarcus’ case. The formula calculates kidney function by looking at what’s called “estimated glomerular filtration rate,” or eGFR. Creatinine is plugged into the formula along with age, sex and race. Doctors must note whether their patient is “Black” or not. By design, the equation assigns healthier scores to those who are listed as Black, because at a population level, a few studies found that this was more precise. With little investigation into why this might be the case, it was just accepted. That inflated score can mean a longer wait for a kidney because eGFR must drop to a certain level before you can start accumulating time on the transplant waitlist. The best-case scenario is to get a new kidney before needing dialysis, to avoid weathering the side effects of the machines. But those transplants are given on a first-come, first-served basis, and Black patients are less likely to get one.
The researchers and physicians behind the original formula, developed in 1999, wrote that Black patients had higher creatinine levels because “on average, black persons have higher muscle mass than white persons.” The assertion that Black bodies are different from all other bodies keeps company with generations of racist ideas that have infiltrated medicine, some of which were used to rationalize slavery. Researchers who developed the equation acknowledge that race is an imperfect variable, but even though they have updated the formula, they continue to adjust for race. The vast majority of clinical laboratories in the United States use such formulas today.
Over the past several years, medical students have raised alarms about the practice, and recent articles in majormedicaljournals have questioned it. “It doesn’t make any sense,” Dr. Nwamaka Eneanya, a nephrologist at the University of Pennsylvania, told me. “I don’t know why we would think that being Black means that your kidney function is different. I don’t know if you have mixed race in your history. How can I use just the word ‘Black,’ one word, to dictate your care?” A number of hospitals including Beth Israel Deaconess Medical Center in Boston and University of Washington Medicine in Seattle have recently changed their practices. Nephrologists, though, are split. Those who aren’t ready to abolish it argue that removing the variable will carry its own negative consequences — for example, patients can’t get certain medicines like metformin, the cornerstone of Type 2 diabetes management, if their eGFR is too low. Some would prefer to carefully, and slowly, replace the formula with something more precise, like a marker called cystatin c, another indicator of kidney function.
In June 2013, JaMarcus’ race-adjusted eGFR was 25 — too high for the transplant waitlist. He’d need to wait until it was down to 20 before he was eligible. Dr. Vanessa Grubbs, a Black nephrologist who is one of the most vocal opponents of the race correction, had a Black patient in a similar situation. He had an eGFR of 24, which would have been 20 if he were white. Because she didn’t trust the formula, and a cystatin c test wasn’t available, she asked him if he’d be open to trying a more onerous process that most doctors don’t ask for: He would have to collect his urine for a full day and store it in a refrigerator, so she could estimate his GFR with more precision. When she had that sample tested, his GFR was calculated as 20. She referred him for a transplant.
The best treatment for kidney failure is a transplant from a living donor, but JaMarcus couldn’t ask Gail to donate a kidney; she also had diabetes. Most of his siblings did as well. Black patients have far more trouble finding relatives who can donate, because of a higher rate of disqualifying medical conditions. The disparities in living donor transplants have nearly doubled since 1995: Today, white Americans are almost four times more likely to get one.
JaMarcus wasn’t the type to ask strangers for a kidney, either, but he could see that some patients had gone public with their needs. Along the roads in Alabama, bold-colored billboards read: VERNA NEEDS A KIDNEY. MELINDA NEEDS A KIDNEY. JASON NEEDS A KIDNEY. Below the names were photos of each patient — hooked up to a dialysis machine, or hugging their children — with a phone number and a question. “Could you be the miracle I’m praying for?”
In November 2013, JaMarcus started dialysis in Tuscaloosa, a 40-minute drive away, at the same DaVita center that his mom had attended, in a small brick building behind an auto repair shop. JaMarcus’ sister Shirley had asked him to try a different clinic; she hadn’t liked how the staff had treated their mom. But JaMarcus took comfort in the familiar. DaVita was a brand he knew, a Fortune 500 company with more than 2,600 centers, which seemed to be everywhere, across from McDonald’s and Taco Bell.
Dialysis is corporate healthcare on steroids: For-profit companies dominate the market, reap their revenues from Medicare and lobby hard against government reform. DaVita and Fresenius recently spent over $100 million to fight a ballot initiative in California that would have capped their profits, much of which are derived from taxpayer dollars, arguing that the initiative would lead to a shortage of doctors. They have lower staffing ratios and higher death rates than nonprofit facilities. And studieshave found that patients at for-profit clinics are less likely to reach the transplant waiting list; they are 17% less likely to get a kidney from a deceased donor. Purnell, the Johns Hopkins epidemiologist, said the whole system is broken as long as corporate dialysis, which is financially incentivized to keep patients, is in charge of steering them to the better treatment of transplant: “Why would I walk into a Nissan dealership to tell me about a BMW?”
Dialysis facilities are responsible for transplant referrals, according to federal regulations, and JaMarcus’ DaVita social worker was assigned to educate and support him. When he was first assessed, a couple of weeks after he began, she wrote that he was suitable for referral and she would get him one when he got insurance. Jamarcus qualified for Medicare within three months. But more than a year later, he still hadn’t been referred.
By 2015, JaMarcus had a new DaVita social worker, Robbin Oswalt, who attributed the delay to a different prerequisite: “He is interested in getting a transplant referral if the Dr. approves after his wgt loss.” JaMarcus had lost 108 pounds since he started dialysis, and his body mass index had been hovering around the University of Alabama’s limit for months. At the time, he didn’t know that his height had been mistakenly entered into his DaVita records as 5-foot-11 — an inch and a half short of his actual height. Their incorrect number was then used to calculate his BMI, which made it look to his doctor that his weight was disqualifying, when it wasn’t.
JaMarcus didn’t like to step on people’s toes. He’d been raised in a family of rule-followers and thought that his social worker would make a referral when he was ready. Unlike many hospitals, the University of Alabama transplant center didn’t allow patients to refer themselves. His social worker needed to coordinate with the nephrologist, Dr. Garfield Ramdeen, who has an independent practice but is also contracted by DaVita as the medical director of the clinic. He rarely came to the center while JaMarcus was there — once a month, twice if JaMarcus was lucky. (DaVita said that someone from the physician’s office made rounds on a regular, often weekly, basis. Dr. Ramdeen did not reply to multiple requests to speak with me.) JaMarcus started to feel as if no one was paying attention. “And that’s what kept me off the list,” he told me.
Dr. Deidra Crews, a professor of medicine at Johns Hopkins (who is unrelated to JaMarcus), sees patients at Fresenius, DaVita’s main competitor, and says that delays in referral are common. “It’s not a system to move people into transplantation,” she told me. “Reminders would be helpful, protocolizing it so every month social workers are checking in on transplant.” (A Fresenius spokesperson wrote that it has “monthly progress reports” and is “piloting several new technologies’’ to streamline referrals and to better manage patients on the waitlist.) Even DaVita recognized that this was a gap when I asked about it. There are few systemwide rules, and each center has its own practices.
DaVita said that staying on the path to a transplant is a shared responsibility between the doctor, the patient, the transplant center, and the dialysis care team.“We want all patients – regardless of their age, race, health conditions or insurance status – to have access to transplantation, which we believe is the best treatment option for people with kidney failure.” The company wrote that the ultimate decision to pursue a transplant happens between a doctor and a patient. The Centers for Medicare and Medicaid Services note that referrals are a dialysis “facility-level responsibility.”
When JaMarcus’ nephrologist finally referred him to the University of Alabama transplant program, in early 2015, his weight had risen. He explained to Oswalt, his DaVita social worker, that he’d understood from staff at the transplant center that he was a bit too heavy. Oswalt noted this in his chart. She didn’t suggest that he try the center at Vanderbilt University, three hours away, which accepted patients at higher weights. It’s unclear if she even knew it. DaVita did not mandate her to supply that kind of help.
As the routine became more permanent, JaMarcus privately mourned the collapse of his career. At the bank, he’d been hoping for a promotion to loan officer, and recently, he’d been applying for jobs in human resources. But the only work he could find that tolerated his dialysis schedule was a part-time position as a cashier at Dollar Tree. JaMarcus cancelled cable. Instead, he bought bootleg DVDs and the family pretended their home was a theater, microwaving big bowls of popcorn and bragging about it to friends. When Gail’s teenage niece asked to move in, he started parenting her as if she were his daughter. He kept up appearances, still dressing them all in matching clothes: blue sneakers for the men in the family, identical purple button-downs, pink for everyone on special occasions. He committed himself at church, as the treasurer and resident decorator, singing with Gail in the choir.
Low on cash, JaMarcus moved his family from their tidy apartment to his childhood home, with rotting floors, no heat and holes in the windows. He borrowed $50 here and there from family to help cover the gas to get to DaVita, 30 miles away. When he tired of asking, Gail pawned three gold rings, gifts from her father and godmother. “I knew if I didn’t do anything, he wouldn’t be able to get to and from,” Gail told me.
JaMarcus put up a front as he lost control of his body, which was retrofitted to be plugged into the machines. He laughed if blood spontaneously rushed from the port in his neck. When doctors joined a vein and artery in his left forearm, creating a fistula to withstand the needlesticks, he joked about the sight of it, bulging and gnarled. “Feel this! Touch it!” he would say, running his fingers over the blood he felt thrilling beneath his skin. As a young boy, Marcellus mimicked his humor. He knew his father could no longer urinate, and he’d stand over the toilet to tease, “Look dad, I can pee!”
But as dialysis wore on JaMarcus’ body, Marcellus began to worry. At the age of 10, he Googled his dad’s condition. He read about how his father needed dialysis to live, but how it might damage his heart and how he could die. He didn’t want to pry, so he watched most mornings as JaMarcus vomited up the fluid that his body could no longer handle. In silence, they’d get in the car and drive to school.
When JaMarcus began seeing a nutritionist, in 2019, he said that he wanted a transplant because of Marcellus, whom he called his “mini-me.” His son was approaching the same age he was when he was first diagnosed with diabetes. JaMarcus told the nutritionist that he worried Marcellus was “headed down the same road.” Each month, JaMarcus used his glucometer to check his son’s sugar levels. He taught Marcellus to watch his weight and brought him along to walk the track.
JaMarcus no longer needed a doctor’s endorsement to get a referral for a transplant; a year earlier, DaVita had changed its rules to allow patients to ask for a referral when they wanted one, regardless of whether their physician thought they were a good candidate. The company made the decision in order to remove the influence of implicit bias. JaMarcus had been waiting until he could bring his BMI of 36 down to 35, which is what he’d been told he needed to hit in order to qualify. But the University of Alabama transplant program had raised its body mass index limit to 40 back in 2015. The hospital didn’t publicize its new standards on its website, and no one at DaVita had told him. For years, he’d been eligible.
When I mentioned my confusion about this to DaVita, a spokesperson replied that their social workers aren’t transplant coordinators but transplant advocates. When I asked why they didn’t provide basic facts on the requirements at nearby hospitals, DaVita replied in an email that the responsibility to update patients on criteria falls to transplant centers. Years ago, DaVita tried to argue against federal regulations that require dialysis care teams to assess patients based on the criteria at the prospective transplant center, claimingthat this was “beyond the reasonable scope of practice” for most of its staff. The Centers for Medicare and Medicaid Services, though, explains in its guidelines that “if the dialysis facility refers patients to multiple transplant centers, the dialysis facility should have the selection criteria for each center on file and available to patients.”
Over time, the setbacks eroded JaMarcus’ optimism. He’d tried pursuing a master’s in education through the University of Phoenix, but he couldn’t afford the tuition. He would watch what he ate and take long walks, only to fall behind on his medication and binge on sleeves of fun-size chocolate bars. Sometimes, he’d call DeArthur just to vent: I don’t understand. What did I do? What did I not do? JaMarcus had always been slow to anger, but DeArthur noticed he was developing a temper. Occasionally, he cussed DeArthur out, hung up, and called back to apologize.
This March, JaMarcus got the news he’d long been waiting for: he was being referred to the University of Alabama transplant center. Under normal circumstances, staff at the center would have contacted him within two days. He would have had an appointment at the clinic in Birmingham within a month, and spent the following weeks getting tests with his doctors: an echocardiogram, a stress test, a CT scan. He expected that he would then be approved for the waitlist. If he could get on it, his time would be backdated to when he started dialysis in 2013, and he’d be near the top of the list. Chances were good that he could get a transplant within a year.
Like everyone this spring, his plans were interrupted by the coronavirus. First, Marcellus’ middle school shut down in the middle of March. JaMarcus and Gail drove to Sam’s Club to stock up on toilet paper and sanitizer and water. Then, Gov. Kay Ivey issued a statement on the state’s first confirmed case. “Alabamians should not be fearful,” she said. “Alabamians are smart and savvy, and I know they will continue taking appropriate precautions.” Two weeks later, word started to get around about the first person in town who’d contracted the virus. At 58 years old, he’d been placed on life support.
JaMarcus recognized that his immune system, weakened by diabetes and kidney disease, was no good at protecting him. So he took a leave from his new job, on the check-out line at Target, retiring his red shirt. Since Gail couldn’t drive, JaMarcus masked up to buy groceries. Each time he arrived back home, he left the plastic bags on the porch, threw his clothes in the washer and soaped himself down in the shower. Gail trailed him through the house with Microban, spraying the knobs and light switches.
Every once in a while, strange symptoms set in, and he wondered if the virus had caught him. In April, just before his 37th birthday, his ears started ringing and aching, and he ran a low fever. The local hospital denied him a COVID-19 test but told him to self-quarantine. He moved into Marcellus’ bedroom, where his son would leave him ramen at the door. When he called his dialysis clinic, staff said to come in to his normal shift with a mask, like everyone else. (DaVita told me that, for the most part, they treat patients with suspected COVID-19 in different facilities or on different shifts from the general population.) In May, the earache came back stronger, this time with a cough. He got a COVID-19 test and it came back negative.
That month, JaMarcus decided to put his goal of a transplant before his worries about the coronavirus. He switched from morning dialysis to night sessions, because he wanted a full-time day job with insurance. Anyone on Medicare because of kidney failure loses that coverage three years after a transplant, so patients need private insurance for the lifelong medicines that follow the surgery. (The U.S. House of Representatives passed a bill last week to cover these immunosuppressive drugs; the Senate is expected to vote on it soon.) Night dialysis meant attending a new clinic, which held seven-hour sessions in the evenings. Gail hated the routine and its risks, but she slowly acclimated. When JaMarcus got home around 2 a.m., before he lay down to sleep, he would reach by their wrought-iron bedpost and gently squeeze her toes.
On a warm night a few weeks into JaMarcus’ new regimen, a man known as Big Eric started shivering in his chair. While JaMarcus and the others remained hooked to their machines, an ambulance arrived and rushed Eric to the hospital, where he tested positive for COVID-19. JaMarcus knew several people in town who’d been admitted with the virus and had made it out alive. Then he learned that Eric was dead.
Black Americans were dying of COVID-19 at nearly three times the rate of white Americans. For anyone familiar with the disparities that have long plagued health care, this was not surprising. But once again, headlines heralded the “shocking” and “alarming” figures. Jobs, housing and testing all played their parts, but it was impossible to ignore how conditions like kidney failure, and its leading causes of diabetes and hypertension, were already distributed across the country, making certain Americans particularly vulnerable. Far too many of these patients had already been left behind by a health system never set up to care for them.
Despite all of the research on racial disparities in transplants, the government has been slow to implement reforms. The Centers for Medicare and Medicaid Services requires dialysis centers to “inform” their patients about transplant options, but it hasn’t standardized exactly what they need to communicate. One study out of Georgia found that the transplant referral rates in the first year of dialysis ranged from 0% to 75% among clinics, and the variability could not be attributed to measured differences among patients. The government hasn’t tracked or publicized referral rates at different centers, or set up penalties for those on the low end.
Last year, President Donald Trump signed an executive order to improve kidney care, in which he proposed changing Medicare payments to incentivize more transplants. The order did not include measures to ensure that patients were equitably referred, evaluated and waitlisted for transplant. Many kidney researchers were left wondering when the federal government would prioritize equal access. This summer, physicians and advocates took one step to address fairness in clinical formulas. The National Kidney Foundation and the American Society of Nephrology formed a task force to assess the race-correction equations. They wrote that “race is a social, not a biological construct,” and that they “are committed to ensuring that racial bias does not affect the diagnosis and subsequent treatment of kidney diseases.” They expect to announce an update later this month.
When I spoke with JaMarcus in early June, I could hear the frustration in his voice. “If I were on the donor list, I would have received a kidney by now,” he told me. He was livid that the process had been this difficult to navigate, and he was worried about his friends in dialysis, many of whom didn’t have a high school education. He had a degree in business — he had nearly completed a Master’s, he repeated — and still, it seemed as if his doctors, his social worker, his clinic, the entire system, was working against him.
It wasn’t until July that things started looking up. In his night clinic, JaMarcus had a new social worker, Candice Morrow, who was helping him apply for financial aid to cover gas money, and his care team was following up on his referral. Morrow left him handwritten notes about her progress. “Just didn’t want you to think I forgot about you,” she signed off. The surgical director of the kidney transplant program at the University of Alabama told me that the first record they have of a referral this year was not in March, but on July 9. “Not all good candidates get to the transplant center,” Dr. Michael Hanaway said. “This is an inefficient system that does not serve patients well. Many, many patients get left behind.”
To Hanaway, JaMarcus looked like a good candidate: young, otherwise healthy, with a fine BMI. He had made it down to 258 pounds that summer, earning him the nickname Slim Shady. It seemed like everything he had done over the past several years had primed him to get on the list. After he got an angiogram, he even learned that he didn’t have coronary artery disease. “I got a heart like a teenager!” he gloated to Gail, when he got home from the cardiologist. “Baby, I can do it all.”
