AN INTRODUCTION TO PUBLIC MENTAL HEALTH
Meredith Alden, M.D.
L. J. Schmidt, M.D.
Clinical Services Conference
Room
University of Utah Neuropsychiatric Institute
9:00 - 10:15 AM, weekly **
CURRICULUM ON PUBLIC MENTAL
HEALTH
IN THE CORE I/II PSYCHIATRY
RESIDENT SEMINAR
July and August, 2001
The public mental health system is
primarily responsible to serve the needs of severely
and persistently mentally ill (SPMI) persons. The public system is also the venue in which most SPMI individuals
seek ongoing care. It is therefore
important for Residents in Psychiatry to develop this frame of reference for
learning about major mental illness.
Traditionally, residency programs
begin first year Residents on inpatient rotations during which they care for
especially challenging patients. They
are the SPMI persons who are temporarily at the most restrictive, most
intensive end of the continuum of care in the public system. Unfortunately, that skewed presentation of
cases leaves many Residents with a persistent view of these patients as
hopeless, frustrating and unrewarding.
Some of those Residents decide early on to avoid the public sector in
their future careers. This perpetuation
of the stigma of major mental illness within our own profession is a disservice
to future psychiatrists as well as the other care providers and consumers with
whom they might have worked.
During later training years some of
this damage is mitigated by Resident rotations to outpatient clinics in the
public system. But few Residents get an
overview of either the diversity of programs that are already in place or the
gaps in the system. They lack
understanding of what kinds of services work, which ones need to be researched
and what services are missing. This
knowledge is essential if psychiatrists are going to exert a responsible
influence in mental health policy making.
This seminar series is designed to
expose Residents early in their training to a broad view of public mental
health. You will learn about the continuum
of services needed by SPMI persons and the organization of the public mental
health system in this state. You will
hear directly from consumers about their needs and experiences. You will also hear about some of the
successes in public mental health and thereby develop a sense of the personal
enrichment that is possible from working with SPMI individuals. In the process, it is hoped that the
interest of future researchers, clinicians, and policy makers will be
stimulated.
** Except
as noted in Schedule
Learning
Objectives
At the end of the series, Residents should have greater awareness of:
1. The diversity of needs of SPMI persons (basic food and shelter needs,
interpersonal relationships, sense of usefulness, advocacy, in addition
to primary symptom relief),
2. The cost to the individual and society of major mental illness,
3. The multidisciplinary team approach to care of SPMI persons,
4. The continuum of care and diversity of interventions for SPMI persons,
5. Psychosocial rehabilitation and other sources of hope for SPMI persons,
6. History of public mental health,
7. The organization of the Utah system of public mental health,
8. Funding sources for public mental health,
9. Current issues for policy makers,
10. Points of view of consumers and family members,
11. Research needs of the public mental health system,
12. Careers for psychiatrists in public mental health.
Teaching
Methods
Lectures, discussions, journal and other articles, videotapes, site visits to mental health facilities, presentations by consumers and advocates.
SCHEDULE
DATE TOPIC FACULTY
Jul 4 HOLIDAY
Jul 11 OVERVIEW: History and Principles Schmidt
Jul 18 OVERVIEW: Challenges and Policy Issues Alden
Jul 25 The Public Mental Health System in Utah/
Clubhouse Model of Psychosocial Rehab Bachman/Winn et al
Aug 1 The impact of family members and other advocacy groups Baker/Cottrell/Nelson
Aug 8 Managed Care/ Valley Mental Health Dangerfield
Aug 15 Site Visit to Utah State Hospital ** Spencer/Chilton
Aug 22 Site Visit to a Mental Health Center ** Alden, Schmidt
Aug 29 Case Presentation/The Future: discussion Schmidt/Alden/Wander
** PLEASE NOTE: Meet at UNI promptly at 8:45AM and expect to return at
4:00PM!
PUBLIC MENTAL HEALTH CHALLENGES AND POLICY ISSUES
Meredith Alden, Ph.D., M.D.
2001
Serious and persistent mental illness (SPMI)
People with SPMI have been the primary target
population for public mental health.
People with SPMI have major mental illness such as schizophrenia or
major affective disorder that may cause functional impairment in social and/or
vocational performance.
The demographics of
people with SPMI have changed as the population as a whole has changed. The “graying of America” is reflected in the
increased average age of state hospital residents. Also the “baby boom” generation includes a large number of people
in their 40’s and 50’s who developed major mental illness 20-30 years ago and
still need considerable social, vocational, housing and medical support. Also, these people often now have children
of their own. Little has been done to
research prevention and support needs for this new generation, which has both
biological and environmental risks for mental illness.
