NAMI of Maryland believes that hospitals are one stage of a continuum of care
for persons with serious psychiatric disorders.
While it is our hope that, of those afflicted with psychiatric
disorders, as many as possible can live in the community, we believe it is
clear as a matter of appropriate treatment and existing law that persons
who must have continuing close care or need to stabilize acute psychiatric
symptoms should be able to have recourse to hospitals. These institutions
also provide important and necessary service to persons who must be
hospitalized because of a court order or inability to live successfully in
the community.
NAMI of Maryland has a role to play in advocating for
adequate services in public and private hospitals and in monitoring the
quality of the services provided. We advocate the following:
1. The welfare of the
patient is the most important consideration, whether the patient is in a
hospital or in the community. The patient shall receive the best treatment
and quality of care available.
2. The Olmstead
decision of the Supreme Court of the United States, interpreting the
Americans with Disabilities Act (“ADA”), should be fully and carefully
implemented by the State of Maryland. The State is required under Olmstead
to provide community-based treatment for persons with mental disabilities
when the State’s treatment professionals determine that such placement
is appropriate, the affected persons do not oppose such treatment, and the
placement can be reasonably accommodated, “taking into account the
resources available to the State and the needs of others with mental
disabilities.” In
implementing Olmstead’s conclusions, other clarifying statements
in the Court’s Opinion must also be carefully considered: that the ADA
“is not reasonably read to impel States to phase out institutions,
placing patients in need of close care at risk” -
that some individuals may need institutional care from time to time
“to stabilize acute psychiatric symptoms” -
and that for some individuals, “no placement outside the
institution may ever be appropriate.”
3. There should be adequate
funding for State hospitals as well as for other State facilities for
persons with mental disabilities.
4. There should be an
adequate number of inpatient beds (public and private) within the State of
Maryland. Patients needing crisis care should not have to wait for a bed
to become available. Certainly, the number of beds available in the State
system for persons with psychiatric disabilities should not in any
circumstances be reduced and ought to be increased. to meet the needs of
the patient population.
5. Psychiatric hospital
services should be available across the State. Patients should not have to
be placed in hospitals at discouraging distances from their communities,
families, and social supports.
6(a). NAMI of Maryland
generally opposes closure of State mental health hospitals. We recognize
that, at the present time, Maryland is encountering severe budget problems
and difficulties in funding State programs; and we anticipate that mental
health programs must also expect cuts and compromises. Nevertheless,
closing of a State mental health hospital can be accepted by NAMI of
Maryland only with serious reservations and caveats. It must be recognized
that the closing of such a hospital: (1) reduces potential bed capacity in
a system operating at theoretical capacity even if the number of existing
beds is supposedly maintained; and (2) unless appropriate steps are taken,
will impair care for many patients as a result of increasing distances for
family and community support systems.
(b). In effecting any
closing of a State mental health hospital, the State should attempt to
have the resulting regional hospital system place all hospitalized patients in proximity to, and in no event more than 100 miles
from, their homes or families. NAMI of Maryland supports transportation
assistance, including financial help, to enable families to visit a
relative in a State hospital and participate in the relative’s
treatment.
7.We support the provision
of grievance procedures for consumers and their families and support
measures to remedy or repair negative experiences in psychiatric hospitals
and other facilities.
8. We are concerned about
safety and inappropriate treatment issues in hospitals and other
psychiatric facilities. NAMI of Maryland will continue to monitor such
hospitals and facilities for inappropriate restraints, seclusion, and
generally inappropriate treatment. Unexpected deaths and injuries shall be
reported to the Office of Health Care Quality (OHCQ) and the Director,
Mental Hygiene Administration. OHCG should investigate and recommend
corrective actions in such cases as it deems such actions to be
appropriate. The Director should make such reports and related records of
investigations and corrective actions available to the public in a timely
manner, making such deletions in publicly disclosed records as may be
necessary to protect the confidentiality interests of the patients
involved.
9. Aftercare treatment plans
shall be developed for each person being discharged from a hospital
Arrangements ought to include interagency cooperation to ensure adequate
housing, medication, and medical care in the community. No one should ever
be discharged to a homeless shelter, a crisis center, or the street.
Approved by the NAMI Maryland Board of Directors on
April 17, 2004
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