When his ears began ringing again in July, JaMarcus didn’t think much of it. There was a whistle in his breath, and he’d lost his appetite, but it seemed like a simple cold. On July 14, he called in sick to dialysis. But two days later, when he stood up to drive to his next session, it felt to him as if the room was spinning. When he made it to the front door, he announced that everything looked blurry. Confused, Gail called DeArthur, who drove up from Montgomery and took his brother to the hospital.
With too little oxygen in his blood, JaMarcus was admitted to the intensive care unit at DCH Regional Medical Center, where he lay facing a shaded window and a wall-mounted clock. He alternated between an oxygen tube and a BiPAP, a kind of air mask, to breathe. After his lab work and chest X-ray came back, he was diagnosed with sepsis, respiratory failure and pneumonia. Then his test came back positive for COVID-19.
When his relatives texted him, JaMarcus shot back casually. “Thanks for checking on me,” he wrote to his nephew, “I’m doing fine just got to get better tho.” Marcellus texted: “Mommy don’t want to talk…. are u ok… u want to call me and talk or what.” JaMarcus replied: “Doing well son.” His younger brother teased, “How ya feeling boi? You gotta give me at least 10 to 15 more years before you can kick tha bucket…” JaMarcus wrote: “I’m trying not too.”
Gail spoke with him every night, until 1 or 2 in the morning. She sang gospel songs in her strong alto, and she prayed aloud. JaMarcus had always thought that her prayers reached God quicker than his. And he didn’t want to let his body drift from consciousness. “He would never want to hang up,” Gail told me. “He just wanted me to be on the phone.”
On July 29, the doctors started talking about putting JaMarcus on a ventilator. Gail asked him, “Is there anybody else that you want to talk to before they put you on the machine?”
JaMarcus said: “I’m talking to her now.”
Gail didn’t dare say it, but she couldn’t stop thinking about a text she’d received from him earlier. All he had written was: “I’m so scared.”
On Aug. 8, dozens of young families in masks gathered in the yard of Present Truth Church, facing a powder blue casket with silver hasps. There, JaMarcus lay with his arms by his sides, in a white suit and baby blue tie. Under a hot sun, several women in face shields and gloves sang worship songs as Marcellus fanned his mother with a funeral program. After the poetry and the prayers, a caravan of cars drove past JaMarcus’ childhood home, his elementary school, the church where he was married, to a cemetery, tucked into a forest, where his parents were buried.
JaMarcus died on July 31 at 7:29 a.m. The hospital had allowed Marcellus and Gail to say goodbye, and in the fluorescent light, they had stood beside his bed. Marcellus wrapped his hand around his father’s finger, which was warm. JaMarcus coded once, then twice, and he was gone.
At first, Marcellus didn’t know how to feel. He told me that it was like genjutsu, a concept he’d learned from a Japanese anime series, in which a victim’s senses have been disrupted, and he moves through an illusion of a world that is not real. Hours after JaMarcus died, Marcellus texted his dad: “Wassup.” When he realized that his father wasn’t coming back, he wrote to him for guidance: “If u can some way can u replied back to me to see are u ok please dad.”
In the weeks after, Gail rarely moved from her bed. She cried, she played Wheel of Fortune on her phone, she put herself to sleep with melatonin. She punished herself daily by scrolling to a photo she’d taken of JaMarcus in his coffin. Sometimes, Gail got angry about all he had been through at dialysis. At other times, she was grateful that he didn’t have to suffer it any longer.
When I brought details of JaMarcus’ care to DaVita, they told me that there was no record of him or his family filing a complaint or sharing negative feedback. “The transplant system is complex, and it’s difficult to hear about experiences like JaMarcus’, who didn’t make it onto the transplant center’s waitlist even after his physician referred him several times. JaMarcus was a beloved patient we supported for many years. Our hearts are with his loved ones, and our care team is grieving his loss. Alongside the entire kidney care community, we will continue to advocate for transplant and actively push for progress to the system.”
I visited Gail and Marcellus in September, and most days, we sat in their dark living room. Gail curled into her favorite recliner, surrounded by reminders. Fake white roses that JaMarcus had coiled into a bouquet. Framed photos of Gail, with the note, You’re still the one. She hadn’t let Marcellus return to school, and she was still scared to go outside.
One Friday night, Gail was trying to get some clarity on all the bills, which kept arriving in her mailbox. JaMarcus, like all dialysis patients, didn’t qualify for a traditional life insurance policy, and Gail didn’t have a job. She was sorting through the mail as we talked. Amid the junk sat a University of Alabama Medicine envelope. She picked it up and read it silently: “The UAB Transplant office has received a referral for transplant evaluation from your local nephrologist,” it began. The transplant center was writing to schedule an appointment.
Gail leaned her cheek on the headrest. “Lord have mercy,” she said. Tears dripped out of the corners of her eyes. She let her mind imagine JaMarcus celebrating: “Gail, Gail! Can you believe it?” She pictured him shouting. “I’m getting a transplant.”
Lizzie Presser covers health, inequality and how policy is experienced at ProPublica.
Arizona's Independent Oversight Committees helped it become one of the best places in the country for the care of people with developmental and intellectual disabilities. But now members say the state hasn't provided necessary resources.
This article was published on Saturday, December 12, 2020 in ProPublica.
More than 40 years ago, Arizona set up a revolutionary system to protect the safety of residents with developmental disabilities like Down syndrome, autism and cerebral palsy.
The state created panels of volunteers — family members, nurses, disability advocates — in different regions to oversee the agency charged with the care of those with developmental disabilities.
The volunteers visited group homes, advocated for new programs and reviewed reports of possible abuse. They helped Arizona earn its reputation as one of the best states in the country for the care of people with developmental and intellectual disabilities.
But today, the Independent Oversight Committees are falling apart, with members accusing the state Division of Developmental Disabilities, or DDD, of neglecting to provide the information and resources they need to do their job, according to interviews, official documents and a review of confidential incident reports by the Arizona Daily Star and ProPublica.
Four committee members — including several long-serving leaders — have resigned during the past year. Several others interviewed by the news organizations report they are considering doing so. Some of the panels are barely functioning because not enough people show up for meetings.
Nearly all of the 20 committee members interviewed — a group that includes representatives from each of the state’s six regional committees — expressed frustration with the agency. They said that DDD officials do not regularly attend meetings to answer questions. Abuse reports arrive months or even years after the incidents occurred, preventing timely interventions. Suggestions for improvements are ignored.
The new findings follow an investigation by the news organizations this year that found that DDD was failing some of the state’s most vulnerable residents as a result of budget cuts, poor management and leadership turnover.
This fall, Cynthia McKinnon, a nurse who served for 30 years on the committee that covers the northern part of the state, turned in her resignation after her committee hadn’t received any incident reports in more than five months.
“The decades during which I worked advocating for medical care, for justice, for education, for inclusion, for HUMAN rights for a population with no voice and for group homes that assisted members to become independent are lost,” McKinnon wrote in her resignation letter. The independent oversight committees seem to be “an afterthought as the system has failed to provide the basic requirements to perform oversight.”
In response to detailed questions, DDD officials described their efforts to assist committee members. They said that reports are provided with redactions required by state law and that committee members can request visits to institutional sites if they disclose their intent to DDD officials before visiting.
The agency acknowledged that one committee in northern Arizona was not functioning because of a lack of members. The statement described how one DDD employee travels throughout the state to recruit members to the boards by providing flyers and brochures at schools and community groups.
“As with any group, finding qualified individuals willing to commit the time to the organization can be challenging,” the agency wrote.
The agency did not respond to specific questions about individual cases. In a statement, agency officials said the division treats people with developmental disabilities “with respect and the utmost care.”
“Our staff are truly committed to the individuals we serve, and we will continue to improve our programs to ensure all members receive the highest quality of care and assistance,” the statement read. “Member safety is our top priority, and we do our due diligence when an incident occurs to ensure members remain safe and comfortable while continuing to receive the care they need.”
“Spinning Our Wheels”
The committee members’ most important job is also their most difficult: reviewing confidential incident reports that catalog the dangers faced by Arizonans with developmental disabilities.
DDD officials, workers at state-funded group homes, providers of in-home care and people who work with the disabled community are required to file reports about potential health and safety concerns involving people with developmental disabilities. Each year, tens of thousands of reports are generated, documenting everything from spats between roommates to bedbugs to sexual assaults and deaths.
The division can address problems raised in the reports by requiring more training, requesting the dismissal of health care company employees and threatening to rescind provider contracts. For the most serious incidents, the agency works with the state’s Adult Protective Services, which can investigate and recommend criminal prosecution.
The committees are designed to act as a safety net to make sure that state agencies are properly responding to complaints. Committee members are supposed to be independent of state control; each committee appoints its own members when slots open up.
It’s not unusual for a committee member to spend 10 hours a month reading hundreds of reports. Committee members are supposed to flag possible human rights violations and question the way the state conducts investigations and resolves complaints. But that task has become more difficult in recent years.
Committee members used to receive full copies of the reports. But in 2013, as a result of state and federal privacy rules, the division began to strip out details. Among other information, the division now withholds the names of individuals, their disabilities and the locations of the incidents.
So much information is redacted from reports that it is difficult to understand what actually happened, said Karen Van Epps, who chairs the oversight committee that covers much of metropolitan Phoenix. She said that DDD often ignores requests for additional details.
“It seems sometimes like we’re spinning our wheels,” she said.
Committee members from across the state said DDD was slow in delivering reports to them for review.
One recent report reviewed by the Star and ProPublica indicated that a woman living at home fractured her shoulder. Family members said they didn’t know how it happened. The case was closed. The committee received the report almost two years after the state learned of the incident, making it difficult to take action.
A different woman living in a group home showed up to a day program with a bruise under her eye. There was no explanation in the group home’s logbook as to how it happened. Committee members did not get an incident report until six months after the incident took place.
In other cases, committee members said that DDD ignored requests for additional information about incidents they had flagged for further review.
DDD delivered several incident reports to committee members this spring indicating that group home employees were being told to come to work with fevers — and not tested for COVID-19 — because facilities were short staffed.
The division did not respond to committee members who raised concerns over the incidents. At the bottom of one incident report provided by DDD to the committee, a member wrote, “Pushed back for more info. ... It never came.”
Committee members said that DDD also does not appear to be addressing systemic problems.
In one recent case, a health aide working for a private company under contract with the state had sex with a person with a developmental disability. DDD determined it was consensual and no action was needed. The company later fired the person.
Bernadine Henderson, who sits on the committee serving western Arizona, said the incident reflected a broader pattern. The employee can now find a job with another company. It’s a common occurrence that the agency has failed to address.
“We’ve expressed a lot of concern about someone being fired from one agency and going to another,” she said.
DDD officials said they could not act against health care workers without a finding of wrongdoing by the courts or the state’s Adult Protective Services agency. They said responsibility rests with the health care provider.
“The new employer would need to perform their due diligence in background and reference checks before hiring to ensure members are served by the most qualified and caring employees.”
Diedra Freedman, a retired attorney and parent of a child with autism who heads the committee that covers the western part of the state, said the division was failing its responsibilities.
“When I look at these incident reports, [DDD is] not walking the talk. These people are not being treated like human beings,” she said.
The Beginnings
The committees arose as part of the settlement of a 1977 class-action lawsuit against the state that alleged horrific living conditions for residents of the Arizona Training Program, an institution on the outskirts of Coolidge, a town located between Phoenix and Tucson.
At the time, the Arizona Republic described the Coolidge facility, which then housed twice the number of people it was designed to hold, as “a wasteland.”
“The tumbledown buildings echoed with hostile shouts of pain and confusion. There were dressers without drawers, beds without blankets, sofas without cushions and restrooms without toilet paper. Residents were often drugged, locked in padded rooms or tied to their beds,” according to the newspaper.
Van Epps recalled being named to one of the original committees. At the time, she had just become co-guardian of her sister, Janie, who has Down syndrome. Janie is now 71 and living near Casa Grande with a family paid to provide her care. Van Epps is proud that her family never put her sister in an impersonal institution.
“That was one of the ways you could get a voice,” she said of what were then called Human Rights Committees. “I’d sort of been crabby about stuff and nobody listened to me.”
Oversight was initially focused on a few larger facilities, but as more people placed loved ones in smaller community settings, the focus turned to group homes all over the state.
In the beginning, Van Epps recalled, committee members were given ID tags and allowed to make site visits.
“One of the first things we’d do is pull the covers back to see if there were sheets on the bed. I can’t tell you how many times there weren’t,” she said. “We really did have a good idea of what was happening.”
The committees were given the undivided attention of leadership at DDD, Van Epps said.
“Compared to now we were awesome.”
In an interview, McKinnon recalled that committees in the early days often focused on health care, which wasn’t always available to people with developmental disabilities.
She urged DDD officials to offer specialized care for women. She advocated for bone density tests for people with developmental disabilities who use wheelchairs, rather than waiting “until their bones start breaking every time you move them.”
McKinnon said DDD officials used to routinely attend meetings to listen to the concerns of people with developmental disabilities.
“There was a time staff and [people with developmental disabilities served by DDD] attended the meetings so that members could express their thoughts about their lives, living situation and day programs.”
Over the past decade, budget cuts and leadership changes — there have been six directors of DDD in the past six years — weakened the power of the committees, according to both McKinnon and Van Epps.
Nancy Barto, a Republican legislator, has long supported the work of the oversight committees. She successfully shepherded a bill through the Legislature that attempted to insulate the committees from interference by moving them into another state agency.
“We have work to do to properly get that independent oversight throughout the state,” Barto said.
Resignations
Others have given up on the committees.
Since January, at least three committee members along with McKinnon have resigned, including Lynda Stites, who chaired the Tucson-based committee covering the southern portion of the state for several years.
Cynthia Elliott, who served on the committee serving eastern Arizona, quit this fall.
She had hoped that serving on the committee would give her insight into the care received by her daughter, Zainab Edwards, who is deaf, has autoimmune encephalitis and suffers from seizures. Instead, she just found the experience exasperating.
During her time on the committee, Elliott voiced concerns about a person living in a group home who was having significant behavior problems. She learned by reviewing the records that the person was deaf. The person was not being taught American Sign Language, nor did the person have access to an interpreter. Elliott’s committee reported it to DDD as a possible human rights violation. A year later, she had heard nothing back from the agency.
“It’s not what I thought it would be and it ended up not being in any way effective,” she said.
Several more committee members from different regions said they are considering resigning, placing more pressure on the struggling system. Since August 2018, some committees have had as many as eight monthly meetings canceled, usually because they did not have a quorum.
Committee members from across the state said their questions are often never answered.
“For all the hoopla about how invested we are in our vulnerable population, it’s a waste of time,” Elliott said.
“Damaged Beyond Repair”
Being part of the oversight system was personal for Ted Garland.
Garland, who lived in Flagstaff and worked at Northern Arizona University, had cerebral palsy. He served on the oversight committee for the northern part of Arizona off and on for about 10 years — having first learned of the committees after McKinnon helped him with a difficult living situation.
Garland loved social activities like belonging to Toastmasters International, a nonprofit that promotes public speaking skills. Membership on the oversight committee was a natural fit, but DDD didn’t make it easy for him.
He had repeatedly expressed concern about accessibility issues, according to several members, and found it challenging to find a ride across town each month. He asked to attend the meetings virtually and, according to the minutes from the Nov. 21, 2019, meeting, “suggested a technology called Zoom.”
Dani Lawrence, a committee member who recently resigned, said she was upset when division staff appeared to not take Garland’s suggestion seriously.
“Staff scoffed at the idea stating it wasn’t secure technologically — although it’s now perfectly acceptable, in a pandemic, to have had nine months of virtual open public meetings,” Lawrence wrote in her resignation letter.
When the committee went ahead and voted for Garland to be co-chair, “the state liaison staff indicated the member was too disabled for the travel involved in state meetings and therefore couldn’t be the chair of the committee,” Lawrence wrote.
DDD did not respond to questions about Garland but said, “Recognizing how large some of the districts in Arizona are, [committee] members are able to participate in meetings virtually.”
Ultimately, it didn’t matter. Garland died unexpectedly of a heart attack 10 days later.
Lawrence was livid.
“The system of review is damaged beyond repair, which tells me as a committee member that maybe the state of AZ doesn’t actually want the outside review,” she wrote. “For me it’s made me feel like committee service is a farce, for optics only and a waste for families that needed the oversight for their loved ones.”
We reported how Memphis’ largest hospital system sued thousands of poor patients. Now, new data shared with Sen. Chuck Grassley shows the system collected $169 million in past-due bills, but only 1% received financial assistance during collections.
This article was published on Friday, December 4, 2020 in ProPublica.
Memphis’ largest health care system almost never gave patients discounts based on their income even as it pursued thousands for overdue bills in the last several years, according to new information released this week.
Since 2014, Methodist Le Bonheur Healthcare, a nonprofit, collected just over $169 million from more than 977,000 patients with bills at least 30 days past due, but only 1% of those received financial assistance during the collections process, the hospital reported in a lengthy response to a query from Sen. Charles Grassley, R-Iowa, who chairs the Senate Finance Committee.
The hospital also disclosed that employees at its now-shuttered collection agency were given financial incentives based on the money they recouped from patients. Workers received a 10.75% commission on amounts collected over $30,000 per month, the hospital’s response said.
In a letter Grassley sent Wednesday to the Senate Finance and Judiciary committees, he noted that the health care industry has protested that the tax code that guides tax-exempt hospitals’ charity care and collection practices, Section 501(r), is too strict.