Younger people with
SPMI tend to have stormier courses with more bizarre, active symptomatology
whereas in older individuals the so-called “negative” symptoms predominate.
Newly diagnosed patients need intensive education about their illness and should
get aggressive psychosocial habilitation to support their developmental
challenges to achieve personal goals and become productive members of
society. Unfortunately, the economics
of mental health care do not favor such an intensive, proactive approach at the
onset of serious mental illness.
Instead, our system spends more money on more restrictive
care after chronicity and functional impairment are a well-established
pattern.
The new generation of
“atypical” antipsychotic medication has promise to change significantly the
course of major mental illness. Greater
efficacy and less objectionable side-effect profiles can improve adherence to
recommended treatment and therefore reduce relapse and the risk of deterioration
in functioning over time. Policy makers
who build the public mental health system of care must therefore consider that
the characteristics and needs of the target population may change over time.
Housing issues
Deinstitutionalization,
permitted by the discovery of antipsychotics in the 1950’s, was hailed by many
as a revolutionary success story.
Unfortunately, many people did not comprehend that the state hospitals
had fulfilled essential functions beyond treatment for people with serious mental
illness. The need for asylum –
“a place where one is safe and secure” – was lost in the condemnation of
deplorable institutions. Many people
with mental illness were turned out into mainstream society lacking basic
survival skills. Community support,
while a laudable concept, was only that in the 1950’s. Communities lacked systems of support to
provide for their new neighbors with mental illness.
As a result, many
former state hospital patients lived lives fraught with poverty and
victimization. In an effort to help
them, some were “transinstitutionalized” to nursing homes. In recent years,
community mental health providers have developed more housing options for
people with SPMI. In progressive
communities (e.g. Salt Lake City), a range of housing alternatives includes
supported “independent” living, group home, intermediate care facilities, and
adult foster care. But despite such
aggressive community placement efforts, there will probably always be a need
for some ‘asylum’placements. There is
an ongoing debate about how many are needed per 100,000 general population – a
rough estimate is 2 –3 per 100,000, which would translate to about 50 people in
Utah.
People with serious
mental illness who have entered the community mental health system may have
housing options that are funded and managed by that system. But people who have these problems and have
not accessed community mental health care are at risk for homelessness or
housing in the correctional system. In
the past decade, our country has seen a tremendous increase in the number of
homeless individuals and families.
Estimates are that about 30% of homeless people also suffer from mental
illness. A number of federal programs
have offered grants to communities to develop housing for indigent persons, but
unfortunately these programs include no money for mental health services. Thus, there is little economic incentive for
community mental health centers to participate in accessing these federal
grants: doing so would amount to
case-finding without accompanying funding to provide services. An exception to this funding pattern is the
PATH (Projects for Assistance in Transition from Homelessness) federal program
that provides grants to states to provide mental health services to homeless persons.
Many homeless people
with mental illness eventually receive temporary or long term housing and
sustenance from the criminal justice system.
This results from a combination of factors. First, society has limited tolerance of the severely disordered
behavior of people with mental illness.
Second, legal restrictions on involuntary hospitalization results in
diversion for some people to jails instead of hospitals. Third, people with mental illness often
commit minor offenses such as vagrancy and petty theft, which are motivated by
their dire straits of poverty and homelessness. Fourth, they often lack the financial and social resources to
defend themselves against jail terms imposed for such minor charges.
Continuity of care
During the course of
serious mental illness, an individual is likely to need a variety of treatments
and treatment settings, depending on the amount of protection and support that
is needed during the phase of the illness.
During times of increased stress and increased symptomatology including
the possibility of dangerousness to self or others, a patient may need the
structure and enhanced protection of a hospital. During better times, he or she may be able to live and work in
the community with support from family and friends, mental health care
providers. In between these most and
least restrictive, intensive settings, there is a continuum of care that
includes halfway houses supervised apartment living, day treatment, crisis
intervention and others. These
alternatives help avoid hospitalization.
The disadvantages of hospitalization are legion and include loss of
freedom, fostering of acculturation to illness instead of recovery,
stigmatization, and expense.
But, as noted above,
hospitals provide a lot more than psychiatric treatment. Medical care, respite for the family, a
tolerant social network, food, clothing and shelter are basic needs that
hospitals provide and that must be duplicated in the community if people are to
live successfully outside of the hospital.
