Tuesday, September 22, 2009

Judge: NY Violated Disabilites Act With Mentally Ill

A federal judge said in a Tuesday ruling that the state health department violated the rights of mentally ill patients by housing them in inappropriate facilities.


By Barbara Benson, Crain's Health Pulse
September 08, 2009 7:01 PM

Advocates for the mentally ill won a big victory Tuesday when a federal judge ruled that New York is violating the Americans With Disabilities Act by providing inadequate services to residents warehoused in for-profit, privately run adult homes, including 44 in the city.

The judge gave Albany until mid-October to come up with a "remedial plan." The decision, by District Court Judge Nicholas Garfaufis, says that “in carrying out their administration of New York's mental health services system,” the state's departments of health and mental health denied thousands of New Yorkers “the opportunity to receive services in the most integrated setting appropriate to their needs.”

Supported housing, where individuals live in apartments but receive services, was seen by the court as a more appropriate setting. The lawsuit was filed by Disability Advocates. It is not yet known if the state will appeal the ruling to the Second Circuit.

Email: bbenson@crainsnewyork.com
http://www.crainsnewyork.com/article/20090908/FREE/909089977

http://www.crainsnewyork.com
© 2009 Crain Communications, Inc.

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