But his inquiry into the billing practices of Methodist and the University of Virginia Medical Center, which was the subject of a similar investigation last year by Kaiser Health News, “unfortunately has shown that, if anything, the requirements of 501(r) need to be strengthened rather than softened.”
He noted that Methodist and UVA are far from the only two hospitals that have engaged “in billing and debt-collection practices that defy the spirit” of the tax code.
“There seems to be a pattern: questionable behavior leads to negative press attention; negative press attention leads to more desirable behavior.
“That may create some good outcomes but it is an unsustainable way to ensure a distinction between for-profit and non-profit hospitals,” Grassley wrote. Tax rules “should make clearer what non-profit hospitals must do for low-income patients in order to maintain their tax-exempt statuses.”
Grassley’s focus on the nonprofit hospitals comes as the COVID-19 pandemic ravages the country and is straining hospitals nationwide, including in his home state of Iowa. Grassley himself tested positive for COVID-19 recently and completed a quarantine before returning to the Capitol. But the senator said as life returns to normal with the anticipated approval of vaccines, Congress must renew its efforts to rein in nonprofit hospitals.
Neither Methodist nor UVA responded to requests for comment.
In his letter to Grassley, Methodist CEO and president Dr. Michael Ugwueke told the senator, “We share your commitment to those who are underserved because providing health care for everyone — regardless of their ability to pay — is essential to our Methodist heritage and mission.”
UVA’s interim CEO, Dr. Chris Ghaemmaghami, wrote in a November 2019 letter to Grassley that when the hospital fell short of its standard to “treat all patients with fairness, dignity and compassion,” it would acknowledge its mistakes and do better, as it believes it has done with its changes to its billings and collections practices.
In June 2019, MLK50 and ProPublica reported that Methodist sued more than 8,300 patients between 2014 and 2018, many of whom are low-income and could not afford their hospital bills. After winning a judgment, Methodist would then try to garnish the defendant’s paycheck, even when the defendant made very little money. Not infrequently, the defendant would also be a Methodist employee.
In response to the MLK50-ProPublica articles, Methodist dropped thousands of lawsuits against patients and has only filed two additional lawsuits for unpaid hospital bills since July 2019. It also erased at least $11.9 million owed by more than 5,300 defendants and announced that it would no longer sue its own employees.
Methodist’s reforms stretched into the hospital’s charity care policies as well: Patients whose household income falls below 250% of the federal poverty guidelines — or just over $64,300 for a family of four — now qualify for a 100% write off of hospital bills. The prior threshold was 125% of the federal poverty guidelines.
Under its new policies, the hospital also will not file suit against any patient in households that earn less than 250% of the federal poverty guidelines, regardless of their insurance status.
The IRS requires tax-exempt hospitals such as Methodist to provide charity care, but it does not dictate how generous that care must be. The tax code sets guidelines around what it calls extraordinary collection actions, which include lawsuits, garnishments and liens for unpaid hospital bills. The IRS has not accused Methodist of violating those guidelines, but an MLK50 reporter found that the hospital had not posted its charity care guidelines in public places as required. (The hospital subsequently posted its guidelines.)
In earlier statements, Methodist stressed that it provided $226 million in “community benefits” annually but it had declined to tell MLK50 and ProPublica how much of that went to charity care. The documents released by Grassley show the specifics: In 2018, about $96.4 million, or 42%, of the total $228 million net community benefit was discounted or free care to indigent patients.
Following news reports of their aggressive debt collection practices, Methodist and the University of Virginia Medical Center were grilled by Grassley in separate letters last year. The hospitals’ responses and copious attachments filled more than 950 pages.
Methodist’s answers, released by the senator on Wednesday, provide an inside look at the hospital’s collection procedures, and the attached documents include previously unrevealed guidelines that detail, step by step, how it determined whether a patient should be sued for an overdue bill.
The hospital said it relied on “reputable third-party data aggregators” to determine whether a patient’s household income was below its threshold for filing suit.
It’s unclear, and the senator did not ask, whether Methodist had used those aggregators in the past and, if so, why they did not find so many patients whose incomes fell below the threshold for charity care.
If it had, the hospital would have seen that grocery clerk Carrie Barrett’s income in 2018 was $13,800, which should have enabled her to get a 100% discount on hospital charges. The hospital had sued her in 2010 for an unpaid bill, and by 2019, with interest and attorney’s fees, her debt had ballooned to $33,000. (After the articles were published, Methodist erased Barrett’s debt.)
In October, Grassley followed up with both hospitals to ask about the pandemic’s impact on their operations.
Methodist said that this spring, it cut back on elective procedures, causing the number of patients it treated to drop by more than 40%. The pandemic has cost the hospital $28 million that was not made up by state or federal assistance, leading it to furlough some employees and cut back workers’ paid time off, it said.
In an email to Methodist employees Tuesday, Ugwueke captured the human toll of the virus; more than 200 employees were out with COVID-19 or were being referred for testing.
“With staffing shortages and increasing patient volumes contributing to our capacity issues, we need to do our best to keep ourselves healthy so we are able to continue to provide the best possible care for our patients,” he wrote.
“I’ve spoken with a number of you who are working tirelessly on the frontlines day in and day out to care for our patients. ... Your dedication does not go unnoticed. We will get through the hard times because of each of you.”
Lax states are attracting shoppers and students from stricter neighbors — and sending back COVID-19 cases. The imbalance underscores the lack of a national policy.
This article was published on Tuesday, December 1, 2020 in ProPublica.
For months after Washington state imposed one of the earliest and strictest COVID-19 lockdowns in March, Jim Gilliard didn't stray far from his modular home near Waitts Lake, 45 miles north of Spokane.
The retiree was at high risk from the coronavirus, both because of his age, 70, and his medical condition. Several years ago, he had a defibrillator implanted. So he mainly ventured out during the pandemic to shop for food.
There wasn't much else to do anyway. Gatherings in his county were limited to no more than 10 people, there was a mask mandate, movie theaters were closed and many nightclubs and concert venues were shuttered because of a state ban on all live entertainment, indoors and out.
An hour away in Idaho, life was more normal. The state left key COVID-19 regulations up to localities, many of which made masks optional. Even in places that required face coverings, enforcement was laxer than in Washington. High school sports, canceled for the fall in Washington, were on full display in Idaho. Most Idaho schools welcomed back students in person, in contrast to the remote learning prevailing in Washington. Businesses reopened earlier and with fewer restrictions. There were concerts and dances.
Weary of Washington's restrictions, thousands of residents made the easy drive over the border to vacation, shop and dine in Idaho. Gilliard resisted temptation until he learned that the annual Panhandle Bluesfest would go on as scheduled near Priest River, Idaho, on Sept. 12. A keyboardist who used to own a blues club just outside Coeur d'Alene, Idaho, Gilliard was buoyed after months of relative isolation by the prospect of hanging out with friends while listening to music on a remote mountainside surrounded by soaring pine trees and thick hemlocks. He decided to go.
A friend took a picture of Gilliard at the festival. Wearing a bandanna fashioned as a headband, a cut-off T-shirt and dark glasses, he was perched on a tree stump and pointing back at the camera. As was permitted by local regulations at the time, he was not wearing a mask, nor were about 10 people sitting together in the background.
As the number of COVID-19 cases skyrockets nationwide, the extent of the public health response varies from one state — and sometimes one town — to the next. The incongruous approaches and the lack of national standards have created confusion, conflict and a muddled public health message, likely hampering efforts to stop the spread of the virus. The country's top infectious disease expert, Dr. Anthony Fauci, said last month that the country needs "a uniform approach" to fighting the virus instead of a "disjointed" one.
Nowhere are these regulatory disparities more counterproductive and jarring than in the border areas between restrictive and permissive states; for example, between Washington and Idaho, Minnesota and South Dakota, and Illinois and Iowa. In each pairing, one state has imposed tough and sometimes unpopular restrictions on behavior, only to be confounded by a neighbor's leniency. Like factories whose emissions boost asthma rates for miles around, a state's lax public health policies can wreak damage beyond its borders.
"In some ways, the whole country is essentially living with the strategy of the least effective states because states interconnect and one state not doing a good job will continue to spread the virus to other states," said Dr. Ashish Jha, dean of the Brown University School of Public Health. "States can't wall themselves off."
A motorcycle rally in August in Sturgis, South Dakota, with half a million attendees from around the country spread COVID-19 to neighboring Minnesota and beyond, according to Melanie Firestone, an epidemic intelligence service officer for the Centers for Disease Control and Prevention, who co-authored a report on the event's impact.
South Dakota "didn't have policies regarding mask use or event size, and we see that there was an impact in a state that did have such policies," Firestone said. "The findings from this outbreak support having consistent approaches across states. We are all in it together when it comes to stopping the spread of COVID-19."
Viruses don't respect geographic boundaries. While some states require visitors, especially from high-risk areas, to be tested or quarantined, others like South Dakota have no such restrictions. Many people who are tired of strict COVID-19 measures in their states have escaped to areas where everyday life more closely resembles pre-pandemic times. There, with fewer protections, they're at risk of contracting the virus and bringing it back home.
After the Idaho concert, Gilliard started feeling ill and was diagnosed with the coronavirus. For about a week, he stayed in bed. As his condition worsened, he was admitted to a Spokane hospital and placed on a ventilator. He died on Oct. 15. His death certificate lists COVID-19 as the underlying cause.
Going to the Idaho festival likely killed Gilliard, his ex-wife, Robin Ball, said.
"If he had been wearing a mask, not shaking hands and keeping distance, he could probably be alive," she said. "He had been careful before that. He shouldn't have been up there."
The degree of coronavirus regulation tends to track political lines. President-elect Joe Biden carried blue Washington state with 58% of the vote, while President Donald Trump easily won red Idaho with 64%. Trump has helped to fuel the patchwork response to the pandemic, criticizing the approaches of some states, praising others and at times contradicting the advice of his own coronavirus task force and Fauci.
"What really struck me [is] how hard it is to take the pandemic strategy as laid out by the White House with every state on its own and ... implement it because every state is not on its own, they are all interconnected," Jha said.
Biden has said he wants to implement national standards, such as required mask wearing, to help blunt the spread of COVID-19 while acknowledging the federal government has little power to do so. He hopes to work with governors and local officials to establish consistent standards across the country.
A lack of such consistency is affecting eastern Washington, which appears to be absorbing some of the costs — both human and economic — of Idaho's more laissez-faire approach to the virus. The rate of new cases in and around Spokane, near the Idaho border, is far higher than in Seattle and western Washington, which experienced one of the earliest outbreaks in the country in February. Although slightly more than half of recent COVID-19 cases in Spokane spread among households or personal contacts, Spokane Regional Health District epidemiologist Mark Springer said, "people bringing back COVID-19 from larger events in Idaho" has been a problem. And with Idaho's rate of new cases now doubling Washington's, Idahoans who commute to the Spokane area pose an outsized danger. At the same time, Washington's shuttered businesses have ceded customers to their Idaho competitors.
Public schools in Washington have also suffered. After opening the school year with remote-only instruction, the Newport School District lost about one-fourth of its 1,200 students. Most of them opted either for specialized online-only programs or for nearby private and public schools across the border in Idaho, which offered in-person learning and sometimes didn't require masks or social distancing, said Newport Superintendent Dave Smith. The plunge in enrollment has led to a $1.2 million drop in funding, he said.
In early October, Newport began some in-person learning but had to return to remote instruction after a COVID-19 outbreak in the community. The source was traced to a Christian church and school only a few feet from the Washington border in Oldtown, Idaho.
"It's incredibly frustrating," Smith said. "I certainly think aligned standards across the nation would have changed our situation."
Washington Gov. Jay Inslee recently called on "Idaho leaders to show some leadership" and be more aggressive in combating COVID-19. He blamed the virus spread in Idaho for straining Washington hospitals. For their part, some in Idaho have complained that the rise of COVID-19 there has more to do with the influx of Washington residents over the summer and fall than with a lighter regulatory touch.
Many of those Washingtonians headed to Coeur d'Alene (pop. 52,400), the seat of Kootenai County and the largest city in northern Idaho. Despite some cancellations, many tourism activities went on as scheduled. The Spokesman-Review newspaper in Spokane ran a feature headlined, "A nearby escape: Coeur d'Alene Resort offers amenities for singles and families." The resort, the article noted, was offering special packages for families that include a pizza-making experience, scenic cruise tickets and discount theme park tickets. In the resort garage, most of the license plates were from Idaho or Washington.
"Yes, the coronavirus exists," the article continued. "However, the luxe Coeur d'Alene Resort is open and taking steps to make an experience as safe as possible." While employees wore masks, the article said, they were optional for guests and about two-thirds opted not to use them. The resort did not respond to requests for comment.
At a park in downtown Coeur d'Alene, a weekly concert series called Live After 5 attracted crowds all summer. Though attendance was lower than in prior years, it swelled as promoters targeted marketing to tourists, concert organizer Tyler Davis said. At one show in July, a member of the band surveyed the large gathering and said, "Look around you guys, it feels kind of normal tonight." Groups of people danced in front of the stage, food trucks lined up along one side and vendors set up tents. Masks were "encouraged but not required."
The day after that show, the Panhandle Health District encompassing five Idaho counties ordered a mask mandate in Kootenai. It required masks in indoor and outdoor public places when a social distance of 6 feet could not be maintained.
Springer, the epidemiologist, watched the flow of Spokane County residents to Idaho with concern. "The issue with Idaho is a somewhat significant one for us in that the restrictions are a pretty stark contrast between what is in Idaho and what we have in Washington," he said. "Coeur d'Alene is a sister community to us."
Jim Gilliard was a popular figure in the blues music community around Spokane and northern Idaho. In the 1990s, he operated a music club outside Coeur d'Alene called Mad Daddy's Blues. He was a talented musician himself, playing keyboards in local blues bands, even after losing a finger and badly injuring two others in a table saw accident.
Gilliard was raised in New York City and Pennsylvania. His father, E. Thomas Gilliard, was an acclaimed ornithologist who served as curator of birds at the American Museum of Natural History and was often gone for months at a time on expeditions to New Guinea. After Gilliard met Ball, the two headed to Colorado and enjoyed life as ski bums, moving from resort to resort for a couple of years before eventually settling in Coeur d'Alene, and having a son. After they divorced two decades ago, she stayed in Coeur d'Alene and he ended up in the village of Valley, Washington. (pop. 164).
Gilliard was one of nearly 300 people who paid $25 each to attend the blues festival, which was held 2 miles up a mountain road outside Priest River, Idaho, a tourist town 6 miles from the Washington border.
Bonner County, where the concert was held, is a rural pocket of defiance against government public health mandates related to the coronavirus. When the local library instituted a mask requirement for users, mask-less demonstrators, some clutching small children, protested and tried to enter the library as staff members stood their ground and explained they were only trying to prevent people from getting sick. The county sheriff wrote to the governor criticizing lockdown orders early in the pandemic, alleging that public health officials misled the public and that "COVID-19 is nothing like the plague."
Concert organizers Billy and Patty Mullaley said they waited until the end of June before deciding to go ahead with it. The only potential roadblock was getting liability insurance at an affordable price during a pandemic, which they were able to do after shopping around.
"At the time, there were not any restrictions" on events like theirs in Idaho, Patty Mullaley said. "We did not take it lightly, having the event. We really put thought into it." They bleached outhouses and the area around the concert stage offered plenty of space for social distancing, she said. Among those most grateful they went ahead, she said, were musicians who had been starved for gigs because of coronavirus-related cancellations. Featured acts included Sammy Eubanks, Coyote Kings and Tuck Foster and the Tumbling Dice.
Mullaley said the festival drew Washington residents eager for events banned in their own state. "From my experience, everyone and their dog from Washington was over here," she said. "Our COVID is probably from people coming over here from Washington."
Few of the hundreds of people at the festival wore masks and many didn't stay socially distant, according to attendees. "Part of what made it magical was people were completely free and happy and not fearful at all," said Sylvia Soucy, who had COVID-19 earlier in the summer. People danced barefoot on the soft sand and mingled with friends, she said.
Mullaley said people socially distanced "as much as possible." In the end, she said, "these were all adults" who made individual decisions. Soucy agreed. "It was completely a choice all of us made," she said. The remote setting — no cellphone service, no electricity and surrounded by hundreds of acres of undeveloped forest — added to the temporary joy of escaping from the virus, Soucy said.
Soucy said she talked to Gilliard there and he was in good spirits, "glad that people were not worried about being able to get together there on the mountain." Gilliard also chatted with other friends, including a former girlfriend, according to Soucy. Ball said the former girlfriend was diagnosed with COVID-19 shortly after the festival and notified Gilliard.
A photo posted on Facebook of Gilliard at the blues concert in Idaho shortly before he tested positive for COVID-19.
"I don't know why he let his guard down," Ball said. "I will never understand that." In the end, she thinks it had to do with "a long summer of not having a lot of stuff to do. He had been so cautious for those seven or eight months. He just didn't feel like it was going to be a problem."
The Mullaleys said they were unaware of anyone else from the concert getting COVID-19 around that time. But some Washington residents who tested positive for the coronavirus told contact tracers that they had attended the blues festival, according to Matt Schanz, the administrator of Northeast Tri County Health District, a public health agency in Washington covering counties near the Idaho border.
That doesn't definitively mean that they contracted the virus at the festival, he said. "We have 550 cases within three counties, and if you read the summary reports, a decent number of those have some affiliation with Idaho," Schanz said.
