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OSH supervisors notified, staff left unaware of 'out of control' 2024 Legionella test results

OSH supervisors notified, staff left unaware of 'out of control' 2024 Legionella test results
OSH Employees
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KSHB 41 reporter Ryan Gamboa covers Miami County in Kansas and Cass County in Missouri. He also covers agricultural topics. Share your story idea with Ryan.

In April, KSHB 41 first reported "out of control" Legionella test results at Osawatomie State Hospital in Miami County, Kansas.

The reports were confirmed with the Kansas Department for Aging and Disability Services (KDADS) after an anonymous source provided the documents.

OSH supervisors notified, staff left unaware of 'out of control' 2024 Legionella test results

For the past several months, KSHB 41 has covered numerous issues outlined in a legislative audit at the state hospital.

RELATED | 2024 test showed 'out of control' levels of Legionella in Osawatomie State Hospital water supply

Following the initial reports of the February 2024 water results, KSHB 41 was invited for a sit-down and campus tour at OSH.

"We did implement strategies as soon as possible as we knew," Hospital Superintendent Ashley Byram told KSHB 41.

Ashley Byram

Following the April 23, 2024, report, current employees at the hospital reached out to KSHB 41 News reporter Ryan Gamboa to share their concerns.

"We were never notified about the water," a current employee said.

Gamboa confirmed their employment through a pay stub.

OSH Staff Anonymous Email
Anonymous current employee email.

Former employees also reached out, stating they were left in the dark about the water and only found out about the Legionella test results from KSHB 41's reporting.

RELATED | Rural Revival | Osawatomie State Hospital's economic influence on small-town Kansas

Osawatomie State Hospital has an approximate total of 700 combined staff and patients on its campus.

The December 2024 legislative audit outlined over 500 budgeted positions.

Legionella - CDC
Legionella detected in Osawatomie State Hospital in 2024, operated by the Kansas Department for Disability and Aging Services.

Legionella is a common bacterium found in water supplies. The Centers for Disease Control and Prevention reports moderate levels of consumption and inhalation are considered safe.

However, if an extreme amount is inhaled into a person's lungs, there is an infection risk of a serious pneumonia that can develop into Legionnaires' disease and Pontiac fever.

"We had no confirmed cases of Legionella," Byram said.

Which is true.

Ashley Byram
Ashley Byram, Superintendent at the Osawatomie State Hospital

KSHB 41 confirmed there were no infections due to the water via the Miami County Health Department and the Kansas Department of Health and Environment (KDHE).

The question of concern for current staff is why they were not notified.

A spokesperson for the Miami County Health Department told KSHB 41 in an email the department has not received any notification from the hospital or public water entity indicating elevated levels of Legionella in the water supply.

Osawatomie State Hospital

The spokesperson wrote, "We have also not received any reports of confirmed Legionellosis cases, nor an outbreak of unexplained illness associated with the facility in question."

RELATED | Osawatomie water not impacted after 2024 State Hospital Legionella detection

KSHB 41 followed up with the Miami County Health Department for what criteria would need to be met for public notification.

"...Our department would consider issuing a public statement only when there is a credible public health risk, and this decision would be made in coordination with KDHE. Typically, the following criteria would need to be met:
  • Confirmed cases of Legionellosis that are linked by both time and location;
  • An identified or likely environmental source, such as a facility’s water system; and
  • A risk of continued exposure, particularly in situations where potentially exposed individuals cannot be identified or contacted through routine methods."

KSHB 41 asked for transparency from KDADS if there were elevated symptoms of pneumonia and other cold-like illnesses on the hospital campus last year.

KDADS did not respond to our email list of questions, and no clarity was provided on the campus visit.

Legionnaires Disease
This 1978 electron microscope image made available by the Centers for Disease Control and Prevention shows Legionella pneumophila bacteria which are responsible for causing the pneumonic disease Legionnaires' disease. (Francis Chandler/CDC via AP)

"It’s important to note that in structured environments like a state hospital, identifying individuals present during a specific time frame is generally feasible, which reduces the likelihood of untraceable exposures," a Miami County Health Department spokesperson said. "As for the possibility of unrecognized illness, Legionnaires’ disease does resemble other types of pneumonia or respiratory illness. A confirmed case requires specific clinical presentation and laboratory testing. If a person was ill and Legionella was not suspected, it’s possible no testing was performed, which limits our ability to identify cases after the fact. Without diagnostic confirmation, such cases would not be reflected in public health surveillance systems."