Community mental health centers have taken over responsibility for a lot
of these services, but some are still managed through other agencies. For example, food stamps and non-psychiatric
medical care are overseen by different government agencies. This division of responsibilities has led to
categorization, or fragmentation of services.
Different agencies have different rules, different criteria for
assessing eligibility. They tend to
work independently, with little attempt to coordinate their efforts. Turf issues abound. The agencies may work at cross purposes
because of differing conceptions of their missions. This is confusing even for people without mental illness. These problems have led to recognition of the
importance of case management.
Case managers are specially trained in negotiating the bureaucratic
intricacies of financial, health care, housing and other entitlements. They also often provide extensive emotional
support. They are dedicated care providers
who often invest an extensive amount of time for each person they assist.
Psychosocial rehabilitation
An important principle
of rehabilitation of mentally ill people is that disability is not
dependent on severity of symptoms. Even
people who are actively hallucinating and delusional may be able to work
productively and meet their other social responsibilities if they are
provided the necessary education and support.
However, as noted above, there has not been the necessary support for
psychosocial rehabilitation programs.
Utah has embraced the clubhouse model of psychosocial
rehabilitation. We have ten clubhouses
in the state (more per capita than any other state in the nation) as well as a
training base. Alliance House in Salt
Lake City is one of only five training sites in the U.S. and the only one in
the West. The Utah Division of Mental
Health has adopted the International Center for Clubhouse Development standards
as the quality standard for the state.
Problems in advocacy
Because of the nature of
mental illness, consumers of mental health services often don’t articulate and
assert their needs. A counterpoint to
this is that people without (active symptoms of) mental illness often want
people with mental illness segregated from the mainstream, “out of mind, out of
sight.” And despite good intentions,
public mental health administrators often respond to the economic consumer
(taxpayers, insurance and Medicaid payers, and community leaders) rather than
the people who are most in need of
changes in public mental health policy.
Family members, or
“secondary consumers”, have taken an active advocacy role in the past twenty
years. The National Alliance for the Mentally Ill in Utah (NAMI Utah) was
formed in the early 1980’s and has had representatives on the state planning
task force for compliance with federal Public Law 99-660, the state Board of
Mental Health and in other policy influencing positions.
The importance of
family work as an integral part of care for persons with serious mental illness
cannot be overemphasized. Extensive
clinical research supports the value of psycho-educational approaches with
family members in order to involve them as allies in treatment and decrease the
stress of serious mental illness on those who personally struggle with mental
illness, as well as those who support them.
The out-of-date concept of
“schizophrenogenic mothers” did a great injustice to families and is
hopefully a thing of the past. Models
such as McFarland’s multiple family group therapy (MFG) show promise in
utilizing the strengths of families without contributing to blame. Because family members fear a return to
blaming, advocacy efforts emphasize the biological interventions and the model
to deliver them (P/ACT). The Journey of
Hope is a family education course taught by UAMI family volunteers who have
completed a special intensive training.
Primary consumers of
mental health services are also making themselves heard. Nationally and here in Utah, the consumer
movement is changing individual and community perceptions of people with
serious mental illness. Depending on
the area of the country, there tends to be more (East coast) or less (Midwest)
backlash sentiment against mental health providers (especially
psychiatrists). Some consumer groups
have a primary anti-psychiatry agenda and reject established mental health
services as being unnecessary or even harmful.
Others, including the consumer groups in Utah, espouse principles of
collaboration between consumers and providers with the main goal of empowerment
of consumers. The Consumer Affairs
Specialist program is a federally funded program administered by the state
Division of Mental Health, which provides for a state level consumer advocate
based in the Division as well as local consumers in the mental health
centers. These consumer advocates are
involved in program development, advocacy for enhanced service delivery,
settlement of grievances, and support for mental health funding and positive
mental health legislation. The mental
health consumer movement is arguably the most revolutionary development in
public mental health since the discovery of antipsychotic medication. Empowerment of consumers means that they
become active participants in treatment planning and rehabilitation rather than
the passive recipients of substandard or even abusive treatments that were all
too commonplace in the past.
Rural community mental
health
Rural populations need
psychiatric services but often have poor access. Treatment modalities may be limited by a small staff. Residential and hospital facilities may be
particularly scarce. Excessive distances may limit aggregation of patients for
day treatment or clubhouse programs.
Young adult persons with serious mental illness are often highly visible
in rural sites and they may resist using services that further identify them as
mental patients.