South Dakota has largely remained open for business during the pandemic. Gov. Kristi Noem, an ally of Trump's, has refused to impose a mask mandate, saying there are questions about its effectiveness. The state has not placed any restrictions on bars and restaurants and officials allowed the 10-day motorcycle rally in Sturgis. Such a rally would have been prohibited in Minnesota. Both Minnesota and South Dakota are in the top five states when it comes to rates of cases per capita over the last week.
The CDC advises that outdoor events are less risky than indoor ones. The Sturgis rally, which featured events in both settings, is now linked to at least 86 COVID-19 cases in Minnesota, including four people who were hospitalized and one death, according to a CDC report released in November. The report said the total is likely an undercount as some of those infected declined to share their close contacts with health officials.
"These findings highlight the far-reaching effects that gatherings in one area might have on another area," the researchers wrote. They added, "This rally not only had a direct impact on the health of attendees, but also led to subsequent SARS-CoV-2 transmission among household, social, and workplace contacts of rally attendees upon their return to Minnesota."
Mike Kuhle, the mayor of Worthington, Minnesota, said South Dakota's approach to the pandemic "is a source of heartburn for me and sleepless nights." His city is close to both the South Dakota and Iowa borders. In addition to worries about the virus spreading from South Dakota, Kuhle said, "during the lockdown people have gone to Sioux Falls for shopping. It's ugly for our businesses."
A similar dynamic has played out in the Quad Cities area at the border of Illinois and Iowa. There, thousands of people cross bridges over the Mississippi River every day to work, visit family and shop in each state.
Experts who study the way we think and make decisions say that it can be more than politics driving our decision-making this year. The unprecedented nature of the pandemic undermines how we process information and assess risk. Need proof? Look around.
As cases in Iowa began to surge this summer, Gov. Kim Reynolds dismissed mask mandates as "feel-good" measures that are difficult to enforce. Until recently, Iowa restaurants and gyms were allowed to operate at full capacity as long as social distancing measures were in place. There was no state-imposed limit on the size of social gatherings. Nicknamed "COVID Kim" by her critics, Reynolds changed course in mid-November in the face of surging cases and hospitalizations, requiring masks.
Illinois clamped down earlier and harder, instituting a mask mandate at the end of April. Movie theaters opened in Iowa before those in Illinois. Iowa never closed its golf courses when neighboring states like Illinois did.
For Illinois businesses, the gap between the two states' regulations has been crushing, said Paul Rumler, the president of the Quad Cities Chamber.
"A river runs through it but otherwise this is one community," he said. On the Illinois side, "we have retailers and restaurants who want to be responsible corporate citizens and follow the guidelines knowing they are at a disadvantage from a business literally 3 miles away."
Rumler said the chamber advocated for the two states to have a consistent approach to the pandemic to no avail. "If there was a federal standard, it would eliminate the confusion of our region," he said. "It would make our life a lot easier."
Debbie Freiburg, a volunteer contact tracer for the county encompassing the Illinois side of the border, said the looser restrictions in Iowa offered Illinois residents the chance to "take a break" from the virus.
"It's bad and the differences are huge, unfortunately," she said. "I can be in Iowa in 10 minutes, and there were a lot of us going shopping in Iowa."
Freiburg, who retired to the area after working as a pediatric cancer nurse in Washington, D.C., said cases in her Illinois county have been tracked to Iowa, including several from a large wedding at a hotel just over the border.
Tensions between Washington and Idaho over their divergent responses to the pandemic escalated in October. As the count of COVID-19 cases climbed, the board of the Panhandle Health District in Idaho voted 4-3 to rescind the mask order it had imposed on Kootenai County three months before. Officials in Washington were stunned. Inslee, the governor, refused to rule out restrictions on border traffic.
The move by the health board came amid growing resistance in the state to mandatory public health measures to control the virus and skepticism that COVID-19 was even real.
A group of Idaho politicians, including Lt. Gov. Janice McGeachin, appeared in a video in October urging the state to limit restrictions. Sitting in a truck with an American flag draped over the side, McGeachin placed a gun over a Bible. "We recognize that all of us by nature are free and equal and have certain inalienable rights," she said. A legislator in the video said "the pandemic may or may not be occurring."
State Rep. Tony Wisniewski, who represents Kootenai and also appeared in the video, urged the health board to make masks optional. He compared the mask mandate to what he said was a requirement in Nazi Germany to tell authorities if a neighbor was Jewish.
Health board member Allen Banks said he was "deeply suspicious" of tests for COVID-19. In an email to a senator who had criticized the board's mask mandate, he wrote, "I hope you and the legislators who support your effort will continue to stand for truth rather than the fantasy of a phony disease based on a false test."
Board member Walt Kirby, who had voted in July to approve the mask mandate initially, was the deciding vote. He opposed a mandate because people were "pretty damn nasty" to him for supporting it before, he explained. "I am not going to vote for it, I am just not because no one is wearing the damn masks anyway," Kirby said, adding that he wears a mask. As for people who ignore the advice of public health experts, he said, "I am just sitting back and watching them catch it and die and hopefully I will live through it. You know I am 90 years old already and I am not getting involved in it anymore."
Even as the requirement was rescinded, cases in Kootenai were soaring. The rate of hospitalizations in the border area in northern Idaho is nearly double the rate in the Spokane region. Overall, the number of new cases in Idaho per capita is almost twice that of Washington.
With the county mandate overturned, the city of Coeur d'Alene considered in late October whether to adopt one on its own. Mayor Steve Widmyer and the City Council were inundated with hundreds of emails and telephone calls, many from mask opponents.
"This is Idaho, not Washington or California," wrote one resident. "Let the people decide if they wish to mask up or not." Another told the city leaders, "If you want to live with a mask 'muzzle' on your face move to California or Washington."
Ball, Gilliard's ex-wife, urged Widmyer to support a mandate. "People come here so they don't have to wear a mask and fill our bars and businesses while spreading covid," she wrote.
In Coeur d'Alene, the mayor only votes to break a tie among the city councilors. Widmyer, who had complained that city officials "shouldn't have been put into this position," didn't have to vote, because the council approved the mandate 4-2 on Oct. 26. Protesters outside chanted, "No more masks, we will not comply," and the blowback has been swift. A group of residents is pushing to recall the pro-mandate councilors. The mayor did not respond to interview requests.
As states reopen, see if they meet White House guidelines for reopening and whether their COVID-19 infection rate is increasing or not.
While Coeur d'Alene adopted a mandate, nearby Post Falls and Hayden rejected similar proposals. All three cities are less than 20 miles from the Washington border. Idaho Gov. Brad Little has also remained steadfast in opposition to the idea, unlike Iowa's Reynolds. "Idaho's health officials have been mindful of the challenges of mitigating spread of COVID-19 in border communities since the onset of the pandemic," a spokeswoman for Little said in an email. The governor's "priority at this time is mitigating the spread of COVID-19 in Idaho and preserving healthcare capacity for those in need."
For the Panhandle health board, however, the situation became too dire to ignore. On Nov. 19 it reversed itself again and passed a mask mandate for all five of its counties, including Bonner, the site of the blues festival. But county sheriffs have ignored enforcing the mandate or made it a low priority, according to local media.
The move came too late to save Gilliard. "Until everyone in this country can do the same thing, all states on the same page, limit crowd size and mask mandates that are enforced, this is going to happen," said Ball, his ex-wife. "It only makes sense. Because what we have been doing hasn't been working."
David Armstrong is a senior reporter at ProPublica specializing in healthcare investigations. david.armstrong@propublica.org
When someone in the building died, a notice was often taped to a window in the lobby: "WE REGRET TO ANNOUNCE THE PASSING OF OUR FRIEND…." The signs did not say how or where the friend had died, and because they were eventually removed, they could be easy to miss. In March, as these names began to appear more frequently at Bronxwood, an assisted living facility in New York, Varahn Chamblee tried to keep track. Varahn, who had lived at Bronxwood for almost a year, was president of its resident council. Her neighbors admired her poise and quiet confidence. She spoke regularly with management, but as the coronavirus swept through the five-story building, they told her as little about its progress as they told anyone else.
Some residents estimated that 25 people had died — that was the number Varahn had heard — but others thought the toll had to be higher. There was talk that a man on the second floor had been the first to go, followed by a beloved housekeeper. An administrator known as Mr. Stern called in sick. Around the same time, Varahn noticed that the woman who fed the pigeons had also disappeared.
The New York State Department of Health advises adult care facilities to inform residents about confirmed and suspected COVID-19 cases. But inhabitants of Bronxwood said they were kept in the dark. In the absence of official communication, it was difficult to sort out hearsay from fact. "I was told that it was 42 people," said Renee Johnson, who lived on the floor above Varahn. "But honestly we don't know. They are not telling us anything." When for a couple of weeks Renee herself was bedridden — fatigued and wheezing — there were rumors that she, too, had passed away.
Because so many people were missing, and no one knew where they'd gone, life began to feel like a horror film. The dining room, once an outlet for gossip and intrigue, was shuttered and the theater room padlocked. Staff covered the lobby in tape, as if it were the scene of a crime. The library began filling up with the possessions of those who had vanished: their televisions and computers, their walkers and bags of clothes.
It seemed like a good omen when a few residents came back from the hospital grinning, having faced the ordeal and lived to tell about it. "I wouldn't even say to them, 'I thought you were dead,'" Varahn said. "I was just happy to see them." But then she spotted these survivors in the lobby or going out shopping and worried that the sickness would continue to spread.
The virus was taking the worst toll in the Bronx, and Bronxwood sat within the borough's hardest-hit ZIP code, although it would be weeks until anyone would know this. But by April, it was clear that elderly Black and brown people with preexisting health conditions, living in crowded housing in the city's poorest neighborhoods, were among those most susceptible. That many of Bronxwood's residents belonged to this demographic did not escape anyone there.
When Varahn arrived at Bronxwood in the summer of 2019, she was 65 and still worked at two salons. She hadn't been planning to move to an assisted living facility, but she was desperate to find an affordable room. She had been sharing a ground-floor apartment with her 28-year-old son in Allerton, a working-class neighborhood in the Bronx, before her landlady pushed her out to make space for her grandchildren. Friends told Varahn she should have taken the matter to court, and maybe she could have, but she believed that things happened for a reason.
In the brick vastness of the east Bronx, with its towering apartment blocks and modest duplexes, Bronxwood's cream-and-beige exterior stood out. The building was just a 20-minute walk up the street from her old apartment, so she didn't have to worry about missing her clients, her church sisters or the kids she mentored, who called her Mother V. Her benefits covered the $1,270 rent, which included three meals a day and housekeeping. The shared bedrooms — crammed with two twin beds, two stout night tables, two wardrobes and two wooden dressers — were small, but Varahn didn't think she'd spend much time in hers.
On the first floor, which housed the recreation and meeting rooms, there was always something to do. Staff threw holiday parties and monthly birthday celebrations. Visitors came by to help with knitting and coloring and computer lessons. There was Uno, Pokeno and afternoon bingo. On Wednesdays, members of the cooking club prepared Cornish hens, fish and chips, liver with onions. In the afternoon, bands would perform — classical and jazz, calypso and merengue — and some of the singers were quite talented.
Not long after Varahn moved in, she met Glenda King at a Bible study group. Glenda, who is 68 and has lived at Bronxwood for over seven years, wears square transition lenses and tucks her gray hair into a prim, low bun. Dryly self-deprecating, she considers herself an introvert who has the misfortune to live in a building with 270 other people. She makes a point of being friendly, even though she likes to say that she has no true friends.
At first, Glenda found Varahn to be reserved, but she soon realized that what she had mistaken for detachment was simply Varahn's way of taking in her new surroundings. Varahn knew how to draw people out and listen to their problems. She had worked as a beautician since high school, first at flagship boutiques in the city and later for the disco diva Carol Douglas and on the sets of Spike Lee films. Her clients felt comfortable confiding in her, and before long, so did the residents of Bronxwood. "I can go up and talk to her about anything," Glenda told me. "Her forte is humility."
All adult care facilities are legally required to maintain a forum where residents can independently discuss their living conditions, but some resident councils, like Bronxwood's, are more active than others. Although Varahn was new to the building, people encouraged her to run for president. She would bring an unusual amount of political experience to the council: She had previously served as vice chair of the Allerton Barnes Block Association and as president of both the neighborhood merchant's group and a charity society at her church. Under her bed, she stored the plaques from various luncheons that had celebrated her civic advocacy.
After Varahn's victory in the September elections, Glenda, who had worked for many years as a typist, took on the duties of council secretary, and Hurshel Godfrey, another longtime resident, assumed the vice presidency. Every month, the council gathered in the main lobby, which fit about 60 people, some of them perched on their walkers. Varahn, who has a broad, serious face and a sleek bob, dressed for the occasion in crisp two-piece suits with lapels. She worked to cultivate a shared sense of purpose. "I never said I could do something, even if that was true," she said. "I always emphasized that we could do it together."
One of the first things Varahn noticed that fall, as the weather grew colder, was how few residents had proper winter clothes. Some explained that they were stuck indoors because they lacked coats. Old men shuffled around in flip-flops in the rain. In the annual grant application for extra state funding, Varahn secured a bigger clothing allowance — $200 per resident — and a double-oven stove for the communal kitchen. She brought in educational speakers for Veterans Day and Black History Month, and planned field trips to go out dancing and to the casino. "Varahn had a lot of connections," Hurshel said. "I knew a few people, but she knew a lot."
Some of the local politicians Varahn was acquainted with started asking her if she had ever considered running for higher office: The City Council elections were coming up in 2021. In February, she started riding the subway to midtown Manhattan to take a class for first-time candidates. Former campaign managers shared tips on electoral strategy and the best kind of eye contact to make with large crowds. Maybe, she thought, electoral politics was her calling.
At this point, the virus was said to be on the other side of the world. It hadn't yet surfaced in a nursing home in Kirkland, Washington, or in New Rochelle, just a short drive up the road.
Until the 1980s, elderly Americans with medical needs had limited options: They could age at home with family or aides, or they could "park and die," as the saying went, at a nursing home. Assisted living facilities emerged as a third way, rejecting the clinical strictures of a medical institution in favor of a more informal, dormlike setting.
In the last four decades, demand for assisted living has soared. The paradigm promises residents the freedom to live autonomously — and operators freedom from regulation. Unlike nursing homes, assisted living facilities are not subject to federal oversight. The standards for care — along with the definition of "assisted living" — vary greatly from state to state (and from facility to facility).
During the pandemic, these freedoms have become liabilities. "If infection control was limited and regulation was already ineffective in nursing homes, it's almost nonexistent in assisted living," said David Grabowski, a professor of healthcare policy at Harvard Medical School who studies long-term care for older adults. "It's all the problems we are talking about with nursing homes, but even more so. There's less regulation, far less staffing and many of the residents are just as sick." The population in assisted living often closely resembles that of nursing homes, yet there are no requirements that the former provide full-time medical staff. In New York, according to government data, half of those in assisted living are over 85, two-thirds need help bathing and a third have Alzheimer's or some other form of dementia.
At Bronxwood, the state's third-largest adult care facility, residents said that employees initially lacked protective gear as they cleaned dozens of rooms. As in other homes in the city at the start of the outbreak, shared bathrooms and group meals made it difficult to isolate. And because it is not a medical institution, residents continued to enter and leave the building as they'd always done. (Neither Bronxwood nor Daniel Stern, an administrator, responded to repeated requests for comment.)
Less than 1% of Americans reside in long-term care facilities — a category that includes nursing homes and assisted living residences — but these facilities account for around 40% of the country's COVID-19 deaths. Researchers caution that this figure represents an undercount. Many states do not publish this data, or do so incompletely, and fewer than half of all states report cases in assisted living facilities, according to research by the Kaiser Family Foundation. "As a result," the analysis said, "it is difficult to know the extent to which residents and staff at assisted living facilities have been affected by COVID-19 or the extent to which interventions are urgently needed."
The way that New York counts deaths has been controversial from the start. That's because the state's Health Department will not attribute a death to a residential healthcare facility unless the death occurs on the premises. The unusual policy has baffled residents and their family members, along with lawmakers and healthcare experts. "This is a really big hole in New York state data," Grabowski said. "If someone lives for a long time in a nursing home, it makes no sense that their death is then attributed to the hospital rather than the nursing home." Without a proper count of cases and deaths, advocates argue, officials cannot direct scrutiny or resources to afflicted homes.
For more than two hours at a hearing in August, legislators repeatedly pressed the state health commissioner, Dr. Howard Zucker, for the number of deaths that could be traced back to residential healthcare facilities. His answers did not satisfy his interrogators. "It seems, sir, that in this case you are choosing to define it differently so you can look better," said Gustavo Rivera, the state Senate Health Committee chairman, whose district includes part of the Bronx. "And that's a problem."
Gov. Andrew Cuomo has boasted about the relatively low death toll in the state's nursing homes, despite the fact that no other state counts these deaths as New York does. As of mid-November, there have been more than 6,619 virus-related deaths within the state's nursing homes and 179 in its adult care facilities, according to official data. Bronxwood, however, has never appeared in that tally.
"The public list is incomplete and misleading," said Geoff Lieberman, the executive director of the Coalition of Institutionalized Aged and Disabled, an organization that advocates on behalf of adult home residents in New York City. "Either everyone at Bronxwood died at the hospital, or the information isn't being accurately reported." Before the August hearing, Lieberman and his colleagues at CIAD interviewed residents at 28 adult homes in New York City, including Bronxwood, and tallied around 250 deaths from their accounts — a stark contrast to the 53 deaths that facilities had self-reported to the state. Bronxwood employees likewise sounded the alarm: In April, six staff members told local news that by their count more than a dozen residents had died.
