Attorney hopes DOJ puts ‘money where its mouth is’ to help Missouri with mentally ill patients

2024-07-09
Attorney hopes DOJ puts ‘money where its mouth is’ to help Missouri with mentally ill patients

Uncovering the Systemic Challenges in Missouri's Mental Health Care System

A recent U.S. Department of Justice report has shed light on the alarming state of mental health care in Missouri, revealing a troubling pattern of violations of the Americans with Disabilities Act. The report, based on an 18-month investigation, highlights the state's failure to provide community-based services to individuals with mental illness, instead relying heavily on nursing homes as the primary care option.

Exposing the Gaps in Missouri's Mental Health Care Landscape

Nursing Homes as the Default Solution

The report reveals that in some Missouri nursing homes, more than 80% of the residents have been diagnosed with bipolar disorder or schizophrenia. This overreliance on nursing homes as the primary care setting for individuals with mental illness is a clear violation of the Americans with Disabilities Act, which mandates that individuals with disabilities be provided with the least restrictive environment possible.

Lack of Community-Based Services

The investigation found that Missouri is failing to provide adequate community-based services to individuals with mental illness, leaving them with limited options for care outside of institutional settings. This lack of community-based support systems has forced many individuals to seek care in nursing homes, which are often ill-equipped to address their specific mental health needs.

Systemic Challenges and Funding Gaps

According to Jefferson City Attorney Harvey Tettlebaum, who represents the Missouri Healthcare Association, the report fails to address the deficiencies of the federal agencies involved, such as the Centers for Medicare and Medicaid Services, which have taken a "hands-off position" in addressing the underlying problems. Tettlebaum also argues that the report does not provide recommendations for Missouri to address the issue, and that the current care provided in nursing homes is necessary due to the lack of sufficient funding for transitional care in non-institutional settings.

The Olmstead Ruling and the Least Restrictive Environment

The report's findings raise questions about Missouri's compliance with the Supreme Court's Olmstead ruling, which established the principle of the "least restrictive environment" for individuals with disabilities. Tettlebaum questions whether the goal is to improve care for individuals with serious mental illness or to simply issue a "press release criticizing the state" without providing the necessary resources and support.

The Path Forward: Collaboration and Accountability

The path forward for addressing the systemic challenges in Missouri's mental health care system will depend heavily on the federal government's willingness to take a more active role. Tettlebaum suggests that the report's criticisms and raised expectations cannot be met without a significant increase in state funding and a more collaborative approach between state and federal agencies.As the investigation continues and the report's findings are further scrutinized, it is clear that Missouri's mental health care system is in dire need of reform. The state must work closely with federal partners to develop a comprehensive, community-based approach that prioritizes the well-being and dignity of individuals with mental illness, ensuring they have access to the care and support they deserve.

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