Mental health
professionals usually have to be service generalists and they often suffer from
professional isolation. They may lack peer support and opportunities for
professional and personal growth.
Workloads may be excessive and financial rewards minimal.
Despite these
challenges, rural mental health has some advantages. There is often a stronger sense of community responsibility for
mentally ill residents. It is easier to
know and nurture the relationships with the key players who orchestrate social
services in a small community. For
example, being responsive to and on a first-name basis with the local sheriff
can often help resolve conflict between law enforcement and a mentally ill
offender much more expeditiously and inexpensively than can be done in the
city.
Mental health needs of children and youth
38% of Utah’s
population is under the age of 18.
About 10% of children and youth are seriously emotionally disturbed
(SED), which means about 60,000 SED children in this state. Only a few thousand are treated by the
public mental health system.
In Utah and
nationwide, services for SED children and youth have lagged behind those for
adults. Public mental health has a
history of committing services to chronically mentally ill adults but has only
recently begun to dedicate resources to children and youth. A full continuum of care is lacking, and
until recently, children were treated only in hospitals or outpatient clinics. A full range of services would include in
home services, after school and day treatment, therapeutic foster care, respite
care, crisis intervention, and non-hospital residential treatment. However, financing such a comprehensive
system of care would cost about $60 million in this state alone. The Utah legislature has appropriated only
about $3 million to expand children’s mental health services.
However, the Utah
Division of Mental Health is the recipient of a multimillion dollar federal
grant to develop wraparound systems of care for children in rural and frontier
areas of the state. This is called the
Utah Frontiers Project and is the most geographically ambitious federally
funded children’s mental health grant.
Major challenges of the grant include identifying fiscal and in-kind
state matching funds and building permanent sustainability into the project so
that it can continue after the federal funding lapses.
It is important to
recognize that mental health interventions are more effective the earlier they
start; yet most treatment programs are geared to adolescents who have developed
a pattern of problem behavior as a result of longstanding emotional
disturbance. Also children have
important developmental tasks and family connections that must be considered as
an integral part of any treatment.
Community-based, least restrictive care should be emphasized.
Stigmatization and alienation are potential negative outcomes of psychiatric
hospitalization that would seem to be especially powerful influences on
children, and yet these have not been systematically studied.
Another important
consideration for mental health care for young people is how to develop
services that are acceptable and effective for youth transitioning into
adulthood,. The average age of young
adults who move permanently out of their parents’ home in the United States is
26. Yet we emancipate young people from state custody when they turn 18, often
with no or minimal ongoing social supports.
Furthermore, young people do not typically identify mental health care
as a high priority, being more interested in finding a job, housing, social
contacts and other concerns that are appropriate to the developmental phase of
young adults. SED youth transitioning
are a different mental health population than are young adults experiencing the
first onset of serious mental illness in their late teens or early 20’s. SED transitioning youth need skill
development and support to help the transition into the adult world, and they
also need continuing attention to the chronic behavioral and emotional
disorders that have challenged them often since early childhood.
Economic challenges and
health care reform
Historically there has
been better funding for acute, intensive, restrictive and expensive (e.g.
hospital) care than for community-based care.
Insurance payers and Medicaid cover hospital and outpatient treatment
but tend to not pay for the continuum in between. Better education of insurers is needed to persuade them to
support the alternatives. Also advocacy
is needed to support insurance parity of mental illness. Many “cafeteria plan” health insurances tend
to discourage mental health coverage.
Another approach to
developing new services as well as keeping costs down is capitated, rather than
fee-for-service funding. This system
allows for creative development of continuum of care treatment because the
provider gets the same fee for each eligible person and thus has a financial
incentive to research and use more cost-effective interventions.
An additional
complicating factor in the funding of public mental health in this state and in
many others is that CMHC’s must find funding for community-based services, but
they give up this responsibility if the patient is transferred to state
hospital care. In that event, the state
assumes the cost of care as long as the patient remains in the state
hospital. This situation is a
disincentive for CMHC’s to move patients out of the state hospital, and as a
result, there has been pressure to increase the number of beds at the state
hospital as well as chronic debate over state hospital “bed allocation” to the
various CMHC’s. This problem has been
partially addressed by allocating beds to greater control of the CMHC’s so that
they can budget their resources better.
