State disability advocacy groups filed lawsuits when they failed to get the Department of Mental Health to submit records that could indicate abuse and neglect at state-owned psychiatric facilities. This week, the two sides reached a settlement allowing advocacy groups to access reports of serious incidents involving staff and residents through an online system.
“The Department of Mental Health will allow us to see what we need to see,” said Polly Tribble, executive director of the Mississippi Disability Rights Organization, the group that sued the Department of Mental Health. Said. “We can do the job.”
Adam Moore, a spokesman for the department, said in an email to Mississippi Today that the settlement would provide even more transparency.
“While incident reports contained in this agreement have been reported to the Office of the Attorney General and all other necessary licensing agencies, Disability Rights may access these reports at any time and request additional documentation as necessary. I will be able to,” he said.
Last year, Disability Rights began hearing stories of understaffing leading to neglect at state hospitals. This group is Mississippi’s “Protection and Advocacy (P&A) system,” charged by the United States Congress to investigate abuse and neglect in programs that advocate for and serve people with disabilities. Each state has a P&A.
Advocacy groups solicited incident reports from 10 mental and behavioral health facilities across the state, a broad request aimed at identifying potential patterns and trends. However, the state refused to hand over the report, claiming the group did not provide “probable cause” to launch an organized investigation and was conducting a “fishing expedition.”
In 2016, the Justice Department sued Mississippi for failing to provide adequate, community-based mental health services. U.S. District Judge Carlton Reeves sided with the federal government last year, ordering states to comply with a reform plan overseen by a special committee. monitor.
Disability Rights sued the agency in November after months of negotiations over the record.
Tribble was surprised that a lawsuit was necessary. Her organization has always had a good relationship with the Department of Mental Health, she said.
Wednesday morning, Disability Rights staff used the new system to access incident reports for the first time, but there are still some technical issues to resolve.
“Our intention was not only to look at the reports and see if there were patterns of abuse by specific staff members, but also to see if staff shortages were affecting incidents.” I think so, but we don’t know.”
The Justice Department filed an entourage of legal counsel with advocacy groups in March.
“During routine surveillance activities, DRMS advocates have found evidence of understaffing, unreported incidents, patient neglect, non-use of COVID protocols, precautions taken by onsite staff, staff resident injuries and incidents, etc. , we observed a troubling problem,” said Brief. “Most importantly, the existence of incident reports involving particular individuals inherently indicates that an extraordinary event involving those individuals, such as an error or omission of harm or care, has occurred.”
A Justice Department spokesperson declined to comment for this article.
Attorneys in the Attorney General’s Office represented the Department of Mental Health in the lawsuit.
Michelle Williams, chief of staff to Attorney General Lynn Fitch, said in a statement, “The state remains committed to providing mental health and substance use services to Mississippians who need them, and we are committed to this case. I’m glad you were able to reach a resolution.
Earlier this year, the advocacy group settled a separate lawsuit with the Mississippi State Hospital’s forensic department after denying a request for records related to the department. They are not fit to stand trial. The organization received reports of abuse and wanted to investigate.
Tribble said the settlement also allowed her organization to obtain the records it had originally sought.
The Department of Mental Health has said it is abiding by court-ordered settlement agreements and seeking to expand mental health services in the community, but state attorneys general still oppose the ruling. Appealing to the district court of appeals, the agency has already provided the necessary services, and Mr. Reeves has unconstitutionally established “permanent federal oversight” of state agencies.
Oral argument is tentatively scheduled for the week of October 3.
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