Residents played detective, too. In May, when the U.S. death toll hit 100,000, Renee Johnson tried to match the names she saw in the newspaper to those of her missing neighbors. "We lost a lot of friends," she said. "And you're scared — you're really scared — because you don't know if you're next."
Jonah Bruno, a spokesman for the Department of Health, defended New York's approach to counting COVID-19 deaths in residential healthcare settings. "The Department goes to great lengths to ensure the accuracy and consistency in our data reporting," he wrote in an email. Bruno did not disclose how many residents died in the hospital after falling ill at Bronxwood, but he noted that the facility passed an infection control survey in May. "Since the start of this pandemic," he added, "we have made protecting the most vulnerable New Yorkers, including those in adult care facilities, our top priority."
Slowly and then all at once, everything that had made Bronxwood bearable was taken away. Residents were discouraged from seeing one another, going outside or congregating in common areas. Visitors were banned. Whenever people lingered downstairs or smoked out on the patio, staff ushered them back to their rooms.
Varahn hung posters in the lobby to try to boost morale. The first gave the administration and staff five hand-drawn stars and thanked them "for caring during COVID-19." "WE ARE ALL IN THIS TOGETHER," read the second, on which she had colored an American flag. Some residents thought their president was doing the best she could, given the circumstances. Others were offended. They didn't want to thank anyone: They were miserable.
Deborah Berger, who lives on the fourth floor, likened the new regime to living in a giant day care center. Glenda said she felt like a puppy in a doghouse. Renee compared it to jail.
The analogies were ready at hand, but what was harder to express was how little trust they had in the institution tasked with protecting them. "Nobody is talking to us," Renee said. "The staff just say: 'Go to your room. Go to your room.' There's no feelings. There's no nothing."
Glenda washed her hands until she felt as if they were going to fall off. She wiped everything down with bleach — door handles, dresser, windowsill. She had a weak left lung, and she was terrified. "If I get one hit of that coronavirus," she liked to say, "I'm not going to make it." When her legs got stiff from sitting, she paced up and down her cappuccino-colored hallway, about the length of a city block. Other times, wearing a surgical mask, she wheeled her walker downstairs, though the state of affairs there could be disappointing. A lot of residents didn't wear masks. They huddled around the TV and crowded in the elevator. People were getting complacent. "Not me," Glenda said.
The council had suspended its meetings, but toward the end of April, several residents approached Varahn to report that Bronxwood was not giving them their stimulus checks. In fact, complaints about missing or partial stimulus checks were so widespread throughout the city's facilities that the state issued a guidance: Residents' money belonged to residents. Varahn convened an impromptu meeting with the council's leadership in the stairwell — the only somewhat quiet place in the building — to strategize about what to do.
Hurshel, the vice president, was planning to ask about his check. "Don't ask," Varahn coached him. "Say, 'I came here to get my money and I'll cash it myself.'" Glenda noted that people with dementia might not remember the existence of the checks in the first place, so she knocked on doors to remind them.
Part of Varahn's role as president was to relay these and other concerns to Mr. Stern. They had an easy, playful rapport. Sometimes, he asked what an intelligent woman like her was doing living in a place like this. The question flattered her, but it also unsettled her, as if she wasn't wanted or didn't belong.
People talked about leaving Bronxwood almost as soon as they arrived, but the truth was that they were there because they had nowhere else to go. The elderly are typically steered to places like Bronxwood after a stay in the hospital. They have taken a fall or needed a surgery, and while they're recovering, lose their apartment. Others, like Glenda, are recommended by a caseworker at a shelter. It's not uncommon for such homes to hire recruiters to help fill their beds.
While many assisted living facilities cater to a wealthy clientele, who pay out of pocket, Bronxwood primarily serves low-income seniors. (It is, technically speaking, an adult home with an assisted living program.) Most residents sign over their supplemental security income to pay for the room and board — and out of that sum the facility gives them a $207 "personal needs allowance" each month. The money runs out quickly, since it often goes toward phone bills, toiletries, transportation and more nutritious food.
Out of Bronxwood's 270 or so residents, more than half are enrolled in its assisted living program, whose costs are covered by Medicaid. In theory, the program offers an extra level of care to those who need it. In practice, it functions as a "huge financial boon" to the adult home industry, said Tanya Kessler, a senior staff attorney with Mobilization for Justice, a legal services organization. Bronxwood can charge Medicaid between $78 and $154 per enrolled resident each day, depending on his or her needs. But Kessler said there's little oversight into whether this additional funding results in additional care. Bruno, the spokesman, said that the Health Department conducts regular inspections of assisted living programs "to ensure all applicable laws, regulations and guidelines are being followed."
Healthier residents at Bronxwood told me that they seemed to be roomed with those who were more infirm, effectively placing them in the role of an extra aide. "One of the big complaints we hear is, 'I'm not well myself, but they put this person in here that they expect me to look after,'" said Sherletta McCaskill, who, as the training director of CIAD, helps adult home residents organize councils and independent living classes. "It speaks to the lack of services that these homes are providing." The most recent audit by New York's Office of the Medicaid Inspector General found that Bronxwood had overbilled Medicaid by $4.4 million in 2006 and 2007. (Bronxwood requested an administrative hearing to challenge the findings, according to an OMIG spokesperson; the date is pending.)
In the pandemic, everyone's escape plans, loudly discussed yet endlessly deferred, took on a new urgency. Residents told Varahn that they were joining the city's long wait list for subsidized senior housing, or that a son or daughter was coming to rescue them. Faye Washington, who was 68 and lived down the hall from Glenda, tried to compile a list of senior housing options in the Bronx. "You know why I want to get out?" Faye said. "Because when all those people passed away, it killed me."
Faye told Glenda, "I'm taking you with me." But Glenda was not in any hurry. It was safer, she felt, to be where an aide could hear if she called for help. She had heart problems, anxiety, memory loss and chronic fatigue. Her family had asked her to stay with them, but she did not want to babysit relatives. As she saw it, if God had wished her to have more children, he would have let her keep getting her period.
Varahn's family urged her to leave as soon as possible, even if it meant losing a month of rent. But where would she go? Varahn wondered. And then what would she do? The lady who lived across the hall had gone to see her daughter in Georgia, and now she was stuck there while all her things were here.
As the lockdown dragged on, Varahn felt herself sliding into a depression. Before March, she was always out with a client or at some community meeting. Now she was eating three meals a day on a rectangular folding table at the edge of her bed. She was gaining weight from staying inside. Her feet were swollen. Her back hurt.
She started taking walks, sometimes just a few blocks, to relieve the pain. The soccer field across the street, where kids played on Saturdays, was empty. Many of the stores on White Plains Road, Boston Road and Allerton Avenue, including the salons, were closed until further notice, and some days it felt like the entire world was at a standstill.
It wasn't just the forced isolation that discouraged her. Everything was happening on some sort of screen, and the tedious video engagements and text messages often left her frustrated. In her class for first-time campaigners, which had migrated to Zoom, the connection was always faltering, making it difficult to understand what anyone was trying to say.
At other times, she wasn't isolated enough. Her roommate rose at dawn and sold loose cigarettes throughout the day. People were always stopping by. Whenever Varahn was on a call or at a virtual meeting, the roommate muttered under her breath or cursed sarcastically. Once, the noise was so disruptive to the class that the instructor told Varahn to mute herself, which she found humiliating. What would have been merely an inconvenient pairing in normal times had under quarantine become an oppressively intimate arrangement. There was also the problem of Varahn's older sister, Childris, whose heart was starting to fail. The grief put a constant pressure on her days. All this made it hard to concentrate, and she soon fell behind on her studies. So many things about her path to the City Council were uncertain now anyway. Was a person of her age expected to knock on doors? Would she have to campaign through a computer screen?
Varahn began searching for a way to reclaim her freedom. She asked Mr. Stern for a room of her own. As far as she could tell, there was plenty of space in the building. A private accommodation could double as a little office for the council, she reasoned — somewhere that residents could feel comfortable speaking to her. But management never acted on her request. Victoria Kelley, a former jazz singer who had lived at Bronxwood for three years, suspected that Varahn's battle for the clothing allowance had turned administrators against her. Such retaliation is not unheard of, according to advocates who work with residents at adult care facilities. "If you don't have someone on the council to fight for you, nothing gets done, but Varahn did fight," Victoria told me. "Some of the naysayers got jealous."
With the arrival of spring, a different approach revealed itself to Varahn. First she rented a car, so she could get around more easily. Bright flowers fringed the patio, and slender trees cast ragged patches of shade on the sidewalk. Her errands had been piling up, too. She needed to buy cases of bottled water, pick up her son's stimulus check from her ex-landlord, haul her sheets to the laundromat after her roommate got bedbugs.
Then she started driving for the pleasure of it, humming along to power ballads on Christian radio and chatting on the phone with friends. She found herself going through the boxes in her U-Haul storage unit, making a mental inventory of all the things she didn't have space for at Bronxwood, like her slow cooker, her turkey roaster, her Ashley Stewart outfits, her dance costumes. One weekend, a few FOR SALE signs caught her attention. That was when she realized what was happening: She wanted out.
It was a complicated undertaking. Most apartments were too expensive, which is why she hadn't been able to get one in time last year. And even if she was lucky enough to find something affordable, she would have to keep working — perhaps, if salons weren't allowed to reopen, somewhere that wasn't a salon. Then again, she didn't want any of the residents to feel that she was leaving them behind.
One morning toward the end of July, Glenda's cellphone rang. The sound surprised her, because she had stopped paying the bill. When Glenda called the number back from the room's landline, it turned out to be Varahn, who announced that she was moving out the next day and promised to stop by in September "to pass the torch." Glenda told Varahn she was happy for her, and she was. But she wished her friend had let her know sooner. Hurshel, the vice president, was unable to step in, because he, too, had just left. After five years on the city waitlist for affordable housing, he'd finally landed a new spot. It was less than a block away from Bronxwood. "You have to get out of there," he warned his old friends.
That same week, Bronxwood laid off employees without warning, apparently because of the declining number of residents. There was no longer an aide for the fourth floor, according to three people who lived there, and there was no one to speak up about it. "I feel stripped naked, like we're getting ready for the slaughterhouse," Glenda said the next day. We were sitting down the street, and as staff trailed out of the building at the end of the afternoon shift — a long procession of teal and navy scrubs — some of them were wiping away tears. "Right now, the administration can say anything goes."
Glenda knew she did not want to serve as president, even in an interim capacity, and asked Renee, a former president, what to do. Renee was telling everyone who had asked her this question the same thing: She didn't have a clue. "We're so lost right now," Renee said to me in August. Her bingo crew had dwindled from more than 15 players to fewer than 10. She was pessimistic about the prospects for a socially distanced election: "We don't even know who is dead or alive."
Varahn had implied to Glenda that she was staying in the Bronx. In reality, she was moving to suburban Maryland. She had signed the lease for a one-bedroom apartment in a senior living community just a short drive away from her daughter's house. It was everything that Bronxwood was not: serene and quiet, lush with greenery.
She had told Glenda only half of the story because she couldn't quite believe her good fortune. "I feel so sorry because some of them are waiting there thinking that they will someday get an apartment," Varahn said. "If it wasn't for my associations" — the support from her family, her earnings from the salon — "I would be stuck there, too."
Her family was relieved about her departure, but Varahn remained uneasy. With a room of her own, she thought, or even a different roommate, she probably would have stayed. As it was, the likely return of the virus in the winter frightened her.
When she packed up her belongings, she felt as if she were packing up the future she had once imagined for herself. "By now, I would have been running for City Council, if this virus didn't happen," she said. "So I'm saying to myself, well, you know, that wasn't in God's plan." Though she kept her move a secret, one resident spotted her carrying boxes in the hallway and asked her, "Are you just going to leave us like that?" It was the same question she had been asking herself for months.
In a handwritten letter Varahn gave to Bronxwood's administrators before she left, she expressed her desire to remain president from afar until it was safe to hold an election. She had planned to retire there, the letter said, yet it was impossible to do so under the current circumstances. She expected Mr. Stern, or at least his secretary, to call to offer his regrets, but she never got a response. It made her feel as though nothing she had done at Bronxwood mattered — as though she had never lived there at all.
Ava Kofman reports on technology. To send Ava tips, email ava.kofman@propublica.org, or text 347-410-0113.
The Trump administration is rushing to approve dozens of eleventh-hour policy changes. Among them: The Justice Department is fast-tracking a rule that could reintroduce firing squads and electrocutions to federal executions.
This article was published on Wednesday, November 25, 2020 in ProPublica.
Six days after President Donald Trump lost his bid for reelection, the U.S. Department of Agriculture notified food safety groups that it was proposing a regulatory change to speed up chicken factory processing lines, a change that would allow companies to sell more birds. An earlier USDA effort had broken down on concerns that it could lead to more worker injuries and make it harder to stop germs like salmonella.
Ordinarily, a change like this would take about two years to go through the cumbersome legal process of making new federal regulations. But the timing has alarmed food and worker safety advocates, who suspect the Trump administration wants to rush through this rule in its waning days.
Even as Trump and his allies officially refuse to concede the Nov. 3 election, the White House and federal agencies are hurrying to finish dozens of regulatory changes before Joe Biden is inaugurated on Jan. 20. The rules range from long-simmering administration priorities to last-minute scrambles and affect everything from creature comforts like showerheads and clothes washers to life-or-death issues like federal executions and international refugees.
Every administration does some version of last-minute rule-making, known as midnight regulations, especially with a change in parties. It’s too soon to say how the Trump administration’s tally will stack up against predecessors. But these final weeks are solidifying conservative policy objectives that will make it harder for the Biden administration to advance its own agenda, according to people who track rules developed by federal agencies.
“The bottom line is the Trump administration is trying to get things published in the Federal Register, leaving the next administration to sort out the mess,” said Matthew Kent, who tracks regulatory policy for left-leaning advocacy group Public Citizen. “There are some real roadblocks to Biden being able to wave a magic wand on these.”
In some instances the Trump administration is using shortcuts to get more rules across the finish line, such as taking less time to accept and review public feedback. It’s a risky move. On the one hand, officials want to finalize rules so that the next administration won’t be able to change them without going through the process all over again. On the other, slapdash rules may contain errors, making them more vulnerable to getting struck down in court.
The Trump administration is on pace to finalize 36 major rules in its final three months, similar to the 35 to 40 notched by the previous four presidents, according to Daniel Perez, a policy analyst at the George Washington University Regulatory Studies Center. In 2017, Republican lawmakers struck down more than a dozen Obama-era rules using a fast-track mechanism called the Congressional Review Act. That weapon may be less available for Democrats to overturn Trump’s midnight regulations if Republicans keep control of the Senate, which will be determined by two Georgia runoffs. Still, a few GOP defections could be enough to kill a rule with a simple majority.
“This White House is not likely to be stopping things and saying on principle elections have consequences, let’s respect the voters’ decision and not rush things through to tie the next guys’ hands,” said Susan Dudley, who led the Office of Information and Regulatory Affairs in the Office of Management and Budget at the end of the George W. Bush administration. “One concern is the rules are rushed so they didn’t have adequate analysis or public comment, and that’s what we’re seeing.”
The Trump White House didn’t respond to requests for comment on which regulations it’s aiming to finish before Biden’s inauguration. The Biden transition team also didn’t respond to questions about which of Trump’s parting salvos the new president would prioritize undoing.
Many of the last-minute changes would add to the heap of changes throughout the Trump administration to pare back Obama-era rules and loosen environmental and consumer protections, all in the name of shrinking the government’s role in the economy. “Our proposal today greatly furthers the Trump administration’s regulatory reform efforts, which together have already amounted to the most aggressive effort to reform federal regulations of any administration,” Brian Harrison, the chief of staff for the Department of Health and Human Services, said on a conference call with reporters the day after the election. Harrison was unveiling a new proposal to automatically purge regulations that are more than 10 years old unless the agency decides to keep them.
For that proposal to become finalized before Jan. 20 would be an exceptionally fast turnaround. But Harrison left no doubt about that goal. “The reason we’re doing this now is because,” he said, “we at the department are trying to go as fast as we can in hopes of finalizing the rule before the end of the first term.”
Easier to Pollute, Harder to Immigrate
One proposal has raced through the process with little notice but unusual speed — and deadly consequences. This rule could reintroduce firing squads and electrocutions for federal executions, giving the government more options for administering capital punishment as drugs used in lethal injections become unavailable. The Justice Department surfaced the proposal in August and accepted public comments for only 30 days, instead of the usual 60. The rule cleared White House review on Nov. 6, meaning it could be finalized any day. The Justice Department didn’t respond to a request for comment.
Once finalized, this rule might never be put into practice. The Trump administration executed a federal prisoner in Indiana on Nov. 19 and plans five more executions before Jan. 20, all with lethal injections. After that, Biden has signaled he won’t allow any federal executions and will push to eliminate capital punishment for federal crimes.
Other less dramatic-sounding rules could prove harder to unravel and have broader consequences. In particular, the Environmental Protection Agency is on the cusp of finalizing several rules that would make it harder to justify pollution restrictions or lock in soot levels for at least five years. The agency wants to keep the soot standard unchanged over the objections of independent scientific advisers and despite emerging evidence that links particulate pollution to additional coronavirus deaths.
An EPA spokesman declined to comment on the timing of these rules. “EPA continues to advance this administration’s commitment to meaningful environmental progress while moving forward with our regulatory reform agenda,” the spokesman, James Hewitt, said.
While those rules have developed over years, others were launched later and officials are taking shortcuts to finish in time. Reviews by the White House’s Office of Information and Regulatory Affairs that normally take 90 days or more are now wrapping up in as few as five days.