The United States, and
Utah in particular, have seen a proliferation of privately owned hospital
chains that have tried to cash in on the “big business” of mental health. The relatively low overhead costs for
freestanding mental hospitals (facilities that don’t require expensive
operating suites, medical technology, etc.) was attractive to health care
entrepreneurs. However, what evolved
was a tension between those business enterprises and the third party payers who
were asked to fund them. (Often this
tension existed within one large corporation -–e.g., Intermountain Health Care,
which on the one hand markets and attempts to expand mental health services but
on the other hand, tries to keep costs down in its in-house provider
organization.) Competition developed
between private mental hospitals, and the result of this lack of cooperation
and collaboration was an over development of the most restrictive, most
expensive end of the continuum of mental health care rather than a filling in
of the gaps in the continuum of care. The
hospital competitive market has now largely stabilized, and the latest
development on the mental health scene is market competition between managed
behavioral health care companies. These
entities attempt to control costs by limiting their provider pools and steering
patients into levels and quantities of service, which are less expensive but
also hopefully of good quality. We are
beginning to see more emphasis on outpatient and transitional services.
The national health
care reform effort has now largely devolved to the state level. Mental health advocates in Utah have formed
a consortium to advocate for better mental health insurance coverage. A parity law was passed during the 2000
legislative session. While advocates
are rightfully proud of this victory after three years of failed attempts,
nevertheless the new law is largely a symbolic victory. Advocates for mental health coverage
inclusion in health care reform should help policy makers to understand the
following important issues:
1.
Neglect of mental
health care creates enormous costs in physical health care needs.
2.
The needs of
individuals challenged by serious mental illness extend far beyond “basic
benefits” and include housing, vocational needs, social support, and
others. CMHC’s have provided many of
these services. Private providers have
not heretofore had experience or incentives to assist. Private insurance needs to broaden its basic
benefits to include those wraparound support services. Otherwise we will continue to have a dual system
of mental health care – private mental health care paid for by insurance
premiums of the well off, and public mental health care paid by taxpayers.
3.
Federal and matching
state Medicaid funds have become a major source for care of persons with
serious mental illness. If Medicaid is
“reformed” to the point of major cuts, and if as expected, federal entitlements
are removed from individuals and block granted to the states, there will likely
be a major loss of federal funding for people with serious mental illness. Since it is doubtful that the federal
government will “carve out” the SPMI population for special support, financial
responsibility for these citizens is likely to revert to states and counties. State health care reform efforts must take
this into account.
Outcome research
Those who are asked to
fund mental health services deserve to know what they are getting for their
money. Insurance payers are demanding
accountability as are legislators. Also
consumers and family members want to know that treatment is state-of-the-art
effective.
Relevant outcome
measures vary depending on who is the audience. Legislators and policy makers tend to be most interested in
social and vocational functioning, cost-effectiveness and decreased
criminality. Family and consumer
advocates are more interested in decreased symptomatology and family burden and
improved quality of life. Providers want to know if treatment goals have been
met and if consumers are satisfied with services.
To be optimally valid
and reliable, parties who are independent of the providers should analyze
outcome data. However, in the past,
community mental health centers have been protective of data because of fear of
loss of funding or inappropriate use of the data. The community mental health centers and Division of Mental
Health, with support from other state agencies, are now cooperating on a
system-wide collection of data on treatment processes and outcomes that
provides some standardized, meaningful measures of the public mental health
system’s effectiveness. This outcome
project provides data regarding quality, access and cost. In addition, the Division of Mental Health’s
monitoring process links to this quantitative data set by providing in-depth,
case-specific qualitative data.
Evidence-based preferred
practices in community mental health
An extensive review of
the literature by a team of researchers at Dartmouth, funded by the federal
Substance Abuse and Mental Health Services Administration, has determined that
there are six practices in community mental health that are proven
effective. These are: 1) Programs for Assertive Community
Treatment (P/ACT), 2) family psycho-education, 3) supported employment, 4)
skills development (in managing aspects of mental illness), 5) integrated
treatment for persons with co-occurring mental illness and substance use
disorders, and 6) medication algorithms.
Utah has no P/ACT teams that meet strict program criteria.
There are Journey of
Hope courses taught around the state as previously mentioned in the section on
advocacy; however, this particular model of family psycho-education has not
been rigorously studied for efficacy.
Supported employment occurs mainly through clubhouse
programs, but collaboration between mental health agencies and the Department
of Workforce Services is limited.
Skills for managing mental illness are presented as
part of mental health programming in some areas of the state, notably Adult Day
Treatment at Valley Mental Health and through the Bridges program, which is a
consumer-taught course designed similarly to Journey of Hope, and which is
co-sponsored by the Division of Mental Health and NAMI Utah.
