SAVE
THE DATES
October 26, 2006 - MHANYS
Annual Awards Dinner
This annual evening event allows us to recognize the accomplishments
of Mental Health Association and our other colleagues in the
mental health community throughout the state.
October 27, 2006 – MHANYS 2006 Fall Conference
Speakers and workshops will take place from 9 a.m. to 4 p.m.
Conference will feature bestselling author of
Lincoln’s Melancholy,
Joshua Wolf Shenk
Events Will Take Place at the Wolf Road Marriott Hotel, Albany,
NY
CONTENTS:
-
FIVE RESIDENTS OF BROOKLYN MANOR ADULT HOME DIE IN VAN ACCIDENT
by Glenn Liebman
- EFFORT TO ‘BOOT THE SHU’ NEEDS LETTERS OF SUPPORT,
SIGNED PETITIONS, AND STRONG SHOWING IN ALBANY ON JULY 25TH
- MENTAL HEALTH HOUSING WAITING LIST LEGISLATION EXPECTED
AT GOVERNOR’S DESK AUGUST 4TH – LETTERS OF SUPPORT
NEEDED
- GARY O’BRIEN CONFIRMED AS CHAIR OF THE NYS COMMISSION
ON QUALITY OF CARE AND ADVOCACY FOR PERSONS WITH DISABILITIES
by Glenn Liebman
- BURDEN OF PROOF LEGISLATION SENT TO GOVERNOR
- IN THE NEWS
FIVE
RESIDENTS OF BROOKLYN MANOR ADULT HOME DIE IN VAN ACCIDENT:
by Glenn Liebman
Like
everyone else, I was saddened to read about the horrific accident
that claimed the lives of five adult home residents from Brooklyn
Manor. In recent years, adult homes that house people with
psychiatric disabilities have been much more in the news than
they have in the past. There have also been greater efforts
both in the advocacy community through the New York State
Coalition for Adult Home Reform (NYSCAHR), state government
and the legislature to help reform adult homes.
When
I ran the adult home initiatives program at the Department
of Health, my goal was to work with the state agencies to
engender the notion of recovery to individuals in adult homes.
So many people in these homes have been ignored for so many
years that their ‘quality of life’ was measured
by what was for supper as opposed to “how can I get
a job” or “how can I go back to school.”
The
sea change for adult home residents must be two fold---A)
A system of care must be created that rewards people in adult
homes who are integrated in the community through school,
work, improvement of ADL skills and other recovery oriented
programs; B) Peer Programs must become more prevalent in adult
homes. People do better when they see how peers in similar
circumstance have been able to overcome hurdles and live productively
in the community. In addition, services like those offered
by the Coalition for Institutionalized and Aged Disabled and
Mental Hygiene Legal Services must be well funded so that
residents of homes feel empowered and safe from intimidation.
Greater
capacity for housing models for adult home residents must
become available. Individuals who choose to live in different
settings should have those options available to them.
The
most important part of my job at the Department of Health
was to go to adult homes and hear what the residents had to
say. We spoke to hundreds of residents in these forums and
they wanted what we all want---the ability to live productive
lives, have a social network and feel safe.
As
we mourn the lives of these five individuals, I can’t
help but think of those hundreds of people that we spoke to
who want to desperately improve their lives. As advocates
with a multitude of issues to work on, we must continue to
prioritize those individuals in adult homes whose lives will
dramatically improve with advocacy targeted to their ‘quality
of life.”
Articles
on this tragedy follow below in the In The News section.
EFFORT TO ‘BOOT THE SHU’ NEEDS LETTERS OF SUPPORT,
SIGNED PETITIONS, AND STRONG SHOWING IN ALBANY ON JULY 25TH:
Now that the Senate has joined the Assembly in passing the
legislation that would ban the use of solitary confinement
for prisoners with psychiatric disabilities, the next step
for the bill is to be sent to the Governor’s office,
which is expected to take place on August 4th.
Letters
in support of this legislation must be sent to the Governor
to demonstrate the strong grassroots support for the effort
to ‘Boot the SHU’. Following below is a draft
letter that can be changed or edited to your liking, that
we urge you to send to the Governor, as well as fax to his
office at 518-474-1513.
In
addition, Raymond Ortiz, with the Urban Justice Center, is
collecting signatures on petitions which will be delivered
to Governor Pataki to urge him to sign this legislation. The
petition is attached to this e-mail. Completed petitions can
be faxed to Ray at (212) 533-4598.
Lastly,
advocates for ending the use of solitary confinement for prisoners
with mental health needs will converge in Albany on July 25th
to tell the Governor to ‘Boot the SHU’. All are
welcome to attend, and buses from NYC will be available for
those who want to go to Albany. Buses leave from Howie T.
Harp at 6:30 a.m. on July 25th. Reservations are available
by contacting Jennifer (JJ) Parish at 646-602-5644 or jparish@urbanjustice.org.
A light breakfast and lunch will be served.
Following
below is the draft letter we encourage everyone to send to
the Governor.
Governor
George E. Pataki
Executive Chamber
State Capitol
Albany, N.Y. 12224
Dear
Governor Pataki:
I
am writing to strongly urge you to sign A.3926 / S.2207 into
law, to provide appropriate treatment and programming for
inmates with psychiatric disabilities who would otherwise
be confined in disciplinary housing.
Under
the current system, inmates who do not conform to prison rules,
often times resulting from actions caused by their mental
condition, are placed in disciplinary confinement. This isolation
frequently leads to further mental deterioration and eventual
hospitalization of inmates with mental health needs. Such
confinement consists of spending 23 hours per day in a barren,
concrete cell experiencing sensory deprivation, social isolation
and enforced idleness. These conditions are harmful to anyone’s
mental health and devastating to people who already have a
psychiatric disability.
This
legislation will provide positive changes not only in the
treatment and housing provided to inmates with psychiatric
disabilities, but will significantly improve correctional
facility operations, as well. This will be achieved through
specialized mental health training for correction officers,
to enable them to safely and effectively interact with and
identify inmates with mental health needs. In addition, by
providing proper treatment to inmates with mental health needs,
rather than placing them in an environment that exacerbates
their illness, this will lead to lower rates of recidivism,
prison sentences that are not lengthened due to behavioral
or disciplinary issues, and will significantly save the state
money.
A.3926
/ S.2207 represents a ‘win-win’ for New York State
because it would significantly improve the treatment provided
to inmates with psychiatric disabilities and result in a safer
and less costly correctional system.
