The North Carolina General Assembly passed progressive legislation in 1999 to regulate the use of seclusion and restraint interventions. Rules to implement the law were developed through a two- year review process. These rules are scheduled to go into effect in April 2003.

NAMI North Carolina advocates that the rules to implement the seclusion and restraint legislation be implemented on schedule and we will monitor the implementation process. We urge that the Department fully support implementation through training activities and other communication with providers impacted by the rules. NAMI North Carolina will monitor the activities of the General Assembly to ensure support of the rules and legislation.

A fundamental right should be the right to appeal any decision to deny, reduce, or terminate services through an administrative process and/or the court system (not just to the agency making the decision). The process for appeal should be the same, regardless of how services are being paid for. Currently, individuals who receive services paid by private insurance or by Medicaid have a right to appeal a denial, reduction, or termination in services not only to the area program but, if necessary, to the state and the office of administrative hearings (OAH). However, individuals who do not have a public or private health benefits program do not have such a right. These individuals can only appeal to the area program that made the decision.

As part of the mental health reform process a committee, including consumers and families, developed recommendations to establish a uniform system of appeal for all service recipients, including the right to appeal to the state OAH. There has been no response to this report. This is a central component of a strong clients rights system that must be established to protect individuals.

NAMI North Carolina urges that the Division accept and implement the committee recommendations for a uniform appeals process. NAMI North Carolina will continue to advocate for the establishment of a strong and comprehensive client rights system as an integral part of reform efforts.