The White House is close to completing severalrules that would extend Trump’s record of restricting immigration and make the changes harder for the Biden administration to reverse. The pending rules would make it more difficult to claim asylum by excluding people with criminal convictions (even those that have been expunged), drastically shortening the application time and giving immigration judges more latitude to pick and choose what evidence to consider. The departments of Justice and Homeland Security didn’t respond to requests for comment.
Some rules read like Trump’s stump speeches translated into policy legalese. The Department of Energy is racing to loosen efficiency standards for showerheads and laundry machines, evoking Trump’s recurringbits about bathroomwater pressure. “Do you ever get under a shower and no water comes out?” Trump said at an October rally in Nevada. “And me, I want that hair to be so beautiful.”
Notably, the trade group representing washer manufacturers actually opposes the administration’s proposal, saying it’s unnecessary because many machines already have short-cycle options. The proposed rule is supported by small-government advocates such as the Competitive Enterprise Institute. Water and electric companies warn it could lead to higher consumption and waste. The Energy Department didn’t respond to a request for comment.
The administration is also bucking business groups with proposals to restrict high-skilled immigration; in October, the departments of Homeland Security and Labor unveiled regulations to raise wage and education requirements for H-1B visas, which are often used in the information-technology industry. (The proposal drew opposition from theSmall Business Administration, saying the higher costs would stifle innovation and growth.) But while raising the wage scale for skilled immigrants, the administration is pushing a different new rule to lower wages for “low-skilled” immigrant farmworkers. A spokesperson for U.S. Citizenship and Immigration Services (part of DHS) told ProPublica that “Any delay in responding to an economic emergency and high unemployment in a way that protects American workers and ensures the H-1B program is administered consistent with statutory requirements could cause real harm to the U.S. economy.” The Department of Labor didn’t respond to requests for comment.
Other rules are more clearly accommodating powerful business interests. A rule completed on Nov. 13 would restrict pension managers from considering social and environmental impacts (known in the industry as ESG) when choosing investments. Another Labor Department rule would make it easier for companies like Uber to withhold benefits by classifying workers as independent contractors instead of full employees. Both proposals had a truncated public comment period of only 30 days. A spokesman said the agency considers all comments regardless of how long the period lasts and that the department is working to complete all regulations on its agenda.
Chicken Plants on the Fast Track
Such shortcuts still might not be enough to finish some new rules that are just starting out now. Still, these tactics have raised alarms about the USDA’s proposal to speed up chicken factories, even though a regulatory change like that would ordinarily take two years or more. The USDA has not provided a timeline, and the proposal is not yet public while the White House reviews it. An agency spokesman said the department is following the standard process.
The rules change has the support of the National Chicken Council, an industry trade group, which argues that the timing is not political. Spokesman Tom Super called the proposal “the most deliberative and studied proposed rule that has ever been issued. It spans three decades, four administrations — Republican and Democrat — countless scientific studies and various court cases.”
The USDA has been laying the groundwork for the rule change for years. Even though safety concerns scuttled the USDA’s previous attempt to raise speeds from 140 birds per minute to 175, in 2018 the agency started granting one-off waivers to individual plants that sought permission to run faster.
The performance of those plants could equip the USDA to argue that the speed limit should go up in all of them. Although the agency has not yet released its formal justification for the new proposal, officials have referenced a new study in the journal Poultry Science that concluded that inspectors in plants with faster speeds did not detect higher average levels of salmonella contamination.
The USDA funded the study through a no-bid contract worth up to $500,000 awarded in 2018 to Louis Anthony “Tony” Cox Jr., a statistician who consults for business interests such as the American Petroleum Institute and the American Chemistry Council, according to the Center for Investigative Reporting.
Cox declined to share data he secured exclusively from the USDA or to be interviewed for this article. In emailed answers to written questions, he defended his methodology but acknowledged there’s room for further study.
Other evidence, however, suggests faster speeds could make chicken less safe to eat. In a September article in the journal Frontiers in Veterinary Science, USDA researcher Jeremy Marchant-Forde and a co-author found that USDA inspectors threw out record-low amounts of chicken when the agency let more plants speed up since May. The authors called this “a major threat to public health” to the extent it suggests inspectors were failing to find contaminated carcasses (rather than the birds having suddenly become much cleaner). But the authors cautioned they’re not food safety experts and declined to comment further.
While the food safety issues are debated, there’s already clearevidence that running faster lines poses higher worker risks, both repetitive strain injuries like carpal tunnel and traumatic injuries like cuts and amputations. But the USDA maintains that it is responsible only for food safety; worker safety is the job of the Occupational Safety and Health Administration.
That’s exactly the kind of interagency dialogue that the White House is supposed to coordinate when planning new regulations — and the kind of process that could be shortchanged in the final months of an administration, according to the American Public Health Association’s Occupational Health and Safety Section. An OSHA spokeswoman declined to say whether the agency has weighed in on the USDA’s proposal. The National Institute for Occupational Safety and Health, part of the Centers for Disease Control and Prevention, has not yet commented on the proposal but plans to, a spokeswoman said.
“This last-minute push for an ill-advised rule change could be deadly for essential workers in slaughterhouses,” said Jessica Martinez, co-executive director of the National Council for Occupational Safety and Health, an advocacy group for safer working conditions.
Leasing Against the Clock
Since many finalized Trump rules are currently under court challenges, the Biden administration might be able to let some of them wither or die in litigation — especially where judges have blocked or struck down the regulations and the new Justice Department could decide not to appeal.
It will also have to wrestle with other changes the Trump administration is rushing to implement, using tactics other than rule-making.
The Trump administration is also pressing ahead with opening up more federal lands to oil and gas development, despite low prices, sluggish demand and complaints from environmental groups that drilling would encroach on wildlife habitats and national parks. Bids are starting at just $2 an acre for more than 445,000 acres of public land with leases for sale to energy companies through the Bureau of Land Management, according to data from EnergyNet.com.
The leases could expand dramatically as the BLM finalizes a plan to allow oil and gas drilling on an additional 6.8 million acres of the National Petroleum Reserve in Alaska, a habitat for bears, musk oxen, caribou and birds. Spokespeople for the BLM didn’t respond to a request for comment.
Separately, the Interior Department will open up drilling in the Arctic National Wildlife Refuge. The agency is spending 30 days asking companies for bids, and then sales need another 30 days to take effect — just enough time to beat the clock before the inauguration.
An Interior Department spokesman said the agency is taking “a significant step” to implement Congress’ direction in the 2017 Republican tax bill to start drilling in ANWR. “The department will continue to implement President Trump’s agenda to create more American jobs, protect the safety of American workers, support domestic energy production and conserve our environment,” the spokesman, Conner Swanson, said. He didn’t say whether the leases would be done by Jan. 20.
Leases that have not yet been issued would be easier for the Biden administration to drop, but even finalized leases could be withdrawn if officials decide they were improperly issued or too environmentally dangerous, according to Erik Grafe, an attorney with Earthjustice in Anchorage. (Leaseholders might argue they deserve to be compensated.)
In addition, even once leases are issued, companies need permits and authorizations before actually taking action on the ground, Grafe said. Those steps would take more time and face legal challenges. Earthjustice and other groups are already suing to block the Arctic drilling program as a whole.
“We have been protecting this place forever,” said Bernadette Demientieff, executive director of the Gwich’in steering committee representing indigenous hunting communities in northeast Alaska. “This fight is far from over, and we will do whatever it takes to defend our sacred homelands.”
Eleven states let school districts decide whether students and staff must wear masks. One Georgia middle school where masks were optional became the center of an outbreak.
This article was published on Monday, November 23, 2020 in ProPublica.
On a balmy August morning in Emanuel County in eastern Georgia, hundreds of children bounded off freshly cleaned school buses and out of their parents’ cars. They were greeted by the principal, teachers and staff at Swainsboro Middle School who hadn’t seen them in four months. Before allowing the children to enter, a longtime receptionist beamed a temperature gun at their foreheads and checked for violations of the public school’s strict dress code: mostly neutral colors, nothing tight and no shoulders exposed.
Masks were optional, and about half of the children wore them. So did the receptionist, but only sporadically, according to several teachers.
Within a couple of days, the receptionist was out sick. Another receptionist called in sick as well. Both had caught the coronavirus, according to social media posts. In the ensuing weeks, a wave of cases would rush through the building — an outbreak for which district leaders blamed the community rather than the lack of a mask mandate in the schools. At least nine middle school teachers would be infected, including four along a single hallway; one would spend four weeks on a ventilator, fighting for her life. More than 100 students were quarantined because of positive cases or exposure. Within the first two months of school, the county would have one of the highest proportions of school-age COVID-19 cases in the state.
“Not everything that could have been done or should have been done was being done in the school system to stop the spread,” said Dr. Cedric Porter, a local physician who pushed in vain for a mask requirement. “Everybody seemed to be intent on keeping it secret that there was a serious problem.”
When another school district in Georgia 200 miles northwest of Emanuel went back to school in early September, the rules and results were far different. The city of Marietta required masks, with even pre-kindergarteners donning them inside school buildings. It trained its own contact tracers. During its first month of classes, it reported no school-related transmissions of COVID-19.
The divide between Emanuel and Marietta reflects a national split over how far the government should go in imposing public health measures to combat the coronavirus. As COVID-19 cases skyrocket, political leaders have struggled to balance concerns about individual freedom and harm to the economy with the imperative of curbing the virus’s spread.
Nowhere does this gulf seem wider than in the debate over whether to require students and school staff to wear masks. While Dr. Anthony Fauci and other health experts have overwhelmingly promoted masks as an effective, research-backed tactic — and one that works best only if everybody participates — some policymakers have maintained that whether to wear them should remain a personal choice. President Donald Trump has opposed mask mandates, as have many Republican legislators.
The result is a patchwork of safety protocols colored by political views. Although several states in the past weeks have belatedly mandated masks, 11, including Georgia, don’t require students to cover their noses and mouths — even when gathered indoors, in small classrooms or in close contact during sporting events, ProPublica found. The states left the matter to local districts. Schools in only about a third of Georgia’s counties require masks.
No other precaution short of closing schools — a drastic measure that can set children back academically and developmentally, and deprive them of free meals and health care — is likely to be as effective as a mask mandate, experts say. Allowing staff and students to forgo them contradicts guidance from the Centers for Disease Control and Prevention on reopenings.
“Masks are the most essential of all, especially because social distancing, quite frankly, is a challenge in most schools,” said Dr. Dimitri Christakis, director of the Center for Child Health, Behavior and Development at Seattle Children’s Hospital and the editor in chief of JAMA Pediatrics.
“The bare minimum for the protection of kids and teachers needs to be universal masking and some increased ventilation,” said Dr. Joshua Barocas, an assistant professor at Boston University School of Medicine and an infectious diseases physician at Boston Medical Center. “If you can’t do that, you have no business being open.”
An emerging body of research has shown that younger children in primary schools typically experience mild or no symptoms of the virus and are less likely to transmit it. However, older children, particularly those in middle and high school, appear to have higher transmission rates, CDC researchers found in early October. The incidence among children ages 12 to 17 was about twice that of kids 5 to 11.
“Young persons might be playing an increasingly important role in community transmission,” the researchers warned.
In Georgia, the divide over masks sent school districts such as Emanuel and Marietta on two distinct trajectories this fall, data suggests. Children tended to make up a smaller proportion of total COVID-19 cases in counties with mask mandates in schools, a ProPublica examination of reopenings in Georgia revealed. Conversely, in counties that did not require masks in the classroom, children tended to make up a larger proportion of cases.
Overall, in Georgia counties where school-age children represented less than 6% of all coronavirus cases, roughly 80% of school districts required masks. In counties where children made up 10% or more of cases, 80% of districts did not mandate masks.
To be sure, in counties where they make up larger proportions of virus cases, children may be more likely to interact without masks outside school, in homes, playgrounds and other spots. But the findings suggest that a community’s attitude toward face coverings — as reflected in its school policies — plays an important role in transmission.
“If what you’re really showing is the places where they wore masks are doing better, that’s really the bottom line,” said Dr. Benjamin Linas, an associate professor of infectious diseases at Boston University School of Medicine. “Whether it’s specifically masks in schools or not is almost just like an academic question.”
As Georgia schools began reopening this past summer, they received mixed signals on whether to require masks. In phone calls with school superintendents, public health officials advocated mask wearing. But Gov. Brian Kemp refused to mandate their use in schools, or anywhere else, even suing the city of Atlanta to prevent it from requiring masks. (He later dropped the suit and has encouraged Georgians to wear masks.)
The Georgia superintendent of schools, Richard Woods, said through a spokesman that he lacks authority to mandate masks. He “has publicly encouraged mask wearing, has modeled that in school visits and public meetings, and specifically let districts know it can be addressed through updated dress codes,” the spokesman said. “He continues to encourage any mitigation efforts to decrease the spread, while allowing local districts to do what they think is best for their communities.”
Teachers’ groups favor a statewide requirement. “The more conservative counties are the counties that are [saying], ‘We’re going to be in school five days face-to-face, no masks are required,’” said Lisa Morgan, president of the Georgia Association of Educators, a professional association that sued the state in early October over COVID-19 safety (the lawsuit is pending). Political views, she said, are “making it very hard for students and educators to be safe.”
In the absence of a mask mandate, the Georgia Department of Public Health recorded 441 outbreaks of coronavirus tied to K-12 schools through Nov. 14. The department, which defines an outbreak as more than the expected number of cases in one place within a two-week period, would not say how many cases those outbreaks included or where they occurred.
Comparing school outbreaks between states is difficult because public health departments count and categorize cases differently. But in Illinois, a more populous state that does require masks in schools, the Public Health Department reported 10 outbreaks in schools during the 30 days ending Nov. 6. Illinois defines an outbreak as five or more cases where people from different households may have shared exposure on school grounds. And three weeks after the October reopening of schools in New York City, the nation’s largest district, which requires masks, only 20 staff members and eight students tested positive out of more than 16,000 tests. (New York shut down schools last week and returned to all-remote learning as the rate of positive tests in the city rose.)
There’s no available tally of school teachers or staff in Georgia who have died of COVID-19, but ProPublica was able to identify one such death.
Julie Carter was an employee of Appling County school district, which does not require masks.
An administrative assistant in the high school’s special education department, Carter also helped organize the local Special Olympics. Students “were her whole heart,” her husband Jimmy said.
Carter, an Appling County native, was eager to work at school this fall despite having respiratory problems. Classes didn’t start until Aug. 17, but staff returned several weeks earlier. Carter, who had her own office, put on a mask when people stopped by, her husband said. The mask offered her limited protection, but experts say if her visitor wasn’t wearing one, she was still at risk.
By mid-August, she was so weak that her husband took her to a local hospital. Later that month, she was airlifted to a hospital in Jacksonville, Florida. She died on Aug. 30 before her family, which was driving there, could arrive. She was 67.
The high school posthumously named her grand marshal of its homecoming celebration, giving her family a quilt with “ACHS Homecoming 2020” embossed on it during a pep rally. The school website paid tribute to her: “She will always be remembered for being a vital part of the life of ACHS and served the school with a kind and humble heart.”
Her death, though, did not spur a reversal of the county’s mask policy: Photos on the high school’s website show clusters of students posing in Halloween costumes in the hallways, without masks. School district officials did not respond to messages seeking comment.
Emanuel County, 90 miles west of Savannah, is a rural expanse dotted with pine forests and cotton fields. The county’s winding roads brim with American flags and Trump 2020 placards. It’s a Trump stronghold; the president received about 70% of the county’s votes on Nov. 3.
Many of the county’s 22,000 residents struggle to make ends meet, with households earning less than $40,000 on average. Only one in eight adults has a college degree. The school system is the region’s largest employer, followed by a local poultry plant and Walmart. More than 4,000 students attend the county’s schools, which include one primary, two elementary, one middle, a high school and a combined middle-high school. About half of the students are white, 43% are Black and 7% are Hispanic.
The school district had four months to determine how to reopen after Kemp closed schools across the state in early April and classes went remote. The board asked Superintendent Kevin Judy to develop a plan.
Judy, who has led the district since 2014, rose from a life sciences teacher to a principal to Emanuel’s superintendent, earning a doctorate in educational leadership and administration. While he opened all the district’s schools on Aug. 3 as scheduled, he empathized with families who hesitated to return to in-person schooling. Across the county, 30% of families chose virtual learning.
“My wife, she’s had breast cancer,” he said. “She’s a kindergarten teacher, and it’s something we worry about too. She teaches face-to-face every day with 20 to 22 kindergarteners in a classroom and has had a great year and wouldn’t change it for anything.”
Before reopening, Judy said, he sought guidance from the county Health Department and local physicians. He also held “informal discussions” with the school board about whether to require masks. They decided not to, without a public debate or vote. Instead, they simply encouraged the use of masks.
“The parents raised their kids, and that’s their decision to make what they feel comfortable with,” Judy said.
The county Health Department supported the school board. “You have to look at your community and see what’s best,” said Jennifer Harrison, a nurse manager at the department, who works directly with Judy to trace school cases. “They made it an optional thing and I agree with that. You’re not going to appease everybody every time no matter what you do.”
School board member Johnny Parker, who spent 40 years as a teacher and counselor, has worn a mask to the past four board meetings. Nevertheless, he said in a mid-October interview that masks should be optional. Although Trump had been hospitalized for COVID-19 two weeks earlier, Parker cited the president’s habits to defend the district’s policy. “The president, he doesn’t wear a mask.”
School reopenings, Parker said, had no effect on transmission rates. “Protests are spreading the virus more than the schools,” he said. “People who protest don’t have them on. The ones that are rioting and destroying people’s property, they don’t have them on. That might be the spread.”