Integrated treatment for persons with co-occurring
disorders is provided through the CAMI (Chemically Addicted Mentally Ill)
program at Valley Mental Health but has not been embraced statewide. Barriers include funding divisions between
substance abuse and mental health agencies, lack of cross training of
providers, and differences in philosophies.
The Texas Medication Algorithms Project has promise
for bringing the public mental health system into consistency with regard to
prescribing practices; however, it has not as yet been adopted.
Legal issues
Nationally civil
commitment laws are gradually reforming to more protective and
“right-to-treatment” principles. There
is still a strong force of civil libertarians, however, who see themselves as
champions of the individual “liberties” of mentally ill persons and will argue
against commitment of all but the most imminently dangerous patients. In Utah, the Disability Law Center has been
the most active group advocating for “liberty interests.” It is important to
educate lawyers and other non-mental health professionals that effective
treatment often cannot be provided without psychotropic medication. Furthermore, persons with serious mental
illness often lack insight into their need for care and therefore adequate
treatment sometimes requires the legal authority of civil commitment. The object is not to confine but rather to
treat and then return the patient to a least restrictive, most productive
living situation. In this way, civil
commitment seeks to restore meaningful personal liberty by alleviating illness.
The civil commitment
statute in Utah was changed during the 1992 legislative session to define
treatment as including psychotropic medication when indicated. The due process protections which were also
specified were deleted from law during the 1994 session so that institutions
are now responsible for developing their own procedures for involuntarily
medicating patients. Judicial
interpretation, however, has required a medication hearing that is separate
from the commitment process. As the
initial commitment establishes that the person can be ordered into treatment,
and is “unable to engage in rational decision-making”, many believe that this
should be sufficient to justify medication orders.
The children’s
commitment law was changed in 1996 to create a “due process” that is more
family friendly and does not require a change in legal custody. However, the procedures involved are costly
and onerous to the public mental health system and, furthermore, do not apply
in the private sector hospitals and residential treatment centers, where most
of the abuses have occurred.
Recent local tragedies
involving mentally ill persons who shot and killed victims in irrational acts
of violence have raised anew the issue of the adequacy of the commitment law in
Utah. The mental health community
appears to be at consensus that the Utah requirement that a person be at immediate risk of physical injury to
self or others is too restrictive. The
2001 legislature has asked for a study to review the civil commitment statute
and determine if the immediate risk
requirement should be revised to “substantial
risk in the reasonably foreseeable future” or other similar statutory
language.
Involuntary procedures
for individuals with organic brain syndromes are also in need of
improvement. For example, obtaining
emergency treatment for an elderly, demented person may require a petition of
involuntary hospitalization. However,
not all hospital facilities are licensed to provide involuntary care. The patient may have to be admitted to a
locked psychiatric unit rather than one specializing in more appropriate
geriatric care.
Right to care in a
community setting (Olmstead) – Olmstead is a recent (1999) US Supreme Court
decision that addresses the rights of disabled persons to receive services in
the community rather than in more restrictive (for example, institutional)
settings. It cites Title 23 of the
Americans with Disabilities Act. Two
people in an institution in Georgia sued the state over their right to receive
community-based services. The federal
appeals court decided in their favor and State of Georgia took the case to the
Supreme Court. The ruling says that
states have a duty to provide community-based care but only if the
professionals on the case agree and if the client does not object. Also states have several other
defenses: 1) they only need to make
“reasonable” accommodations, 2) waiting lists are OK if there is a plan in
place for eventual community placement, and 3) if the state has a comprehensive
plan, plaintiffs can’t sue to try to “get to the top of the list”. There are differing opinions as to whether
this decision will move public policy significantly faster. The federal Office for Civil Rights has
taken oversight of compliance with the decision and by some accounts may be
overbroad in its interpretation and consequent sanctions against states. This may encourage state funding of
community-based care or it may result in backlash by states against perceived
federalism.
Kansas v. Hendricks – This
1997 Supreme Court decision has called into question issues of appropriateness
of civil commitment (to mental health facilities) of persons who have committed
sex crimes. The decision came in the
wake of prosecution of a serial sex crimes perpetrator, who confessed/stated
that he would not be able to refrain from re-victimization if not
confined. Some states (not yet Utah)
have created special institutionally based mental health programs for sexual
perpetrators. Policy questions
include: 1) whether these offenders
suffer from mental illness that is treatable, 2) if these programs will have
positive outcomes for perpetrators and potential victims, 3) whether
confinement in mental institutions will result in ‘transinsitutionalization’ of
criminals into hospitals, thereby invading and diminishing limited mental
health resources, 4) if including sex crimes in the lexicon of mental illnesses
removes personal responsibility (as some perpetrators have reported) and,
therefore, dedication to rehabilitation.