MENTAL
HEALTH HOUSING WAITING LIST LEGISLATION EXPECTED AT GOVERNOR’S
DESK AUGUST 4TH – LETTERS OF SUPPORT NEEDED:
As is the case with the legislation to ‘Boot The SHU’,
the legislation which would establish a waiting list of individuals
with psychiatric disabilities in need of housing has also
passed both houses of the legislature. This bill is also expected
to be sent to the Governor for his consideration on August
4th. However, in recent meetings with the Governor’s
staff, advocates have heard that very few letters of support
have been received on this bill. This makes the prospects
for this bill’s enactment into law much more difficult.
We need to produce a number of letters that send a strong
message that this bill is a priority to all of us in the mental
health community. We strongly encourage everyone to write
a letter to the Governor to urge him to sign this bill into
law.
Following
is a draft letter which can be adapted as needed, which we
hope everyone will send to the Governor at the address below,
and fax to his office at 518-474-1513.
Governor
George E. Pataki
Executive Chamber
State Capitol
Albany, N.Y. 12224
Dear
Governor Pataki:
I
am writing to urge you to sign S.3653-a/A.2895-a into law
to establish a community housing waiting list for New Yorkers
with psychiatric disabilities.
Currently,
there is no central, statewide list of individuals with psychiatric
disabilities in need of housing. This population of people
includes homeless individuals with psychiatric issues, youth
with mental illness aging out of the foster care system, individuals
discharged from the psychiatric centers, people with psychiatric
disabilities who choose to move out of adult homes, people
with forensics history and people living with psychiatric
disabilities living with aging family members.
New
York State has a solid record of developing housing for people
with mental health needs, demonstrated most recently by the
establishment of the New York/New York III agreement, which
will provide for over 5500 additional housing units in New
York City for individuals with mental illness at risk of homelessness.
While these efforts, and the efforts of individual not-for-profits
and other governmental units, to address the widely recognized
need for additional housing are laudable, a more comprehensive
approach is necessary to appropriately identify this need.
Without such information, accurate planning to address this
housing need is little more than an educated guess, rather
than being based on factual numbers.
New
York was the trend-setter years ago when it created a waiting
list for individuals with developmental disabilities, which
justified the establishment of the highly regarded and nationally
replicated New York State Creating Alternatives in Residential
Environments & Services (NYS-CARES) program for people
with developmental disabilities. We believe that individuals
with psychiatric disabilities deserve the same opportunities
to find appropriate housing that have been afforded to those
with developmental disabilities and mental retardation.
Without
a waiting list, New York State will be unable to accurately
plan to meet this need, and be forced to continue to fund
more expensive forms of housing, rather than finding properly
identifying the need and dedicating resources appropriately.
Therefore, we urge you to sign S.3653-a/A.2895-a into law
and establish the long-overdue community housing waiting list
for New Yorkers with psychiatric disabilities.
GARY O’BRIEN CONFIRMED AS CHAIR OF THE NYS COMMISSION
ON QUALITY OF CARE AND ADVOCACY FOR PERSONS WITH DISABILITIES:
by Glenn Liebman
In
the hopes that it would not get lost in the chaos of the end
of session Mental Health Updates, we held off on including
news of Senate’s action in late June to confirm Gary
O’Brien for another term as the Chair of the NYS Commission
on Quality of Care and Advocacy for Persons with Disabilities.
Under
Chairman O’Brien’s tenure, CQCAPC has been an
outstanding voice on behalf of New Yorkers with disabilities
in pointing to areas where work is needed to improve the lives
of those living with disabilities. Perhaps most prominent
is CQCAPD’s long-standing advocacy for adult home residents
living with mental health needs, dating back years before
it became highly publicized by a series of exposes in the
New York Times.
In
my capacity, both inside and outside of government, I have
worked very closely with Gary and he is a man of great conviction
and compassion – we very much look forward to working
with him in the years to come.
Following below is the press release announcing Gary O’Brien’s
confirmation:
THREE
MEMBERS OF STATE OVERSIGHT AGENCY CONFIRMED;
GARY O'BRIEN RE-DESIGNATED AS CHAIRMAN
Governor
George E. Pataki's re-nomination of Gary O'Brien, of Latham,
as a member of the NYS Commission on Quality of Care and Advocacy
for Persons with Disabilities, has been confirmed by the State
Senate for a term to run through 2009. The Governor also re-designated
O'Brien as chairman of the Commission. Confirmed for their
first terms as members of the Commission were Bruce G. Blower,
of Huntington, and Patricia Okoniewski, of Fulton.
"Gary O'Brien has sustained a deep and enduring commitment
to assisting our state's citizens with disabilities as they
live lives to the fullest extent possible," Governor
Pataki said. "I know Bruce Blower and Patricia Okoniewski
will continue their previously demonstrated commitment and
dedication to further advocacy for all New Yorkers with disabilities."
In
1998, O'Brien was named to chair the Commission on Quality
of Care for the Mentally Disabled, which in April of 2005
merged with the State Office of Advocate for Persons with
Disabilities to become a single agency responsible for oversight
and advocacy on behalf of individuals with disabilities. Prior
to that, O'Brien was a Carmelite priest for over 20 years,
including a term as provincial superior. He holds a B.A. from
Marquette University; M.A.'s from the Washington Theological
Union and the University of Notre Dame; and a doctorate from
the Catholic University of America.
Gary O'Brien said, "I am grateful to Governor Pataki
for his continued confidence in me and his unwavering support
for the mission of the Commission. I look forward to working
with the Chamber, my colleagues in other state agencies, the
Legislature, and New Yorkers with disabilities in the years
ahead."
Bruce Blower, a disabled veteran, has been director of the
Suffolk County Office for the Handicapped for 25 years, was
a Governor's appointee to the State Hospital Review and Planning
Council, a former chair of the State Education Department's
Office of Vocational and Educational Services for Individuals
with Disabilities' State Rehabilitation Council, and previously
chaired the Advisory Council for the former State Office of
Advocate for Persons with Disabilities.
Patricia Okoniewski is a certified family nurse practitioner,
the past president of the NYS Association of Boards of Visitors,
and a longtime member of the Board of Visitors of Hutchings
Psychiatric Center.
The NYS Commission on Quality of Care and Advocacy for Persons
with Disabilities is an independent oversight responsible
for monitoring and advocating for quality of care and individual
rights in facilities and programming for New York State's
citizens with disabilities. Its office is located at 401 State
Street, Schenectady, New York.
BURDEN OF PROOF LEGISLATION SENT TO GOVERNOR: MHANYS
has lent its support to the legislation designed to reinstate
the burden of proof in impartial special education hearings
on the school districts, and urge you to sign this legislation
into law. This legislation, explained in more detail in the
letter below, has also passed both houses of the legislature
and was delivered to the Governor on July 14th. Following
below is the letter MHANYS wrote to Governor Pataki to urge
him to sign this legislation into law. We urge that you consider
writing your own letter or using ours as a template, faxing
it to Governor Pataki at 518-474-1513 and sending it to him
at the Capitol address.
