Lawmaker seeks probe after AP reveals maggots in NY facility

In this April 24, 2017, photo, Walter Wenger talks to a reporter at his home in Canastota, N.Y., about his severely disabled son, Steven, who was twice infested with maggots near his breathing tube while living in a state group home. The Associated Press obtained a confidential report on the state investigation that determined the 2016 infestations at the group home in Rome, N.Y., were the result of neglect by caregivers. In most states, details of abuse and neglect investigations in state-regulated institutions for the disabled are almost never made public. (AP Photo/David Klepper)
In this April 18, 2017, photo, Walter Wenger visits his severely disabled son, Steven, in a hospital in Kingston, N.Y, where he was moved after maggots were twice found in the area around his breathing tube while living in a state group home. The Associated Press obtained a confidential report on the state investigation that determined the 2016 infestations at the group home in Rome, N.Y., were the result of neglect by caregivers. In most states, details of abuse and neglect investigations in state-regulated institutions for the disabled are almost never made public. (AP Photo/David Klepper)

ALBANY, N.Y. — A New York state lawmaker is demanding a federal investigation into New York state's care for the disabled following a recent Associated Press story that revealed the case of a man infested with maggots in a state-run group home.

Democratic Assemblyman Anthony Brindisi, of Utica, told the AP on Saturday that he is asking the U.S. Department of Health and Human Services to investigate the group home and other state-regulated facilities for the disabled where there have been allegations of abuse and neglect.

"It's clear from seeing this that New York state cannot be relied on to police itself," said Brindisi, who is running for congress. "When you have thousands of cases (of abuse and neglect) happening across the state — this being one of the most egregious — we must give some reassurance to families that their loved ones are being taken care of."

The call for a federal probe comes after the AP published a story Thursday showing that it's often easier to find health and safety information for local restaurants than it is to learn about conditions at facilities serving approximately 1 million of the state's most vulnerable residents.

Forty-one-year-old Steven Wenger was twice found to have maggots crawling around his breathing tube in a state-owned and -operated small group home in Rome, New York, last summer. Wenger cannot walk, talk or feed himself after suffering severe brain trauma in a 1991 car crash.

A state investigation concluded that the infestation was the result of neglect and that caregivers failed to properly clean the site of Wenger's breathing tube. Yet no caregivers were disciplined and the report on the case was made confidential. The agency in charge of the facility says it did increase training for staff. Wenger is now being cared for in a different facility.

A copy of the report was obtained by the AP, which found that New York state is not alone in making it difficult for members of the public to access records about allegations of abuse and neglect in state-regulated facilities for the disabled. In New York, the Justice Center is tasked with investigating cases related to the care of approximately 1 million New Yorkers.

Brindisi said he sought details about Wenger's case earlier this year after the man's father contacted him with concerns about his son's care. He said officials at the Justice Center told him that the case was closed and that Wenger's father was satisfied with the results — something that wasn't the case.

"There has to be more transparency by the Justice Center," he said.

Asked about Brindisi's comments, Justice Center spokesman William Reynolds said Saturday the agency regularly works with federal officials "and will continue to do so as needed."

The Justice Center conducted an "exhaustive" review of the incident but could not assign responsibility to any specific staff members.

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