Welfare reform
Under federal welfare
reform states must move people off of the welfare rolls more quickly. There is a lifetime benefits cap of at most
5 years. (In Utah it is 3 years.) This means that there is great pressure to
help people gain job skills and provide them with necessary supports such as
childcare. However, there is a 20% of
total caseload exclusionary provision, which says that the state may have a
plan to keep some persons on welfare indefinitely. It is important to strike a balance between protecting the
welfare entitlements of persons who are incapacitated by their mental illnesses
and at the same time respecting principles of recovery and the ability of many
persons with serious mental illness to recover to the point where they can
reach gainful employment. This may
require special supports such as job coaching and other psychosocial rehab
programs.
Forensic issues
A new 100 bed forensic
hospital was opened in 1999 on state hospital grounds. This facility is now fully staffed and is a
great improvement over previous deteriorating and non-secure buildings. This hospital cares for persons who are
being evaluated for competency to stand trial, those who need to have their
competency restored before trial, and a few individuals who have been found
guilty and mentally ill.
In recent years, the
Department of Corrections has come under criticism for its treatment of
mentally ill offenders. Use of a
physical restraint chair for an inmate with schizophrenia resulted in the death
of that inmate from a pulmonary embolus.
Mental health and civil rights advocates have expressed concern about
the quality of mental health care in the prison and lack of formal external
oversight. A new mental health facility
at the prison is providing specialized care for those inmates with mental
illness who need to be segregated from the general prison population because of
the severity of their illness. The
Department of Corrections and the Division of Mental Health have increased
their collaboration recently in an effort to develop treatment standards and
staffing guidelines that are more consistent between the state hospital and the
state prison.
Regulatory pressures
Many different
agencies dictate standards to mental health care providers. These regulatory agencies include
professional organizations, third party payers, state and federal government
agencies, advocacy groups, and institutional organizations. All of them have rules and regulations that
both limit the activities of providers and inundate them with paperwork. The regulatory agencies were of course
developed to correct the abuses suffered by mentally ill consumers. However, in many cases enforcement of
standards has resulted in loss of beneficial programs. For example, staffing ratio requirements in
hospital settings have resulted in reallocation of special program dollars for
staff salaries. Limitations on the work
that patients can provide for upkeep of the physical plant have caused the loss
of some vocational training opportunities.
And of course, energy, time and money spent on meeting “paperwork”
standards takes away from direct service to consumers.
Cultural competency
There is growing
respect for the variety of cultural beliefs and attitudes that influence the
course of mental illness. Utah is more
ethnically and culturally homogenous than most other states. However, the large Native American
population in southeastern Utah and the extensive Hispanic, African American,
Asian and Pacific Islander populations on the Wasatch front are examples of
groups with different cultural orientations to mental illness. Public mental health is challenged to
recruit and train care providers who can communicate in both the language and
culture of minority groups.
“Dual diagnosis”
Co-occurring mental
illness and substance abuse
According to the
National Co-Morbidity Study, up to 10 million persons in the United States have
a mental disorder and substance-related disorder in any given year. 51% of those with a mental disorder have a
co-occurring addictive disorder (47% of those with schizophrenia and 61%of
those with bipolar disorder). Estimates
‘from the field’ suggest that 80% of persons with a ‘primary diagnosis’ of
serious mental illness have a co-occurring substance abuse disorder; and at
least 50% of people presenting with substance abuse/dependency have a
diagnosable mental disorder. Current
definitions of best practice emphasize that mental health and substance abuse
treatment should be integrated and concurrent; yet providers are usually not
equipped to do this. Funding and
organizational divisions exist from the federal level through the state and
local to the provider level. Training
curricula are significantly different between substance abuse treatment and
mental health/therapy programs. The
differences arise from philosophical differences in worldview, training of
professionals including assumptions about etiology, best treatment and
individual responsibility.
Mentally
ill/developmentally disabled persons
These people have been
underestimated and under served chronically.
Mental health treatment is generally considered an entitlement, yet
public mental health programs have never been funded to serve more than those
in the most extreme need of treatment.