July 11, 2006
Governor
George E. Pataki
State Capitol
Albany, NY 12224
Dear
Governor Pataki:
On
behalf of the Mental Health Association in New York State,
Inc., I am writing in support of legislation (A.11965 / S.8354)
that would reinstate the burden of proof in impartial special
education hearings on the school districts, and urge you to
sign this legislation into law.
Ever
since the inception of special education 31 years ago, school
districts have had to bear the burden of proof in impartial
special education hearings. This was done so an attempt to
level the playing field, given the overwhelming advantage
school districts have over parents in legal, informational,
personnel and financial resources.
However, due to the Supreme Court’s decision in Shaffer
v. Weast (2005), the burden of proof in such hearings will
now be borne by the parents of children with special needs
instead of the school district. This legislation is intended
to return the burden of proof to the school district to compensate
for the disproportionate advantage they have over parents
with little resources, financial or otherwise. While many
states have recognized the problem that arises from this court
decision, nine have already taken action to enact law to return
the burden to school districts.
A.11965 / S.8354 would restore New York’s sound policy
of placing the burden of proof on school districts and we
urge to sign this bill into law to protect NY’s most
vulnerable families and their children.
Sincerely,
Glenn Liebman
CEO
IN THE NEWS:
Timothy's
Law —er, Agreement. By Laurie Nikolski
The Journal News Editorial, July 9, 2006
They
won. Sort of. I think.
We're
well into July, and most state lawmakers have long since scattered
to the winds, or at least dryer climates. For people with
mental illness and emotional disabilities, and their advocates,
the Albany crowd left behind hope. And bewilderment.
It
was high drama to which only a few were privy. At the 13th
hour of the legislative session late in June, state legislators
came to agreement on probably the top health-rights issue
in New York: insurance parity for mental illness. After years
of resistance and bowing to business interests, the GOP-dominate
state Senate agreed with the Democratic-led Assembly that
medical coverage and treatment for people with mental disorders
should be on a par with physical ailments. Sort of. I think.
News
stories, and rumors, had see-sawed until the bitter end: Compromise,
maybe. Nope, dead bill. No, flicker of hope. Wait —
could it be? Compromise bill. Just not in time for real passage.
The session ended, but not to worry, lawmakers assured us:
They'll be back later this year, sure to pass Timothy's Law
Light. Outgoing Gov. George Pataki may, just may, sign it.
Lawmakers'
pride ran deep. Advocates — who had run a stubborn grass-roots
campaign to convince them that securing mental-health coverage
was both the practical and moral thing to do — cheered
the deal as major progress. Majority Leader Joseph L. Bruno,
who had stood in the way for so long, crowed in his official
Senate press release: "Mental illness can result in tragedy
if it is not properly treated, however many families do not
have access to the proper treatment. This agreement would
provide parity in coverage and would help people get the treatment
they need.''
Um.
Sort of.
Thomas
O'Clair went home to Schenectady exhausted. Timothy's Law
is named after his son, a 12-year-old boy who took his life
in 2001. His parents had used up their insurance benefits
to try to get him help, eventually giving up custody of the
boy to the state so he could get better treatment via Medicaid.
Even that desperate tactic didn't save his life. So ever since,
Thomas O'Clair has been fighting alongside groups like the
Mental Health Association in New York State for a parity law.
This year, they turned up the heat under state senators, all
of whom are up for re-election this fall.
What,
exactly, was won? After all, as Gannett News Service reported
in the waning days of the session, "Business groups and
insurance companies have mounted strong opposition to Timothy's
Law. The Conference of Blue Cross and Blue Shield Plans has
said passage of the bill could mean long-term, possibly lifelong,
unlimited treatment.''
Did
those gosh-darn scheming mentally ill people actually get
long-term, unlimited treatment? No. If you can make heads
or tales of the bill that didn't officially pass yet, it seems
they may get out of insurance policies
•
Hospitalization for mental illness for up to 30 days a year;
•
Up to 20 visits annually with a psychotherapist;
•
Lower copays for some treatments.
Not
to worry: The powerful business sector won, too. After all,
The Business Council of New York State had warned legislators
on its Web site of dire consequences if Timothy's Law passed
as envisioned. "The Business Council respectfully opposes
(its) enactment . . . because increasing the cost of insurance
benefits is not healthy for businesses or families.''
More
ominously, the council's legislative memo concludes with a
nudge in lawmakers' ribs: "This legislation will be included
as one of the scoring measurements . . . (in the) Council's
annual assessment of legislators' action on key issues of
concern to the state's business community.''
In
other words, our business people vote more than your mentally
ill ones. And don't you forget it.
So
the Senate got clever. The bill — sorry, make that agreement
— calls for the state to cover any extra cost for businesses
in New York that have 50 or fewer employees. The estimate
for that coverage: around $50 million a year.
Yet
the creativity didn't stop there. For a while lawmakers tossed
around the idea of letting insurance companies decide what
types of mental illness was covered. This is like letting
teens decide which chores they would like to do.
Then
legislators took the matter in hand. They — not doctors,
not therapists, not researchers — defined what Timothy's
Agreement would cover: "biologically based mental illness,''
Bruno's office wrote, including "Schizophrenia/physchotic
(sic) disorders, Major Depression, Bipolar Disorder, Delusional
Disorders, Panic Disorder, Obsessive Compulsive Disorder,
Bulimia, Anorexia and Binge Eating.''
Not
covered, the press release failed to point out: treatment
for addictions. Elected officials apparently are sure that
binge eating is "biologically based,'' but drug and alcohol
addictions are not? Never mind that the federal government
estimates that there are more than 10 million Americans who
have "co-occurring'' mental illness and substance-abuse
disorders. And some of them may live in New York. It will
be entertaining to see how treatment providers bill those
patients.
Finally,
lest anyone think they went too far, the legislators built
in extra protections The would-be law will sunset after two
years, during which time two state departments, Insurance
and Mental Health, will study the "effectiveness and
impact'' of mental-health parity here and elsewhere.
Rest
assured, though: State lawmakers did not cave on one compromise
that had floated through the chambers: not covering children.
See, if they had done that, then they would have to rename
Timothy's Law after a grown-up. Or themselves.
Decriminalizing Mental Illness
The New York Times Editorial, July 16,
2006
The
institutions that once cared for people with severe mental
illnesses were largely closed down during the deinstitutionalization
movement that swept the country in the 1960’s and 70’s.
