2/5/02

NAMI North Carolina, 309 West Millbrook Road, Suite 121, Raleigh, NC 27609
Contact: Beth Melcher, Director Government Relations
Phone: 919-788-0801 or 919-637-7196 Email: bmelcher@naminc.org

NAMI North Carolina, the state’s largest grassroots organization representing individuals with mental illness and their families, filed suit in Superior Court February 1, 2002 against the Department of Health and Human Services alleging failure to protect people with disabilities who are restrained and secluded in state and community facilities. Specifically, the suit claims that the state has failed to implement House Bill 1520 passed during the 1999-2000 Session of the General Assembly to regulate the use of seclusion and restraint techniques. The law was passed in the aftermath of media investigations into the deaths of individuals who were receiving mental health services. "Placing someone in restraint is extremely dangerous" says Beth Melcher, Director of Government Relations for NAMI North Carolina. "We must train people on how to use these restrictive techniques but more importantly, how to take actions to avoid having to use them at all. That was one of the main reasons the law was passed in the first place."

The Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services adopted a package of implementing rules in September, 2001. The Department of Health and Human Services has refused to submit that package of rules for final approval. "What we have right now is confusion and chaos," says Melcher. "Even though the commission has adopted permanent rules, these rules have not been put in place, and no one is exactly sure what the requirements are."

Although large facilities regulated by the federal Medicaid program must meet federal requirements for the use of restrictive techniques, the rules strengthen these requirements by adding further state protections. In addition, an increasing number of individuals with disabilities are being served in community settings such as group homes or apartments with services provided by individuals who do not have a professional license. Without enactment of the rules package there is no training requirement for these individuals many of whom work part-time, earn low wages, and have a limited experience working with this population. The state has proposed a reform plan for the MH/DD/SA system to dramatically increase community-based services. NAMI North Carolina supports that move but not if it means that people are put in danger because caregivers aren’t appropriately trained.

The rules passed by the Commission in September would have required all facilities to meet basic training standards as well as require staff competence in the proper use of and alternatives to seclusion and restraint. The state has declined to file the approved rules because they claim they are unable to identify funds to implement the rules. Melcher questions those grounds. "Without requiring staff training and competence, we are jeopardizing the lives of people with disabilities. That’s shameful."

The lawsuit, filed by Carolina Legal Assistance and the Governor’s advocacy Council for Persons with Disabilities, seeks an injunction requiring the state to enforce the law to ensure the safety of individuals with disabilities who are subject to seclusion and restraint.