EBJ's death may spark review of care facility standards, Texas senator says

Texas Sen. Royce West (D-Dallas, Dist. 23) told Lone Star Politics the death of former Congresswoman Eddie Bernice Johnson may lead to a second look at care standards in the legislature.

"It should be looked at. Anytime we have this type of event that occurs in a rehabilitation facility or any type of facility, we should be looking at the standard of care and whether or not there needs to be any changes to it," said West.

The Texas Health and Human Services Commission has a lengthy list of regulations rehabilitation centers must abide by. The state governs everything from the number of staff a facility must have to environmental standards.

The rules include a requirement to have enough employees so patients aren't left alone unsupervised for a long time.

"Adequate numbers of direct-care staff members must be available to supervise participants when other direct-care staff members are unavailable (for example, during breaks, meals, meetings, and training)," the regulations state.

Attorneys representing the Johnson family say an infection due to medical negligence led to a "terrible, painful death" for the former congresswoman. The family sent a pre-suit notice letter to Baylor Scott & White Health System and Baylor Scott & White Institute for Rehabilitation.

The lawyer's letter alleges that Kirk Johnson, EBJ's son, arrived at the rehab facility to visit his mother and found her lying in her feces and urine and repeatedly pushing the call button for help with no response.

The former congresswoman was one of the most powerful and well-known politicians in North Texas: first serving in the Texas legislature and then for years in Congress representing Dallas.

“The laboratory reports leave no doubt that the infection that killed former Congresswoman Johnson was caused by the failure of the staff at Baylor Scott & White Institute for Rehabilitation to properly care for Mrs. Johnson and allowing her to have laid in her own feces,” Weisbrod said in the notice.

A spokesperson for Baylor Scott & White told NBC 5, "Congresswoman Johnson was a longtime friend and champion in the communities we serve — she is an inspiration to all. We are committed to working directly with the congresswoman’s family members and their counsel. Out of respect for patient privacy, we must limit our comments."

Select Medical also issued a statement, saying, "Out of respect for patient privacy, we have no comment at this time."