Now mentally ill people who commit crimes or create public
disturbances often go straight to jail, where they receive
little treatment and where their symptoms usually get worse.
Inmates
who suffer from delusions or hallucinations, and who break
prison rules because they cannot follow simple instructions,
find themselves in even deeper trouble, landing in “disciplinary
lockdown” — solitary confinement in many cases.
There they deteriorate rapidly, sometimes mutilating themselves
or even taking their own lives.
Moreover,
mentally ill inmates are easily victimized by other inmates
and goaded into fights and rule-breaking. Since disruptive
behavior can draw extended sentences, mentally-ill prisoners
may end up serving more time — and hard time at that
— than nondisabled prisoners who have committed comparable
crimes. One report found that inmates who suffered from serious
mental illnesses spent six and half times longer in disciplinary
units than other inmates generally.
New
York State has been complicit in this kind of suffering for
far too long. But the State Legislature has at last passed
a law, which Gov. George E. Pataki should sign, that would
mandate better care for mentally ill inmates and prevent corrections
officials from banishing those who suffer from serious mental
illnesses to solitary confinement.
The
need for a new approach was underscored in a startling report
by the Correctional Association of New York. The study found
that the mentally ill prison population had grown at three
times the rate of the general prison population. It also found
that prison officials were routinely using solitary confinement
to control mentally ill prisoners.
At
the time of the study, nearly a quarter of the inmates in
disciplinary confinement — held in cramped cells 23
hours a day — were mentally ill. More than 40 percent
reported they had tried suicide and more than a third reported
self-mutilation.
The
suffering does not end there. After completing their sentences,
the mentally ill are typically dumped onto the streets. Lacking
access to drugs or treatment that could control their symptoms,
they create more disturbances, posing a danger to the community
as well as to themselves, and are swept right back through
the revolving door into prison.
In
addition to outlawing solitary confinement for those with
serious mental illnesses, the law would require the prison
system to expand residential mental health treatment programs
and provide better training for corrections staff, and would
give mental health professionals more influence in deciding
treatment options.
This
will clearly cost money. But the program would pay for itself
by shortening the stay for mentally ill inmates and by making
it possible for more of them to stay out of prison once released.
And it will reduce disruption inside the prisons, making them
safer for both staff and inmates.
Five Die, Trapped in a Burning Van. By Richard
Perez-Pena
The New York Times, July 13, 2006
Five
residents of one of the state’s most troubled adult
homes for the mentally ill burned to death yesterday afternoon
when a van carrying them back to the home slammed into a tree
and exploded in flames in a remote corner of Queens, the authorities
and witnesses said.
None
of the passengers in the van, including four other residents
who were injured, were wearing seat belts, the authorities
said, and a review of the driver’s records shows that
his license was suspended. The nine passengers were residents
of Brooklyn Manor, which New York State’s Department
of Health had tried repeatedly to shut down or take over after
a long string of abuses.
Heading
north on Cross Bay Boulevard shortly after 3 p.m. yesterday
in a desolate stretch of scrub and trees surrounded by the
marshes of Jamaica Bay, the van veered off the road and crashed
so hard into the trunk of a tree that the engine was forced
back into the passenger compartment. The Queens district attorney,
Richard A. Brown, who went to the scene, said the van had
been going at “a high rate of speed.” The posted
speed limit is 40 miles per hour.
The
van immediately erupted into a fireball, flames leaping as
high as the top of a nearby telephone pole, and the driver
tumbled out with a large flap of burnt skin hanging from his
arm, witnesses said. Two drivers and a bicyclist stopped to
help and saw a passenger inside, “pounding on the door
for his dear life,” pleading to be let out, said one
of the drivers, Michael Hickey.
After
opening the door and letting two passengers out, the rescuers
found the rest in a pile of bodies, thrown forward, entangled
with one another and the wreckage that encased them. Mr. Hickey
said he and the other passers-by pulled a very obese man from
atop a small woman whose head was wedged between pieces of
metal. They then freed the woman and pulled her out, discovering
that her leg was broken, Mr. Hickey said.
“The
fire had engulfed the entire van” by then, he said.
“It was just building and building and building. My
hair was getting burned.”
They
could see — but could not reach — others farther
back in the van who were apparently trying to escape, he said.
“They were just grabbing and making movements,”
saying things that were unintelligible, he said. “They
were being burned alive. I could tell they were conscious
because they were moving around.”
William
Volpe, who came upon the scene driving a New York City Transit
bus, said that one van passenger, appearing relatively unhurt,
stammered, “A car cut us off and we hit the tree.”
Mr.
Volpe said, “I saw the bodies in there cooking.”
The
fire burned so hot that afterward, much of the van was a sooty,
black mass.
Law
enforcement officials and Brooklyn Manor residents identified
the five people pronounced dead at the scene of the accident
as Jose Alvarez, 55; Miguel Cruz, 56; Mario Gonzalez, 58;
William Smith, 69; and James Lawson, 79. The survivors were
Jean Hastik, 60, who was taken to the burn unit at NewYork-Presbyterian/Weill
Cornell hospital in Manhattan; Carl Harkins, 44, and Jose
Prieto, 56, who were taken to Mary Immaculate Hospital in
Queens; and Sheldon Wilson, 41, who was taken to Jamaica Hospital
Medical Center in Queens.
The
van was operated by Instant Ambulette Inc., of Inwood, N.Y.,
according to officials at Peninsula Hospital Center in Far
Rockaway, which had hired the company.
Law
enforcement officials identified the driver as Guy Thelemaque,
55. He was listed in stable condition last night at NewYork-Presbyterian/Weill
Cornell hospital. Information on the conditions of other survivors
was unavailable last night.
Mr.
Thelemaque had a commercial license to drive one class of
vehicle and a permit for another class, but both had been
suspended, according to State Department of Motor Vehicles
records. Those records showed that he had had 11 suspensions
or citations over the past three years, most recently a suspension
on June 26 for failure to appear in court to answer a summons.
“We
are still investigating whether this is just a tragic accident
or something that involves some criminality,” said Mr.
Brown, the district attorney.
Joe
DiMura, a spokesman for the State Department of Health, said
it would be investigating the circumstances of the accident
with other state and local agencies. He said it was not clear
what authority the department might have over the ambulette
company. But Instant Ambulette does a great deal of business
that is billed to Medicaid, well over $1 million a year, according
to state records, and the Department of Health generally does
oversee and regulate Medicaid service providers.
Efforts
to reach Instant Ambulette and its owners by phone last night
were unsuccessful.