During the campus visit, KSHB 41 was permitted to speak with current employees, all of whom were pre-selected and provided by hospital administration.

In a round table interview discussion, Gamboa presented the employees with the Legionella test results from 2024.

OSH Employees

The group told KSHB 41 they were all employed when the tests were initiated.

RELATED | Inside Osawatomie State Hospital, preselected staff speak, others fear administration

Three of the five pre-selected employees said they knew about the water test results.

Director of Operations Spencer Eble and Megan, a clinical therapist, did not respond.

Legionella Test OSH
February 2024 Legionella Test Results

"Supervisors were notified," Byram said. "That's how information was dispersed."

Gamboa presented the current employee's email to Byram, who asked to remain anonymous. She declined to comment on an unnamed source.

KSHB 41 pushed for a clear answer on whether the staff was notified about the Legionella test results.

"There was lots of discussions [on notification]," Byram said. "Like if you're asking if an email was sent out, no."

Legionella Test Results OSH
February 2024 Legionella Test Results

Byram went on to add her administration followed KDHE's guidance and was advised that because the hospital does not act as a public water system, it does not need to notify staff, patients and visitors.

Gamboa asked for further explanation as to why the previously interviewed staff said they were notified.

"I am not talking to every single employee every day," she responded.

KSHB 41 reached out for more on when those staff were notified — multiple times — and is still awaiting a response.

Osawatomie State Hospital Audit
Osawatomie State Hospital Audit

Through reporting on the legislative audit and the Legionella test results, KSHB 41 has submitted numerous public records requests.

KSHB 41 obtained records from the Miami County Sheriff's Department for a patient "escape" or "elopement" on Oct. 3, 2024.

According to the records obtained by KSHB 41, a patient with a warrant on record, for threatening to kill people and making threats to blow up federal buildings, eloped from the state hospital campus.

Ashley Byram
Hospital spokesperson reviews documents KSHB 41 News Reporter presented to Superintendent Ashley Byram.

Gamboa asked about public notification on this occasion.

While a KDADS representative stated they wouldn't comment on a pending investigation, Byram said her administration leaves public notification to the local police department.

The documents are unclear about where the patient was apprehended following the elopement; both the Miami County Sheriff's Department and Osawatomie Police Department responded to the escape.

OSH Tour
Brief tour of Osawatomie State Hospital

KSHB 41 is still waiting for more clarity on the Legionella water situation from February 2024 through a Kansas open records request.

Byram admitted communication with staff and patients could have been better.

"Looking back on that, that is probably something that we should’ve done, but we were following the direction of KDHE," Byram said. "I don’t have the education in order to send that information out."

On April 24, current employees notified Gamboa an email was sent to employees following KSHB 41's initial reporting on Legionella.

"Our facilities team continues to adhere to the protocols outlined in our Water Management Plan," Byram wrote to employees. "... We take these matters very seriously."

Osawatomie State Hospital
Osawatomie State Hospital sign.

Byram told KSHB 41 the issues surrounding retaliation that were previously reported in the audit are not tolerated on her watch.

"Any employee that is willing to speak to you... If they want to speak to you, I cannot tell them not to," she said.

According to some current employees, Osawatomie State Hospital is working on water lines.

Employees told KSHB 41 they are required to use "porta-potty" facilities and drink bottled water while maintenance is underway.

While KSHB 41 was visiting the OSH campus, Byram explained the facilities staff was actively flushing the lines.

As for an update on the water, KSHB 41 is waiting for KDADS to respond to email correspondence and a records request.

KSHB 41 was able to report on the 2024 Legionella test results because of a tip from a source. Your voice can be heard.

If you are a current employee willing to submit tips, concerns or make yourself available for an interview, send Ryan an email at ryan.gamboa@kshb.com.