On the south side of Swainsboro, the seat of Emanuel County, winds the Tiger Trail, a a pine-wooded paved stretch where all of the town’s schools are located. More than 600 students attend the one-story, sand brick middle school. COVID-19 awareness posters line its hallways, showing children how to spot symptoms and encouraging them to socially distance.
The virus penetrated the school before the students returned. During a staff planning week, two employees tested positive for the virus, a middle school teacher said. “When it starts up before the kids even get back, that should be a signal,” the teacher said. All current teachers at the middle school who were interviewed asked not to be named for fear of retaliation.
After the receptionists fell ill and a teacher went home with symptoms at the end of the first week of school, some staff members hoped that the administration would take strong action, such as closing the middle school for cleaning or widespread quarantining. (One receptionist declined to comment, and the other did not respond to interview requests.) But the school remained open and contract tracing was limited, with only a handful of children sent home to quarantine, said four staff members. “It was just business as usual,” a teacher said.
As schools reopened, however, throngs of children, parents and grandparents began pouring into Porter’s office, a one-story brick clinic in central Swainsboro, a block away from the county’s only hospital.
Porter, one of the few African American physicians in the county, had moved to Emanuel 33 years before to start a family practice. Having grown up with severe asthma in a small Georgia town, he understood the importance of high-quality health care in rural communities. When the pandemic began in March, he scoured studies in The New England Journal of Medicine, JAMA and other top-flight medical journals, preparing himself, and his county, for the virus’s arrival.
“We had lots of cases amongst the children, and then the parents were getting it, and some of the grandparents were getting it, and we were having hospitalizations among some of the adults that got sick,” Porter said.
Data from the state’s Health Department confirms Porter’s experience. The county had nearly as many coronavirus cases among school-age children in the first month of school as in the first five months of the pandemic. Harrison, from the county’s Health Department, said that the district has had between 10 and 50 outbreaks since schools opened but could not be more specific.
Yet few Emanuel County parents were aware of the surge. For the first three weeks of school, the superintendent did not report the number of cases among staff and students on the district’s website.
“We are transparent, we’re not trying to hide anything,” Judy told ProPublica. “Did I report data the first three weeks of school? No, truthfully, it never crossed my mind.”
“I just felt angry that this was handled in the way it was handled,” Porter said. “If people really knew how bad it had been, and how bad at times it gets, there would be more outcry and more of a problem keeping the schools open. People didn’t know the extent of the problem.”
Porter surveyed his pediatric patients and their families in an attempt to trace how they had acquired the disease. When children described what went on in school, he was startled. Many teachers and students were not wearing masks. Kids were crammed into classrooms with up to two dozen desks, 2 to 3 feet apart. Children often did not socially distance in hallways and cafeterias, despite a slew of signs reminding them to do so. Sports practice and games played on, with hardly any players or coaches masked. Students were sardined into buses, where they were required to wear face coverings, but often tucked them under their chins or hung them off their ears. Children sometimes ate lunch in classrooms with closed windows, allowing aerosolized particles to spread. And in some cases, an exposed student might be sent home for quarantine, but older or younger siblings might still attend class in another school.
Many of these practices disregarded recommendations from the CDC and World Health Organization, which stressed the importance of consistent masking of children and staff; small classes with desks spaced 6 feet apart; staggered bell times to minimize crowding in hallways; limited mixing of student groups throughout the day; and thorough contact tracing. Schools can be opened relatively safely, numerous studies have found, but only with proper safeguards in place.
Concerned that keeping schools open without a mask mandate would foster the spread of the virus, Porter phoned the superintendent and asked him to reconsider. “If kids are going to be in school, everybody needs to wear masks,” he told Judy.
The superintendent told ProPublica that the district took proper precautions in opening schools: Custodians mist classrooms at breaks and frequently wipe down high-touch surfaces like door handles and light switches. Students socially distance in the halls. Every hallway has at least three hand washing stations. When children or staff test positive, school nurses work with the Health Department and use surveys to track anyone that might have been exposed. And siblings of sick children, he contended, are indeed quarantined.
Porter detailed his concerns in an impassioned op-ed in the local paper. “The science is clear that the way we’re doing things will lead to a large spike in cases,” he wrote, pleading for masking in schools. “We may not fear that students will get sick, but I promise you, too many teachers, paraprofessionals, and others will.”
The superintendent did not address why Porter’s recommendations weren’t followed. “He was saying what he felt to be factual,” Judy said.
English teacher Shonray Brooks was nervous about going back to school. She had respiratory difficulties that required an inhaler, making her more vulnerable to the virus. But she had no choice. The district required teachers in core subjects to teach in person. While some states have strong unions that have helped teachers negotiate for protections during the pandemic, Georgia does not permit collective bargaining, leaving Brooks with little recourse.
Brooks grew up in Emanuel. Her mother died when she was 7, and her grandmother stepped in to raise her and her siblings. Education took center stage. Brooks became the family’s “encyclopedia-dictionary,” said her younger sister Shonte Smith, as well as a cornerstone of the high school debate team and the preferred tutor for failing football players. After graduating from Georgia Southern University, she returned to Emanuel to teach.
Brooks taught in the district for 15 years, often arriving before 7:30 a.m. to prepare lessons, staying late to grade papers and help train the step team, and on exam days, she’d whip up grits and breakfast casseroles in her crockpot for her students.
Shonte, who works as a hair stylist in Warner Robins, Georgia, two hours away, knew that nothing would keep her sister from her students, not even a pandemic. “It was a COVID cesspool,” Shonte said, but “those kids meant the world to her.”
When school started, Brooks was in quarantine, with only her gray cat, Sassy, to keep her company. A family member had tested positive for the virus, and while she hadn’t had much contact with her, she was cautious. But after testing negative, Brooks began teaching, donning both a cloth mask and a face shield.
In her first week back, Brooks and several other staff attended the school board’s monthly meeting, hoping members would discuss how to combat the pandemic. In the cavernous high school cafeteria, Judy and the board sat before the socially distanced attendees. Of the board members, only Parker wore a mask. They talked about the virus for less than five minutes, according to Deanna Ryan, a former Swainsboro middle school science teacher who attended the meeting. Ryan had recently started teaching in a nearby charter school, which had instituted a mask mandate.
“We have roughly fifteen employees and four students that are at home positive,” reported the superintendent, according to the meeting minutes. “The student transmissions did not take place at school but through family situations. With our employees, the majority happened outside of school. We have had some that did occur with employees not following guidelines during preplanning.”
By the end of that week, Brooks felt lethargic and her body ached. She stayed home from school that Friday and got tested. She stayed in bed most of the weekend, soreness spreading through her body, her lungs heavy. “All of the symptoms you hear about, she started having them,” said Shonte, who had a friend deliver Gatorade and soup to her sister’s front porch. Brooks brought the care package inside but was so exhausted that she had to rest on her couch on the way to the kitchen. Even though she was ailing, she managed to finish her final paper for an online master’s degree in education technology at Central Michigan University.
After three days, she received her results. She had the coronavirus. Less than 12 hours later, she was rushed to the emergency room of Emanuel Medical Center, struggling to breathe.
The first day of school in Marietta looked much different from Emanuel. Masks were as common as backpacks on students stepping off buses, their waves and thumbs-ups compensating for hidden smiles as grown-ups snapped photos.
The universal masks reflected a change of heart by Grant Rivera, who has been superintendent of schools in Marietta for four years and often sports a polo shirt emblazoned with his schools’ trademark oversized M. Marietta, a city of 61,000 residents north of Atlanta, has its own school district but is part of suburban Cobb County, which is trending blue; Joe Biden carried the county over Trump by more than 14 percentage points.
When Rivera put forth a plan in June to offer students both virtual and in-person options to return to school in August, he didn’t propose a mask requirement. Parents reached out to Rivera, urging him to reconsider mandating masks. “Quite candidly, with every conversation I was having I found it harder and harder to defend why we weren’t requiring masks,” Rivera said. “I felt like I was in quicksand. I couldn’t even convince myself of the argument.”
Rivera has two young children and a formidable resume — with stints as a special education teacher, a principal and a chief of staff in the Cobb County district — along with a doctorate in education with an emphasis on school law. What he is not, he readily acknowledges, is a health expert, so he turned to local health departments and the CDC. The professionals’ advice: Mask up.
As cases and deaths soared statewide in July, the school board delayed the start of in-person schooling. By early August, Rivera had a new plan: Marietta would begin in-person schooling in September for the youngest students, as long as cases continued to drop from their July peak. Everyone would wear masks — from bus drivers to teachers to students to central office staff. The only exception would be students with a doctor’s letter documenting a valid health reason. “We started with masks, and we built everything else around that,” he said.
The school board unanimously backed his position. Chairwoman Allison Gruehn said conservative parents had been “very disappointed” with the district’s decision to start school remotely, and they were willing to accept a mask mandate since it meant that their children could learn in person.
As Marietta hashed out its safety protocol, Paulding County schools a short drive west opened without a mask mandate. Photos of maskless students packing North Paulding High School’s hallways went viral on social media, drawing national attention. Paulding reported 41 positive cases of students or staff during its first week of school, including 24 at North Paulding High, which was closed temporarily.
By the following week, the Cherokee County district just to the north had asked as many as 1,200 students and staff members to quarantine because of possible exposure to the virus. That system had also declined to mandate masks. After those uproars, Rivera told parents during a virtual meeting that “I don’t want to subject our kids to what we’re seeing in other districts.”
Few parents objected to Marietta’s mask policy. Two families emailed him asking that their kids be exempted, he said, vaguely citing “medical risks associated with masks.” Rivera relayed their concerns to public health officials, who assured him that masks don’t pose such dangers for children. One of the families withdrew a first grader from the district.
Amy Barnes was among the Marietta parents who pleaded with Rivera to reverse the district’s initial decision to make masks voluntary. Barnes, who had completed a contact-tracing course, believes that masks are an essential, science-based part of COVID-19 prevention.
She was worried about sending her three children back to school and had thought about going all-remote, until Rivera imposed the mask mandate. “What sealed the deal for my husband and I was that Marietta was requiring masks,” Barnes said. “We felt that masks were the only way to mitigate the spread in schools because it’s really hard to socially distance in classrooms.”
Still, Barnes wondered how her youngest, a fifth grader, would fare. He’d worn masks in stores, but never for seven hours straight. He started in-person classes in early October during the second phase of Mariettta’s reopening. She was relieved when he came home his first day and reported that wearing a covering all day was “not that bad.” He hasn’t complained since, she said.
Marietta mom Shamika Berger was reluctant to send her first grader, Elijah Brown, back to school because of worries about the virus. She, too, had watched the news coverage of Paulding and Cherokee counties. “I was like, ‘Nobody is taking this seriously,’” she said.
But Berger works during school hours in the deli at Walmart, and Elijah — like so many young children — had struggled staying focused in virtual class in the spring. So, with Mickey Mouse and Spider-Man masks at the ready, Elijah returned to Dunleith Elementary in early September. He, too, didn’t seem bothered by wearing the mask all day, she said. “He was just so excited to be back in school,” Berger said.
Unlike Emanuel, Marietta let teachers choose whether to return to the classroom or teach from home until Oct. 5, when more students would be coming back. The mask mandate helped reassure most teachers that it was safe to go back to school.
Second grade teacher Libby Coan said the kids in her classroom at Hickory Hills Elementary have had no problem keeping their masks on. She hasn’t had any pushback from parents, either. “I think their parents just want them in school,” she said.
First grade teacher Jenny Brems said she, too, was glad that the district didn’t leave the mask decision up to parents.“I didn’t want it to be a fudgy thing,” she said. Kids need reminders sometimes, she said, but have otherwise adjusted fine. The district allows “mask breaks” outside, she said, adding, “It’s not as traumatic as some people were afraid of.”
Wearing a mask all day in the classroom, though, has required extra effort when she teaches phonics to her students at A.L. Burruss Elementary, she said. Watching a teacher’s mouth form sounds helps kids learn how to read. Brems said she is using a clear mask her district provided, and she has become accustomed to gesturing, enunciating and projecting her voice more than usual.
She was hoarse after the first few days, she said. “I’m chugging the water like I’ve never done before,” Brems said. But the measures have kept her safe, she added — and allowed the kids to continue learning.
Still, opposition to the measures Marietta took could be found close by. Parent Jolynn Dupree, who lives in Acworth about a half-hour drive from Marietta, objected when the Cobb County district mandated masks. In July, Dupree started a Facebook group called “Masses Against Masks” for Cobb County parents who “demand that their schools not require masks while exercising their right to an education.” The group has 947 members.
“I felt like you have no voice if you are against the masks — you are looked at like you don’t like people, you want their grandma to die,” said Dupree. Her husband’s 97-year-old grandfather died of the virus in a nursing home in Marietta, but she and other family members caught it and recovered, she said. With a generally high survival rate, she said, the harm of forcing children to wear masks for seven or eight hours a day outweighs the benefit. Masks make it hard for children to breathe in steamy Georgia weather and to read facial cues, and the mandate puts too much pressure on them, she said.
“I don’t want to hurt people,” she said, “but I’m not going to psychologically hurt my kids.”
Dupree and her husband withdrew their four school-age children — who range from first to sixth grades — from the Cobb system. They now go to a private school, without masks, twice a week and are home-schooled the other days.
She said she might reconsider her stance if her children were in high school, since teenagers are more likely to spread the disease. But friends of hers in Paulding and Cherokee counties — which don’t have mask mandates — are doing fine, she said.
“When I hang out with my friends, their kids are living totally normal lives and everything seems good,” Dupree said.
When Shonray Brooks arrived at the hospital, the doctors transferred her to the intensive care unit, where she received supplementary oxygen and the antiviral medication remdesivir. Doctors monitored her for several days, examining her for blood clots and heart irregularities, common secondary symptoms of the virus. Her relatives couldn’t visit her, so they tried to keep her spirits up with text messages. “I love you, Sissy,” Shonte texted her. “I’m praying for you.”
Despite the treatments, Brooks’ condition deteriorated. Doctors decided to medivac her to a hospital in Augusta, the nearest city. By the time her helicopter landed, she was unresponsive. She was immediately placed on a ventilator.
Her friends and colleagues learned of her plight from her sister’s Facebook updates. Though school nurses spoke with several of Brooks’ students, the administration did not tell staff who had the virus, four employees said. “They were tight-lipped about everybody that had it,” said a teacher. “I’m not saying they should tell us details, but they should tell us if it was someone in the building that was around a lot of people.”
Several staff members told ProPublica that they believe the school was trying to conceal the extent of the spread. “Everybody knows, but no one knows through official channels,” said another teacher. “The general sense was, we’re not going to talk about it. We’re not going to tell you and I think at that point, teachers realized no one’s going to tell us if we’ve been exposed. No one’s gonna know until it’s too late.”
At a school board meeting in September, the teacher Deanna Ryan stepped up to the lectern. After flipping through choropleth maps from the state’s Health Department, showing the board how the virus was inundating the county, she began to talk about Brooks. When Ryan first moved to Emanuel county, Brooks quickly took her under her wing. During the 11 years they taught together at the middle school, they had lunch nearly every day and worked on each other’s class projects.
“There’s a teacher that I know who’s fighting for her life,” Ryan said, her voice quivering with each word. “She was the person who would get me to calm down and breathe. And now she’s struggling to.” Her words choked by tears, she hurried out of the room.
At least four more teachers at the middle school contracted COVID-19 after Brooks, including three other educators along the seventh grade hallway. Students rotated through classrooms together. While teachers tried to assign them to the same seats in each class, students had a way of shifting seats to be closer to their friends, broadening the potential exposure.
“Five classes a day is five sets of germs coming in and out of my class,” said a teacher. “If they are a carrier, but they are not showing symptoms, you don’t even know that they are sick. They are still spreading the germs around.”
Over the first two months of school, more than 100 students were quarantined, teachers and parents said. “I was scared,” one teacher said. “We started out with 25 kids. After three weeks, it was down to five. Kids were testing positive.”
Judy said he doesn’t dispute that the number of students quarantined was in triple digits, but he doesn’t know the exact number. “I don’t even want to ballpark it,” he said. “If you’re within 6 feet of someone for more than a cumulative 15 minutes, then that’s who gets quarantined.”
By mid-September, the county had the fifth-highest per capita rate of the virus in the state over a two-week period. Yet the schools carried on almost like normal. The high school crowned its homecoming king and queen, and sports teams played and scrimmaged before cheering parents, few of whom covered their faces.
Parental opinion over a mask mandate was divided. “I believe there’s a real virus, but I don’t believe people are dying like they say,” said one opponent, Roy Beneteau, while watching his teenage son play soccer at the local rec center. Beneteau delivers hundreds of packages daily, does not wear a mask and still hasn’t contracted the disease, he said.
Nana Davis disagreed. Sitting apart from a scrum of parents, in a folding plastic chair on the edge of a field, she was watching her 12-year-old son’s football game. He suffers from asthma and was wearing a mask under his helmet.
“I don’t think [schools are] safe,” said Davis, who enrolled her son in virtual learning. “A lot of kids touch each other, some could come to school with it, and it could endanger an asthma patient.”
Before the Emanuel school board’s October meeting, a photo was taken of members and the superintendent. Superintendent Judy donned a black mask for the picture and then quickly removed it. “I wanted to make sure everybody was able to hear,” he later said. Two of the six members who attended wore masks.
Only seven people were in the audience, including three district staff members and Ryan. Wearing her KN95 mask and a Kelly green rubber wristband with the words “Miss Brooks Strong” emblazoned on the edge, Ryan again spoke.