The
passengers were returning to Brooklyn Manor after spending
about six hours at Peninsula Hospital Center, where they go
daily for medical monitoring, recreation and counseling, according
to officials at both institutions.
The
Brooklyn Manor Home for Adults, a 216-bed home on Pitkin Avenue
in East New York, is one of several dozen homes for the mentally
ill in the city that have been established since the 1970’s,
when the state began reducing the population of its psychiatric
hospitals. Conditions in many of the homes were routinely
so bad that a few years ago, the state promised reforms and
greater oversight.
Brooklyn
Manor has long been known as one of the worst homes, according
to records and state officials. Over the years, its operators
have been cited for a number of violations and abuses that
included lack of heat, swarming flies, staff shortages, failures
to provide medical aid and employee assaults on patients.
Last year, a fire killed a resident in his bed.
The
adult home industry in general and many related businesses
have often been accused by regulators and advocates for the
mentally ill of abusing both the residents and the Medicaid
program. A few years ago, a home in Queens and a doctor were
found to have arranged unnecessary operations for residents
in order to bill Medicaid.
Before
any details of yesterday’s crash were made public, Tanya
Kessler, adult home project director at the Coalition of Institutionalized
Aged and Disabled, voiced concerns about ambulette companies.
“In some homes, we’ve heard a lot of complaints
about the van services speeding, not having seat belts, not
keeping appointments,” she said.
The
state has also come in for criticism as not policing the adult
homes and related services adequately. For years, the Department
of Health tried unsuccessfully either to close Brooklyn Manor,
or to force out its owner, Benito Fernandez, who is married
to a former state senator, Nellie Santiago. That Mr. Fernandez
prevailed in court showed how ineffectual the state was in
regulating the homes, advocates said.
On
July 1, Leon Hofman took over operation of Brooklyn Manor
from Mr. Fernandez, who still owns the building. A few years
ago, Mr. Hofman took over one of the most notorious homes
at the state’s urging, and conditions there have improved.
“The
tragic irony is that these people who died, good things were
in the offing for them with these new operators,” said
Harvey Rosenthal, director of the New York Association of
Psychiatric Rehabilitation Services. “Hofman really
is one of the better operators.”
Mr.
Hofman said yesterday that policies at the home were being
reviewed. “We will be making a lot of changes there,
and I am absolutely confident that we will make the place
better.”
Of
the accident, he said, “The only thing I can tell you
is that we are very saddened with the loss of life and we
are, at this point, in the fact-finding stages.”
Reporting
for this article was contributed by Michael Amon, Kareem Fahim,
Ann Farmer, Kate Hammer, Corey Kilgannon, Michael Luo and
Colin Moynihan.
Those They Lost: The Extrovert, the Loner, the Conversationalist,
a Joker and ‘Pops’. By Cara Buckley and
Kate Hammer
The New York Times, July 13, 2006
The
news passed from resident to resident, room to room, through
the dreary, fluorescent-lighted hallways of the Brooklyn Manor
Home for Adults. Five residents who had gone out on a routine
day trip were not coming back, and four more had been hospitalized
after being injured.
Days
at Brooklyn Manor bleed into each other, indistinct, residents
said. Many residents are heavily medicated for psychiatric
ills, health officials said. But for all the monotony and
routine that defines life at the home, residents provided
glimpses late yesterday of the unique people who were killed
when their van crashed on the way back from a hospital.
There
was William Smith, 69, who threw himself into activities and
programs. He was known as a friendly, cheerful presence at
the home, a well-liked man with a steady, gentle smile.
There
was Miguel Cruz, 56, known for his chattiness and a penchant
for cigars.
There
was Jose Alvarez, 55, a deeply private man who spent much
of his time standing outside the building by himself, smoking
cigarettes. “He was kind of a lonely guy,” said
Victor Diaz, another resident.
Mario
Gonzalez, 58, developed a reputation as a resident joker,
the in-house funny man bent on cracking other people up.
James
Lawson, 79, was the old man of the place, the one people called
“Pops.”
Residents
also provided distinct impressions of the four who were injured.
Jean
Hastik, 60, is known for her politeness and sweetness —
and her appetite for food and cigarettes.
Jose
Prieto, 56, carries a Bible wherever he goes. He is also sometimes
despairing, a friend said, and frequently grumbles about the
way residents are treated in the home.
Carl
Harkins, 44, is a burly man known for his deep fondness for
his Game Boy, as well as his great admiration for sitcoms
from the 1970’s, especially “Chico and the Man’’
and “Sanford and Son.”
Sheldon
Wilson, 41, has a booming voice that thunders through the
home’s halls, fellow residents said. He loves wrestling
and collects wrestling magazines.
Day
trips are coveted by people who live at Brooklyn Manor, its
residents said, because they break up the monotony.
Brooklyn
Manor residents who went to the Adult Day Health Care Center
at Peninsula Hospital Center in Far Rockaway had been referred
there by their doctors or social workers, according to Liz
Sulik, Peninsula Hospital’s director of external affairs.
Diabetics would get their blood tested. Some people underwent
counseling, or learned exercises or were taught healthy eating
habits, Ms. Sulik said. The program runs every day, and some
people had been going for 12 years, she said.
“There’s
socializing, mingling, people share experiences,” Ms.
Sulik said. “It’s not just people sitting around
playing cards.”
At
first, when the van carrying residents from Peninsula did
not show up, administrators at Brooklyn Manor assumed it was
merely late. Then television crews began arriving outside
the home, descending on residents who ventured from the building.
Some people cried at the news, others were silent, shocked.
“Many
people will feel the loss,’’ said Mr. Diaz, the
resident. “Usually death is a natural thing.”
Brooklyn
Manor has long been seen as one of the most troubled adult
homes in the city, with a long list of violations, such as
resident abuse, lack of heating and infestations of flies.
“There’s
been a lot of ups and downs there,’’ said Tanya
Kessler, a project director with the Coalition of Institutionalized
Aged and Disabled. “A lot of downs, honestly.”
Tales of Troubled Lives That Van Crash Cut Short.
By Cara Buckley and Kate Hammer
The New York Times, July 14, 2006
The
lives of most residents at the Brooklyn Manor Home for Adults
follow sorrowful trajectories. They arrive from homeless shelters,
prisons or, most often, psychiatric hospitals. Some are visited
by loved ones, others are long forgotten. Few choose to live
there, and many long to get out, away from what one adult
home advocate described as 'housing of last resort.'
When
asked what people at Brooklyn Manor have in common, Robert
Gardner, who heads the residents' council, said flatly, 'Our
families have given up on us.'
