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MO P&A Wins Battle for Department of Mental Health Documents

MO P&A won a major battle when a federal court ruled that the (Department of Mental Health) DMH had to turn over its documents concerning the death of a patient who had resided at its Fulton State Hospital facility.   "This is a great victory for MO P&A and the individuals we serve," said MO P&A Staff Attorney Erica Stephens.  

The grueling fight for the peer review papers began after MO P&A received an anonymous call about the death of a resident at Fulton State Hospital.  Jackie Haywood, a MO P&A Advocacy Specialist, was originally assigned the case.  Upon her request, the DMH provided MO P&A with investigative reports concerning the death, but refused to give access to its "peer review" documents.   The documents (in this case a Mortality and Morbidity Report) would include a critique by doctors not involved with the treatment of the patient, detailing any flaws in his treatment that resulted in his death and could have been prevented.  "I knew how important those documents were in this case," said Haywood.

In June 2002, the MO P&A Litigation Review Committee recognized the value of the papers as well and chose to accept the case for litigation.  Ms. Stephens was then assigned the case.  She too made requests to the DMH to gain access to the reports and cited federal statutory and case law that give MO P&A access to the peer review documents.  After the DMH refused to turn over this report, thus inhibiting the ability of MO P&A to fully investigate the death of the resident and determine whether it was a result of abuse and neglect, MO P&A filed a lawsuit to obtain the records.

It was the position of the DMH that state law prohibited the release of these "peer review" documents.  However, Ms. Stephens successfully argued that the PAIMI Act gives protection and advocacy systems access to peer review documents, regardless of state law.  She also argued that P&A systems must have such access if they are to fulfill their mission to investigate and ensure corrective action where abuse and neglect maybe have resulted in the deaths of patients held in state facilities.  

On February 1, 2005, the federal court issued its Order, directing that the Department of Mental Health should "immediately" turn over the "peer review" record to MO P&A so that it could complete its abuse and neglect investigations.  However, before MO P&A could obtain the records, the Department of Mental Health appealed the matter, seeking not to provide the records to P&A until a federal appeals court makes a final decision.  

MO P&A believes that the federal judge who ruled in its favor is correct, that by law MO P&A has access to the "peer review" records, and that this ruling will be upheld on appeal.  This was a great victory for MO P&A.  It also put the state on notice that they cannot hide behind state laws to deny MO P&A access.  For more information about MO P&A, contact us at 800-392-8667 or visit us on the web at www.moadvocacy.org.

New Investigative Monitoring Unit

Missouri Protection and Advocacy Services (MOP&A) is a nonprofit law firm established to protect the rights of Missourians with disabilities. A core component of P&A's federal mandate is the discovery and prevention of abuse and neglect effecting individuals with mental illness and developmental disabilities.  MO P&A is authorized and required to pursue legal, administrative and other appropriate remedies to protect and advocate for the rights of eligible individuals and to investigate suspected incidents of abuse and neglect. [Under the Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. 10801-10851) as amended by the Children's Health Act of 2000 (Public Law 106-130), and the Developmental Disabilities Assistance and Bill of Rights Act of 2000, Subtitle C- Protection and Advocacy of Individual Rights (Public Law 106- 402)]

For that reason, MO P&A has initiated a new Investigations Monitoring Unit (IMU). The term monitoring refers to the practice of making on-site visits to habilitation centers, psychiatric hospitals, group homes, sheltered workshops, and other facilities to determine, by direct observation, the general degree of compliance or non-compliance with standards at that residential facility.  The focus of monitoring is to detect if abuse and neglect is occurring. MO P&A Advocacy Specialist Matt Easter stated "the IMU is helping MO P&A take a proactive stance in pursuing its mission of protecting the rights of individuals with disabilities." With this in mind, it is unnecessary for MO P&A to have probable cause when monitoring a facility.

Some of the areas that may be monitored in a visit are: activities/programming, dietary services, individuals rights, patient care, policies and procedures, safety conditions, and sanitary conditions.

For more information about the new IMU, contact MO P&A at 1-800-392-8667, TDD 1-800-735-2966.