“Why are the adults who are leaders in this community not wearing masks?” she asked the superintendent and school board. “I’m still waiting for my friend to stand up. I would ask — no, I will plead — please wear your masks more often, especially when you’re close to people. You don’t know what you’re passing on.”
Neither the superintendent nor the board members responded. While they didn’t revisit a mask mandate, the superintendent suggested investing more than $175,000 to upgrade the district’s ventilation system with “needlepoint bipolar ionization,” which could cut down on dust, bacteria and viruses such as COVID-19. The district had just installed these devices in the middle school, Judy reported.
A couple of days after the meeting, Judy spoke with ProPublica for an hour in his office, which overlooks a parking lot in central Swainsboro. Seated behind his desk, he wore a black cotton mask and the green rubber wristband supporting Brooks. Shonte made and distributed the bracelets to honor her sister’s struggle, collecting donations for her care. Judy had ordered 100 for school staff.
Judy said he was confident that the schools had nothing to do with the outbreaks. “People were not as careful as they should have been,” he said. “They rode together in vehicles, went out to eat lunch and things like that caused it. The starting of school … there was not a spike there at all.”
Still, he acknowledged that it’s difficult to know how staff and students acquire the virus. “It could be that one of those teachers had it and shared it with the others. That’s a possibility. It could be that one of them got it from their home and the other one got it from their home. It could be a coincidence. That’s the nature of this,” he said.
Many public health expertshavecompared the effort to compel Americans to wear masks during the pandemic to the decades-long struggle to persuade people to wear seatbelts. Detractors said that mandatory seat belt laws were ineffective, uncomfortable or against their individual rights. The same arguments that have frequently been invoked against masks, even though they not only protect the wearers but also the people around them.
Though he doesn’t equate them with face coverings, Judy said, he’s opposed to mandatory seat belts, too. “I am not harming anyone else,” he said.
The view of Emanuel County officials, he added, is that “the great part of living in this country is that it is left up to individual people to make what they feel is the best decision for them and their family.”
Despite the mask mandate and other precautions, Rivera still wasn’t satisfied that Marietta was doing enough to stop COVID-19. He wanted to stay on top of whether the coronavirus was being transmitted in schools. Having heard from the Public Health Department that its contact tracing and testing program was overwhelmed, he said, “we built our own internal system.”
School nurses and other staff gained certifications in contact tracing and the district hired a part-time worker to help them. The system now has tracers who speak English, Spanish and Portuguese and can make calls from 8 a.m. to midnight. The program is crucial for reassuring parents that the schools are safe, he said.
Marietta continued to phase in students’ return to the classroom; high school students were the last to go back, on Nov. 9. Rivera kept in close touch with local health officials, checking in three times a week by phone. “I sometimes feel like I talk to them more than I talk to my wife,” he said.
Like Emanuel, Marietta upgraded its air ventilation. Sports continued too, with Marietta requiring anyone visiting its stadium to wear a mask. School officials walked through the stands during games, reminding spectators to keep theirs on or risk being ejected from the facility.
Cases were rising across the country, and a few surfaced in Marietta schools. The contact tracers looked into each one. The schools didn’t appear to be the source of any clusters, although, with the virus spreading ever faster, it was getting harder to tell.
With Shonray in a medically induced coma, Shonte checked in with her sister’s nurses daily and visited twice a week, every Thursday and Sunday. During her visits, she massaged Shonray’s arms and legs and painted her nails — a clear varnish for her fingers and an electric shade of green for her toes. After more than two weeks in the ICU, Shonte prepared for the worst.
“She’s been here 16 days, and she’s had no improvement,” a doctor told her, explaining that her sister still had a fever from a possible infection. “We’re playing this day by day.”
Shonte called family members with the somber update. “We have to be strong,” she said through tears. “We have to keep praying. She shall live and not die.”
Two days later, while she was driving to Augusta to visit her sister, a nurse called. They only contacted her for urgent reasons, and so apprehensively, she picked up the phone.
“The doctor told me to call,” said the nurse. “Shonray is up.”
Shonte shrieked in her car, too elated for words. The nurse told her that Shonray was nodding to commands and breathing over the ventilator. When Shonte arrived at her sister’s room, she pulled a chair up to the bed. “You’ve been gone for a little while,” Shonte said, stroking her sister’s hand. “And I’m so happy you’re here.” Painfully, Brooks’ lips curled into a faint smile.
A couple weeks later, after being taken off the ventilator, Brooks started her rehabilitation, slowly beginning to speak, eat and write on her own again. In early November, while her sister was visiting, Brooks walked 150 feet. Brooks, who declined to be interviewed, told Shonte that she hopes to return to teaching as soon as she’s physically able. She also heard some welcome news: With the paper she had submitted at the start of her battle with COVID-19, she had earned enough credits for her online master’s degree.
On Nov. 20, she was released from the hospital and moved in with Shonte. Waiting for her at her sister’s house: her diploma and a cap and gown she had ordered during her rehab.
The promise of antigen tests emerged like a miracle this summer. With repeated use, the theory went, these rapid and cheap coronavirus tests would identify highly infectious people while giving healthy Americans a green light to return to offices, schools and restaurants. The idea of on-the-spot tests with near-instant results was an appealing alternative to the slow, lab-based testing that couldn't meet public demand.
By September, the U.S. Department of Health and Human Services had purchased more than 150 million tests for nursing homes and schools, spending more than $760 million. But it soon became clear that antigen testing — named for the viral proteins, or antigens, that the test detects — posed a new set of problems. Unlike lab-based, molecular PCR tests, which detect snippets of the virus's genetic material, antigen tests are less sensitive because they can only detect samples with a higher viral load. The tests were prone to more false negatives and false positives. As problems emerged, officials were slow to acknowledge the evidence.
With the benefit of hindsight, experts said the Trump administration should have released antigen tests primarily to communities with outbreaks instead of expecting them to work just as well in large groups of asymptomatic people. Understanding they can produce false results, the government could have ensured that clinics had enough for repeat testing to reduce false negatives and access to more precise PCR tests to weed out false positives. Government agencies, which were aware of the tests' limitations, could have built up trust by being more transparent about them and how to interpret results, scientists said.
When healthcare workers in Nevada and Vermont reported false positives, HHS defended the tests and threatened Nevada with unspecified sanctions until state officials agreed to continue using them in nursing homes. It took several more weeks for the U.S. Food and Drug Administration to issue an alert on Nov. 3 that confirmed what Nevada had experienced: Antigen tests were prone to giving false positives, the FDA warned.
"Part of the problem is this administration has continuously played catch-up," said Dr. Abraar Karan, a physician at Harvard Medical School. It was criticized for not ensuring enough PCR tests at the beginning, and when antigen tests became available, it shoved them at the states without a coordinated plan, he said.
If you tested the same group of people once a week without fail, with adequate double-checking, then a positive test could be the canary in the coal mine, said Dr. Mark Levine, commissioner of Vermont's Health Department. "Unfortunately the government didn't really advertise it that way or prescribe it" with much clarity, so some people lost faith.
HHS and the FDA did not respond to requests for comment.
Types of COVID-19 Tests
PCR: a very accurate, lab-based test that can take days to process and report results. The test detects the virus's genetic material.
Antigen: a quick, on-the-spot test that's less sensitive than PCR but good at identifying people who are most likely to infect others.
Antibody: a test that tells you if you've had the virus in the past but doesn't tell you if you're infected now.
The scientific community remains divided on the potential of antigen tests.
Epidemic control is the main argument for antigen testing. A string of studies show that antigen tests reliably detect high viral loads. Because people are most infectious when they have high viral loads, the tests will flag those most likely to infect others. Modeling also shows how frequent, repeated antigen testing may be better at preventing outbreaks than highly sensitive PCR tests, if those tests are used infrequently and require long wait times for results. So far, there are no large scale, peer-reviewed studies showing how the antigen approach has curbed outbreaks on the ground.
People need to realize that without rapid testing, we're living in a world where many people are unknowingly becoming superspreaders, Karan said. About 40% of infections are spread by asymptomatic people with high viral loads, so antigen tests, however imperfect, shouldn't be dismissed, he said.
Even those who are more skeptical said they can be helpful with a targeted approach directed at lower-risk situations like schools, or outbreaks in rural communities where PCR is impractical, rather than nursing homes where a single mistake could set off a chain of deaths.
It is "completely irresponsible" to take a less-accurate test and say it applies to all situations, said Melissa Miller, director of the clinical microbiology lab at the University of North Carolina.
There's no precedent for the government to bet this much on a product before it's been thoroughly vetted, said Matthew Pettengill, scientific director of clinical microbiology at Thomas Jefferson University. "They put the cart before the horse, and we still can't see the horse."
The Government Quickly Embraced an Unproven Test
During a public health crisis, the FDA can issue emergency use authorizations to make tests available that might otherwise have been subjected to many months of scrutiny before being approved. The three most popular antigen tests in the U.S., from Abbott Laboratories, Quidel and Becton, Dickinson, commonly known as BD, had to submit far less proof of success than is usually required.
FDA gave the first authorization to Quidel on May 8 based on data from 209 positive and negative samples. BD got its permit July 2 with a total of 226 samples and Abbott in late August with 102. Outside of a pandemic, the agency might otherwise have required hundreds more samples; in 2018, BD's antigen test for the flu provided data on 736 samples.
There's no excuse for the small pool of data, particularly for Abbott, Pettengill said. At the start of the pandemic, the FDA authorized PCR tests based on as few as 60 samples because it was difficult to find confirmed cases. By the time Abbott got its authorization in August, it was "a completely different ballgame." Abbott'svalidation document states the company collected swabs from patients at seven sites. Given the case counts over the summer, it should have only taken a few days to collect many hundreds of samples, Pettengill said.
Abbott didn't respond to requests for comment. Quidel pointed ProPublica to an article in The New England Journal of Medicine that explained how regular antigen testing can contain the pandemic by identifying those who are most infectious.
"We have full confidence in the performance" of our test, Kristen Cardillo, BD's vice president of global communication, said in an email. BD "completed one of the most geographically broad" clinical trials for any antigen test on the market, she added, by "collecting and analyzing 226 samples from 21 different clinical trial sites across 11 states."
The day after the Abbott test was authorized, HHS placed a huge bet on it, buying 150 million tests.
Healthcare workers don't need patronizing praise. They need resources, federal support, and for us to stay healthy and out of their hospitals. In many cases, none of that is happening.
Then, it gave institutions like nursing homes advice on how to use them off-label, in a way in which they were untested and unproven.
The three tests are authorized for the most straightforward cases: people with COVID-19 symptoms in the first week of symptoms. That's how they were validated. They produced virtually no false positives that way and were 84% to 97% as sensitive as lab tests, meaning they caught that range of the samples deemed positive by PCR.
Yet HHS allowed their use for large-scale asymptomatic screening without fully exploring the consequences, Pettengill said.
A recent study, not yet peer reviewed, found the Quidel test detected over 80% of cases when used on symptomatic people and those with known exposures to the virus, but only 32% among people without symptoms, The New York Times reported.
The HHS encourages nursing homes that can't get access to PCR tests to use antigen tests, even on asymptomatic people. The agency suggested repeat testing to reduce false negatives but didn't mention false positives.
An October survey found that nearly a third of nursing homes had left the federally provided antigen tests untouched, The Wall Street Journal reported. Staff cited time-consuming paperwork for federal reporting requirements and skepticism about their accuracy.
"I think a lot of the trust was lost, unfortunately," Karan said.
"Be Prepared for Some 'Pressure'"
As antigen tests began to give false positive results in nursing homes, state public health officials in Vermont and Nevada pushed back. But HHS officials overruled their concerns and pressured them to keep using the tests.
In July, an urgent care clinic in Manchester, Vermont, discovered that, of 64 patients (mostly asymptomatic) who the Quidel test said were positive, only four, all symptomatic, got a positive PCR result. As reported by the Vermont alt-weekly Seven Days, Quidel said the fault lay with the PCR tests. The FDA also pointed a finger at the PCR "without any foundation of evidence," Levine, the state health commissioner, told ProPublica.
There was a potential problem related to the PCR machine's software, but Vermont's state lab retested the samples after upgrading the system and found no change in results, Levine said. State officials also conducted pop-up testing in the Manchester region and found just a handful of positives out of 1,600 tests, he said, proving that there was no outbreak in the community.
Levine said his health agency ended up labeling the 60 samples as "discordant" instead of "false positives" and left them out of the official case count. "We didn't want hard feelings," he said. "I do think this administration wanted to show it was doing something ... and this [antigen test] is one way to demonstrate that."
The federal government defended Quidel again in early October. The Times reported that Nevada's Health Department ordered nursing homesto stop using all antigen tests after reviewing results from 3,725 tests. Nursing homes had double-checked 39 samples the BD and Quidel tests flagged as positive, but 23 of them tested negative via PCR. Nevada's letter noted that it only learned about the problem because the state chose to go above and beyond federal guidelines: The FDA had said there was no need to double-check positive results. State officials told nursing homes to continue using PCR to fulfill testing requirements.
Cardillo, the BD spokesperson, said a "very small number" of the 11,250 nursing homes using BD tests reported higher than expected false positives, and "we are conducting thorough investigations into those cases."
When an official from the Centers for Medicare & Medicaid Services asked why the state adopted a ban, a Nevada health facilities inspector said false positives could put nursing home residents at risk, according to emails obtained by ProPublica via a public records request.
If someone tests positive on an antigen test, the nursing home may sequester the patient with other residents who are truly infected, the Nevada official, Bradley Waples, wrote. If that person later has a negative PCR test, then the faulty diagnosis will have placed them "in danger of contracting the virus by introducing them to a room full of actual positive residents."
His email didn't explain whether anyone had been infected that way. A spokesperson from the Nevada Health Department declined to comment.
In one nursing home, the antigen tests found seven positives out of 35 samples, yet all seven tested negative by PCR, Waples wrote. Two other states had reported similar false positive problems, he added.
"Thanks Brad," the CMS official replied. "It'll be interesting to see what HHS does with this information. Be prepared for some 'pressure.'"
That pressure arrived two days later in a letter from HHS, where Assistant Secretary Brett Giroir ordered Nevada to rescind the ban. You "must cease immediately or appropriate action will be taken against those involved," he wrote. Nevada complied.Bottom of Form
Giroir's letter cited some of the key arguments for antigen tests, including their ability to detect those who are most infectious. Yet the agency's reasoning glosses over many unknowns. Some people can become acutely ill without ever showing high viral loads, or only doing so briefly, said Miller, the North Carolina scientist. Those with lower viral loads may still be able to infect others, and the data is murkier for asymptomatic people, she added.
"I'm not saying it's right or wrong, but we're not fully understanding how these tests perform in certain populations, and yet they're being used," Miller said.
"It's a test, yes, but there are people on the other side of that test," she added. If you have a family member in a nursing home that's getting false positives, it takes time to confirm results by PCR, Miller said. "These are days in which the residents and their families have an incredibly high level of anxiety and worry about their loved ones."
America Needs a National Antigen Testing Plan
The initial vision of giving every American at-home tests every day has been slow to materialize. Many of the available antigen tests require machines to read the results or someone who's trained to administer the test. Some states aren't even reporting their antigen results, so it's unclear when they're used or how they complement PCR.
"We need a federal plan for who gets tested, with what tests ... when, how often, and what data should be reported back, and what those data pieces mean," said Dr. Rebecca Lee Smith, an epidemiology professor at the University of Illinois.
So much remains unknown about the best way to use antigen tests, Smith added. If you have a million tests, is it better to test a million people once, or test half a million people who are at high risk twice, or test essential workers five or 10 times? "It's how you use the tests, not just how many tests you have."
The U.S. has never had a national testing strategy, said Dr. Ranu Dhillon, an expert on rapid testing and global health equity at Boston's Brigham and Women's Hospital. The administration's haphazard approach to antigen tests is an extension of that larger failure, he said.
While there have not been well-publicized examples of false negatives that have led to outbreaks, one risk that's been overlooked until recently is the probability of false positives in low-prevalence communities — places where few people have the virus, Miller said.
Even if a test is very "specific" (providing few false positives), it can flag more false positives than true positives. This happens for both PCR and antigen tests, but if antigen testing scales up to tens or hundreds of millions of tests a month, communities and institutions could get overwhelmed, Miller said.
One paperfrom August found that if a quarter of American school kids were tested three times a week with an antigen test that's 98% specific, it would produce 800,000 false positives a week that need to be double checked by PCR tests. (For reference, the U.S. is processing an average of 1.4 million tests per day, nearly all of them PCR).
Miller said she's received confused phone calls from doctors asking for advice. She helped a state task force create a flowchart that explains how to interpret antigen results and when to do repeat testing. "But why are 50 states doing this," instead of a single clear message from the administration? Miller asked.
Karan, the Harvard physician, said federal officials need to set expectations. An employer who can't afford PCR might welcome antigen testing, because catching 80% of infected workers would be better than catching none at all. Meanwhile, anyone who gets a single negative result shouldn't use it as an excuse to go to a bar, he said, and they should understand they might test positive a couple days later. This is particularly crucial for the many who plan to rely on antigen tests results to clear them for Thanksgiving gatherings.
Smith said any testing plan must be paired with a strong program of contact tracing, isolation and quarantine. The reality in this country is that "just telling someone they're positive has not been enough. There has to be a cultural shift."
As Reuters reported,Slovakia drove down its infection rate through a mass antigen testing program that imposed strict quarantine rules. The country tested 65% of its population in one weekend, then repeated the tests in hot spots a week later. Anyone who refused testing had to stay home, while those who tested negative got certificates that let them participate in public life.
That approach wouldn't be feasible in the U.S., Smith said. "We need to instead think about empowering and supporting people to abide by isolation and quarantine."