But
for all the sad stories that converge at Brooklyn Manor, few
have ended more tragically than those of the victims of a
van crash on Wednesday. The police are still investigating
the cause of the accident, in which a van returning from a
routine day trip hurtled off a road in Queens, smashed into
a tree and burst into flames.
Almost
all of the Brooklyn Manor residents who were killed or injured
had lived at the home for at least five years, according to
Mary Lagrasta, a longtime resident.
Although
Brooklyn Manor has one of the worst reputations among adult
homes in the state, Ms. Lagrasta and other residents described
a tightly knit community there.
Two
of the five crash victims who died, Jose Alvarez, 55, and
Mario Gonzalez, 58, were roommates and were very close, residents
said.
Mr.
Gonzalez stood out because he had something that so many others
yearned for: a regular visitor. Every Thursday, Mr. Gonzalez's
uncle, Jose Olivera, would go to the home and take Mr. Gonzalez
and Mr. Alvarez out for lunch.
Mr.
Olivera arrived at Brooklyn Manor again yesterday. This time,
he was weeping.
Mr.
Olivera said his nephew had always been a little slow, and
was picked on at school when he was younger. After working
at the Plaza Hotel for three decades, Mr. Gonzalez retired
and moved to Brooklyn Manor, Mr. Olivera said.
Another
of those killed, William Smith, 69, was from Tennessee and
fought in the Korean War, according to Victor Diaz, a Brooklyn
Manor resident. Later Mr. Smith was swept up in 1960's activism
and joined the Black Panthers, Mr. Diaz said.
But
one night, in a van with friends, he got into an argument
and was slammed in the head with a pipe, Mr. Diaz said. Mr.
Smith was never the same. Consumed by paranoia, he became
homeless, Mr. Diaz said, until he ended up at Brooklyn Manor
five years ago.
The
oldest resident killed in the van was James Lawson, 79, a
gracious, avuncular Southerner who spent what turned out to
be the last 12 years of his life at Brooklyn Manor. Mr. Lawson
had a daughter in New York who sometimes visited, Ms. Lagrasta
said.
Miguel
Cruz, 56, who also died in the crash, had lived at Brooklyn
Manor for 17 years, and his family visited him last week to
celebrate his birthday.
The
lone woman on the ill-fated day trip was Jean Hastik, 60.
According to residents, she had a throaty laugh, and although
she moved into Brooklyn Manor in the late 1980s, she always
longed for her native Haiti.
Ms.
Hastik was severely burned in the crash and was in critical
condition last night at NewYork-Presbyterian/Weill Cornell
hospital, according to a spokeswoman. When a resident visited
Ms. Hastik there, she was reportedly unconscious with bandages
wrapping everything except for her mouth.
Carl
Harkins, 44, was also in critical condition at the hospital,
a spokeswoman said.
Another
survivor, Jose Prieto, 56, a man who dreamed of returning
to Puerto Rico, was transferred to Kings County Hospital Center
in Brooklyn with a spinal injury and was in stable condition,
according to a hospital spokesman.
As
dusk fell yesterday, a white van pulled up in front of Brooklyn
Manor. A head poked out. It was Sheldon Wilson, 41, who was
not seriously injured. He rushed into the home and described
the accident to the other residents.
A
car either bumped or swerved in front of the van, Mr. Wilson
told them, and the van rammed into a tree. A passer-by stopped
to help. She opened the driver's door and helped him get out.
Mr. Wilson said he tumbled out when she opened the back door,
and the three other survivors were close behind. Then Mr.
Wilson heard an explosion, and flames engulfed much of the
van, consuming the five passengers still inside.
Mr.
Wilson sobbed as he told his story, residents said, and his
body twitched with emotion. 'It was a nightmare,' he told
them. Then staff members soothed him and told those gathered
to give him some space.
Mick
Meenan contributed reporting for this article
New
York Officials Move Forward with Recovery-oriented Services
for Consumers - Six Counties will Implement
Medicaid Initiative
Mental Health Weekly, July 17, 2006
The
New York State Office of Mental Health (OMH) this month announced
plans to resume efforts for area counties to implement the
state's new Medicaid outpatient rehabilitation program, which
provides customized recovery-oriented services to consumers
with mental illness.
Officials
said they plan to work with six 'early adopter' or pilot county
directors and providers to issue licenses for the program
and provide training and technical assistance.
Although
the state Department of Health, as the single state agency
for Medicaid in New York, received approval from the Centers
for Medicare and Medicaid Services (CMS) to establish the
Personalized Recovery Oriented Services (PROS) program in
2004, and seven counties had initially been scheduled to implement
PROS, officials only issued the first license for the program
in January 2006 (see box page 7).
The
CMS approval of the state plan amendment to establish the
PROS program establishes authority for the programs to receive
Medicaid reimbursement, according to OMH.
State
officials said they plan to issue detailed guidance regarding
these documentation standards and revised regulations which
state these standards soon. OMH said it will address issues
raised by early adopter counties, including allowing psychiatric
nurse practitioners to work collaboratively with PROS staff
psychiatrists and to have their work count toward a portion
of required psychiatric coverage.
The
state's plans have garnered a mixed reaction from advocates
and providers who have expressed concerns over pending documentation
standards and the finance issues associated with implementing
the PROS program initiative.
The
PROS program is a licensed outpatient mental health program
for adults that offers a customized menu of recovery-oriented
services provided in both centralized locations and in community
settings. The PROS program model enables recipients to choose
specific services in the domains of assessment, treatment,
rehabilitation and support.
The
Medicaid-reimbursed program licensed under the Federal Rehabilitation
Option allows providers to offer a comprehensive array of
services that can be customized to relate to an individual's
unique recovery needs, said officials.
"I
congratulate New York State and the six counties that have
resumed PROS implementation," Linda Rosenberg, president
and chief executive of the National Council for Community
Behavioral Healthcare (NCCBH), told MHW. "PROS is a courageous
and thoughtful attempt to align funding with practices that
are based upon the best available research."
Rosenberg
added, "It's a program that supports consumers and families
as full partners in the treatment process. PROS offers a meaningful
opportunity for recovery to become a reality for many with
serious mental illnesses."
Even
though the issue is controversial, it is being recognized
as a great step forward in moving services much closer to
a vision of recovery, said Harvey Rosenthal, executive director
of the New York Association of Psychiatric Rehabilitation
Services (NYAPRS).
"We're
expecting and hoping [the PROS program] will achieve long-sought
service reforms by integrating services and making them more
recovery-, wellness- and employment-focused," Rosenthal
told MHW. The PROS model is designed with the expectation
that evidence-based practices will be offered to individuals
and that they will learn to manage their own recovery, said
Rosenthal.