Furthermore, psychiatrists and therapists receive little training on the
assessment and treatment of those with developmental disorders, and few
programs have been developed to treat those with co-occurring conditions. Services to persons with disabilities, on
the other hand, have not been defined as an entitlement, but rather an “add-on”
service for the relatively few who qualify based on severity of need and time
on the waiting list. These programs
conversely often lack the expertise for psychiatric and therapeutic management
of the psychiatric component of the developmental disability. These factors combined result in a large
population that is not only unfunded, but for whom there is limited treatment
technology or clinical expertise. These
individuals often enter the system because they have committed crimes of
impulse control such as sexual perpetration, or have become a public
nuisance. Barriers to needed program
development and coordination include lack of trained clinical staff, poor
understanding about missions, operations and funding of the two major service
systems (public mental health and Division of Services for People with
Disabilities), and lack of necessary funding to build service capacity.
Axis II conditions
When severe enough,
Axis II conditions qualify under state definitions of serious and persistent
mental illness. Persons with diagnoses of personality disorders represent a
significant portion of those being treated in the public mental heath system,
and they may require intensive services and a disproportionate share of staff
time. Yet within the mental health
system there is sometimes resentment that these individuals, who may be high
users of service and often generate intense affect among treatment staff, are
not suffering from “true” mental illness.
Outside the Utah treatment system, federal grant opportunities and
knowledge development efforts often overlook or specifically exclude this
population. Advocacy organizations,
notably the National Alliance for the Mentally Ill, are focussing on the
“biological conditions” and emphasizing that mental illness is not the fault of
the families. They are resistant to
address equally the personality disorders when many of those with these
diagnoses have trauma and abuse histories.
A notable exception is
that borderline personality disorder has been embraced by NAMI as a high
priority for research and treatment.
Additionally, the Utah Division of Mental Health is the recipient of a
federal grant to bring the public mental health system to consensus over
adoption of Dialectical Behavior Therapy as the treatment of choice for
borderline personality disorder. The
grant provides funds for training of mental health professionals in this
therapeutic model.
Medical records
confidentiality
The Health Insurance
Portability Act of 1996 required Congress to pass legislation to address
medical records privacy. Up to now
there has been no federal law addressing medical records – this has been left
to the states. However, with electronic
record-keeping, a mobile national population, and managed care pressure to have
access to medical data in order to contain costs, there is increasing concern
about privacy. Federal bills that have
been proposed typically do not adequately address the especially sensitive
nature of mental health records and do not address the special considerations
for persons who are civilly committed (that is, that public agencies are
responsible to care for committed persons and need to be able to share
information in order to coordinate care.)
Seclusion and restraint
In October of 1998,
the Hartford Courant ran a series of
investigative reports detailing specific cases of deaths in inpatient
psychiatric units resulting from the use of restraints or “therapeutic
holds.” The reports revealed that a
least 142 persons have died in the past decade, many of them children and youth
in private hospitals or residential facilities. The outcry from advocacy organizations, such as NAMI, and
attention from national organizations (e.g., the Medical Directors Division of
the National Association of State Mental Health Program Directors, JCAHO,
Healthcare Financing Administration) has furthered the debate, and is resulting
in specific efforts to reduce and eliminate the use of
seclusion/restraint. Within the debate
is the growing awareness, strengthened by testimonials from consumers, that the
practice of secluding or mechanically restraining psychiatric patients
revivifies past trauma/abuse.
In Utah a panel
commissioned by the Division of Mental Health is developing preferred practices
for the prevention, proper application, assessment and quality improvement of
seclusion/restraint practices.
Recovery philosophy versus
medical model
Since the
deinstitutionalization movement of the 60’s and 70’s, a new philosophy towards
mental illness has been developing, led by the consumer movement, known as
recovery. The philosophy of recovery is
analogous to the third stage of grief reactions: understanding, acceptance and action. The philosophy differs from the medical model in some important
ways: 1) Treatment, programs and mental
health professionals cannot “cure” the illness, their role is to facilitate
recovery, which is what the person with the disability does, 2) The person can
recover even if the illness cannot be removed, 3) The person focuses on new
meaning and purpose in life rather than symptom reduction, 4) Rather than a
clinical entity, recovery is a universal human experience with a course that is
unique to each individual.
Human services needs
Public mental health
has had a reputation in the past for being understaffed and ‘second rate.’ However, people with serious mental illness
are often best served in the public mental health system. There are many rewards for psychiatrists in
the public sector. These include being
part of a multi-disciplinary team in clinical decision making, clinical
research, teaching and scholarship, and influencing public mental health
policy.