To
date officials haven't done enough in joining together Medicaid
and recovery-oriented services, said Rosenthal. "PROS
promises to do that," he added.
However,
Medicaid funding of the PROS programs is still largely an
issue, added Rosenthal who cited concerns about whether Medicaid
has enough flexibility to pay for a range of rehabilitative
and employment services.
One
question is whether the Medicaid PROS rate will be adequate,
he said. "One concern is whether a blended funded stream
might prove to be necessary," Rosenthal said, (and whether)..
the Medicaid only reimbursement model (will) be adequate enough
to ensure that people who need services, such as weekend "drop
in and support activities" will receive those services,
he noted.
NYAPRS
has considered whether a blended funding stream would be more
appropriate such as VESID (Vocational and Educational Services
for Individuals with Disabilities) funding along with state-aid
funding, noted Rosenthal.
However,
they may not know whether Medicaid funding will suffice until
the early adopter counties have had some experience with it,
he said.
Counties
that implement PROS will consolidate "an array of what
used to be separated, fragmented services," such as employment
programs, clubhouse programs and clinical treatment services,
he said. "We want to make sure all the services they
need will be adequately funded and offered through this model,"
he said.
Rosenthal
added, "It's pioneering work to move a system to a program
that prioritizes individualized care with a recovery focus."
ENSURING
COMPLIANCE
The New York State Council for Community Behavioral Healthcare
has been working with its members on federal regulations associated
with PROS implementation, said Lauri Cole, LMSW, executive
director. "Our organization has assisted our members
to enhance their internal compliance activities in order to
ensure they comply with all federal and state regulations"
particularly those pertaining to medical necessity and documentation,
Cole told MHW.
Initially,
the seven early adopting counties and the participating providers
from those counties spent a significant amount of time and
money gearing up for licensure, noted Cole. "During the
initial rampup, providers hired and trained staff and re-tooled
their agencies in a variety of ways but then had to shelve
their in-house initiative."
Cole
added, "During the waiting period, providers have learned
a great deal about the strengths and challenges associated
with the planned implementation."
Meanwhile,
providers are awaiting the PROS documentation requirements
from OMH. Until providers have a look at the actual revisions
to the documentation standards and finance issues associated
with PROS, they won't really know whether this fits their
agency mission and objectives, said Cole. The state OMH plans
to issue a summary of documentation standards this week, she
added. "We're waiting for details. Theres a significant
amount of information we just don't have yet."
PROS
was initially conceived as an enhancement to the existing
continuum of care here in New York State, noted Cole. "It
was not created to supplant existing programs and services,
some of which are 100 percent state funded, but instead to
provide a state of the art treatment option for a subset of
consumers who would benefit from PROS," she said.
"Unfortunately,
while we have been waiting for the PROS roll out, we have
suffered through several years of gradual erosion in state
support for a range of safety-net programs and services designed
to meet the needs of consumers in local communities across
the state," she said. "This withdrawal of state
financing has put additional pressure on the service delivery
system, on the state Office of Mental Health and on the consumers
who rely on us each day."
----------------
How
is the First Community Mental Health Agency to Implement PROS
Faring?
The New York State Office of Mental Health issued the first
PROS (Personalized Recovery Oriented Services) license to
the Plattsburgh, N.Y.-based Behavioral Health Services North
in Clinton County in January 2006. The agency had been one
seven counties approved to implement PROS following approval
from the Centers for Medicare and Medicaid Services (CMS)
in 2004.
Now
with less than six months under their belt in offering individuals
with mental disorders a menu of recovery-oriented services,
agency officials said they are pleased that the other counties
have been approved to begin implementing PROS programs.
"Presumably,
OMH thought we were ready [for PROS implementation] and that
we would be a good beginning role model," Peter Trout,
chief of services at Behavioral Health Services North, told
MHW. We're a rural county; we're the only PROS provider in
the county."
The
agency's PROS program is entirely funded by Medicaid, he said.
"Another reason we were chosen as an early start-up is
we have a history of previously billing Medicaid," he
said.
The
agency's five programs for consumers with mental illness that
have been converted into the PROS initiative include: Intensive
Psychiatric Rehabilitation Treatment Program, Continuing Day
Treatment Program, supported employment program, the social
club, and a business-related program.
The
programs are all under one umbrella making them more accessible
for consumers with the focus on recovery, said Valerie Ainsworth,
PROS program director.
"PROS
enabled us to make all five services immediately accessible
to everyone," Ainsworth told MHW. "The whole focus
of PROS is on a recovery principle, she said. "We've
taken the focus off of symptom management and long-term treatment."
Consumers
like the program's emphasis on health and well-being, she
said. "They like being in the driver's seat and making
decisions about where they want their own rehabilitation to
go, right from the beginning," noted Ainsworth.
The
agency currently has about 150 "active" individuals
involved with PROS-related services, said Trout. "It's
client-involved and gives clients choices, which increases
hope for the future," he said.
All
of the PROS services are mandated by regulations, said Trout.
Some counties might have a clubhouse model or other different
programs than Behavioral Health Services North and may implement
PROS differently in their respective counties, he said.
Although
their agency has received numerous calls about their PROS
initiative, Trout said he looks forward to sharing dialogue
with other counties once their programs are up and running.
"We don't pretend we have all the answers," notes
Trout. "One of the problems with being thus far the only
program up and running is being unable to share ideas and
experiences," he said. "We can't bounce things off
of people. I hope the learning collaborative goes on."
Timothy's Law Eases Mental Illness Stigma
Albany Times Union Letter to the Editor, July 12,
2006
I
read with interest a recent Times Union article stating that
Timothy's Law will be passed by the state Senate during its
September session. My hope is that after all these years the
Senate will do the right thing and pass Timothy's Law.
As
minority leader of the Rensselaer County Legislature, I had
the privilege of sponsoring a resolution urging the Senate
to act on Timothy's Law, since the Assembly has passed it
repeatedly. It passed unanimously at the county level.
Once
adopted, Timothy's Law will prohibit health insurance plans
from excluding or limiting the benefits for mentally ill and
chemically dependent patients. By limiting medical attention
to the mentally ill and substance abusers in our communities,
we perpetuate their problems. Additionally we promote the
stigma acquainted with these aforementioned medical conditions.
Parity
within the state health insurance industry sends a signal
to all those afflicted with mental illness that we, as a community,
recognize their need for treatment and encourage them to receive
this treatment. For too many years mental illness has been
treated as less of a health concern than physical ailments.
This
year would have been a landmark year for Timothy O'Clair (for
whom the legislation is named). Timothy would have graduated
from high school and made decisions about his future. In its
September session, the Senate has the opportunity to adopt
this landmark legislation granting parity in health insurance
decisions. Another landmark for the Empire State is overdue.
GINNY
O'BRIEN
Minority Leader
Rensselaer County Legislature
East Greenbush
39 Sex Offenders Housed in Marcy. By Elizabeth Cooper, Renee
Gamela and Mike Kilian
Utica Observer-Dispatch, July 18, 2006
MARCY
- Nearly 40 violent sex offenders are already being housed
at the Central New York Psychiatric Center, much to the surprise
and dismay of Oneida County's executive.
Under
a plan disclosed last winter but seldom discussed since, New
York state moved the offenders here before responding to Oneida
County's concerns about public safety, Executive Joseph Griffo
said Monday night.
The
first 39 offenders arrived in the past several months, state
Office Of Mental Health spokeswoman Jill Daniels said earlier
Monday.
Another
80 violent offenders are scheduled to arrive in the near future
under the plan, which would add new jobs in the Mohawk Valley.
Irish
Road resident Elizabeth Lupini's home is not far from the
facilities, but she said she's never been uneasy about inmates
being housed there and isn't concerned now about sex offenders.
"I
feel that the security is very good, so I don't have any concern
for my physical well-being or that of my children and grandchildren
who visit here," Lupini said. "I'd be concerned
if they moved next door."
Griffo
said Monday he was displeased the first offenders have arrived
in Marcy before New York state has addressed the county's
wishes expressed in March 8 and June 22 letters he wrote to
state Mental Health Commissioner Sharon Carpinello.
"I'm
very disappointed and concerned," Griffo said. He's sought
three steps by the state:
*
That the mental health commissioner appear in public locally
to address neighbors' concerns and discuss a benefits package
for the host community to fund added services such as police
protection.
*
That the state provide security for the violent sex offenders
commensurate with the seriousness of offenses committed by
the individuals being housed.
*
That legislation be passed in Albany requiring that released
sex offenders be returned to their home county and be required
to stay there for at least one year.
"I
never received a response," Griffo said. Monday, he said
he called the governor's office expressing his concerns.
"There
is not a lot I believe that we're going to be able to do to
prevent this," Griffo said. But, "I want to try
to at least allay some of the concerns" residents have
about bringing the sex offenders to Marcy, he said.
Local
resident Lupini said she would be apprehensive if sex offenders
were released into the community, adding that state laws need
to be changed to create stricter penalties for sex offenders.
As
part of the state's 2006-07 budget, $35 million was appropriated
for the creation of containment centers for violent sexual
offenders, including ones at the Central New York Psychiatric
Center and Mid-State Correctional Facility, both in Marcy.
But the two houses of the state Legislature have been unable
to reconcile two separate bills related to civil commitment
of this group of sex offenders once they have completed their
prison terms.
About
148 offenders will be housed at Mid-State by summer 2008.
Daniels
said 111 job positions at the facility have been filled so
far, and others are being actively recruited.
N.Y.
Advocates Buoyed By Budget Wins; Concerned About Parity
Mental Health Weekly, July 17, 2006
While
New York behavioral health advocates have succeeded on several
legislative fronts, including the passage of legislation to
end solitary confinement of prisoners with severe psychiatric
disorders, enhanced community-based services for adults, and
a children's mental health initiative, there has been mixed
reaction to the state's long-awaited parity bill.
In
the eleventh hour, the state Assembly and Senate agreed to
advance Timothy's Law, the state's long-awaited mental health
parity bill aimed at ending discrimination against mental
health care by insurance companies. The legislation is expected
to be approved the next time the state legislature reconvenes,
possibly in the fall, say advocates.
The
legislation, however, is missing the chemical dependency component,
which had been part of the original Assembly bill, said advocates,
causing many to be disappointed.
"After
many years of advocacy efforts we're enthusiastic," Glenn
Liebman, chief executive of the Mental Health Association
of New York State, told MHW. "We're disappointed about
the chemical dependency [component]."
The
legislation still awaits Gov. George Pataki's signature, he
said. "Timothy's Campaign is more than a bill; it's a
movement," said Liebman. "Our job is to put some
kind of pressure to bear with the governor as we did with
the legislature."
If
the governor signs the bill, New York will become the 38th
state to have some form of mental health parity, he added.
"Our
member agencies remain deeply concerned over the fact that
the agreement reached last month does not include a chemical
dependency benefit," Lauri Cole, LMSW, executive director
of the New York State Council for Community Behavioral Healthcare,
told MHW.
"You
have to ask yourself: what message are we sending to individuals
and families who are struggling with addictive disorders?,"
noted Cole. "We are troubled each and every time a change
in state policy results in a message, either stated or implied,
to a group of New Yorkers that their needs are somehow less
deserving than another group of similarly situated individuals."
"As
a member of the Timothy's Law Campaign, our organization takes
some satisfaction in knowing that our grassroots efforts contributed
towards a concrete outcome this year," said Cole. "But
our members are not celebrating. Instead we are re-doubling
our efforts and working alongside our partners from the chemical
dependence community to ensure that the folks who need treatment
for addictive disorders have access to the same treatment
opportunities as those challenged by a mental illness."
ADVOCACY
EFFORTS
New York advocates were pleased their momentum over the last
several years on other important mental health issues helped
to pass a number of bills (see MHW, June 26).
State
lawmakers passed the Children's Mental Health Act of 2006,
which mandates that the state develop a children's mental
health plan and create an advisory board to monitor the plan's
implementation. Among its provisions, the bill would require
insurance coverage for children under 18 with attention-deficit/hyperactivity
disorder (ADHD), disruptive behavior disorders
or behavior caused by emotional disturbances that placed the
child at risk of causing personal injury or significant property
damage.
Lawmakers
also passed legislation, which establishes a waiting list
for people seeking community, housing and support services.
The state legislature also passed a measure funding community-housing
beds exclusively for adult home residents with psychiatric
disabilities.
"We
think this is very significant," Harvey Rosenthal, executive
director of the New York Association of Psychiatric Rehabilitation,
told MHW." This is the first time we've guaranteed [dedicated]
beds only for adult home residents."
The
"SHU" bill, which would expand mental health training
to correctional officers and establish an oversight body,
passed the Assembly and Senate. The SHU bill passed unanimously
on the last day of session, said Rosenthal, who credits Sen.
Michael Nozzolio (R-NY), other lawmakers, advocates and correctional
officers for their support.
Overall,
advocates are pleased with the recent legislative activity,
including a restoration of funding of the state's Cost of
Living Adjustment (COLA) for community support programs, said
Rosenthal.
"We're
going working very hard to get the administration to sign
these bills into law," he said.
