Justice Department Reaches Settlement With Georgia Regarding State's Seven Psychiatric Hospitals

/PRNewswire-USNewswire/ -- The Justice Department announced Janaury 15 that it has reached a settlement with the State of Georgia regarding the conditions at Georgia's seven psychiatric hospitals. The Department opened its investigation of Georgia's psychiatric hospitals in 2007 and issued findings regarding Georgia Regional Hospital at Atlanta on May 30, 2008. The Department subsequently entered into negotiations regarding remedies the State was required to implement to correct unconstitutional conditions at all the hospitals. The other state facilities involved in today's settlement include: Georgia Regional Hospital at Savannah, Central State Hospital in Milledgeville, Southwestern State Hospital, East Central State Hospital, West Central State Hospital, and Northwest Georgia Regional Hospital at Rome.

"When a state undertakes to care for persons with mental illness and developmental disabilities, it accepts responsibility to protect them from harm," said Grace Chung Becker, Acting Assistant Attorney General for the Civil Rights Division. "The Department commends Governor Sonny Perdue, State Attorney General Thurbert Baker, and the Georgia Department of Human Resources for their willingness to work aggressively to address the conditions at these seven psychiatric hospitals. The leadership of the State in amicably resolving this matter has been paramount to today's exceptional result on behalf of the people of the State of Georgia. We are pleased that we have cooperatively achieved a settlement agreement that will benefit the lives of persons with mental health problems and developmental disabilities in Georgia's psychiatric hospitals."

Under the terms of the settlement agreement, the State will work to ensure that patients at the seven hospitals are safe and receive the care and services necessary to meet their individualized needs. Specifically, the State has agreed to undertake a variety of measures, including improving medical and mental health care and ensuring that patients are free from undue bodily restraint. The State will also improve discharge planning and ensure that each patient is served in the most integrated setting appropriate.

Today's settlement with the State of Georgia is the result of a cooperative effort by State entities and the Justice Department to reach a settlement that will make meaningful changes to improve the care and treatment of patients at Georgia's seven psychiatric hospitals. This Administration is firmly committed to the vigorous protection of the rights of persons with disabilities.

The Civil Rights Division is authorized to conduct investigations of public psychiatric hospitals under the Civil Rights of Institutionalized Persons Act (CRIPA). This statute allows the federal government to identify and root out systemic abuses such as those discovered in Georgia. The Civil Rights Division has successfully resolved similar investigations in other in-patient mental health facilities in the District of Columbia, Vermont, and California, among other states. The Civil Rights Division has open investigations of mental health facilities in Delaware, New Jersey, New York, North Carolina and Oregon.

CRIPA authorizes the Attorney General to investigate conditions in certain institutions owned or operated by, or on behalf of, state or local governments. These institutions include nursing homes, residential facilities serving people with mental or other developmental disabilities, mental health facilities, jails, prisons, and juvenile justice facilities.

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Georgia to Offer More Community Living Alternatives for Individuals With Disabilities

PRNewswire--- More than 2,300 individuals with disabilities currently institutionalized in Georgia's eight public psychiatric hospitals and mental retardation facilities will have the opportunity to live in their communities with appropriate supports tailored to meet their individualized needs as a result of a settlement agreement between the state of Georgia and the HHS Office for Civil Rights (OCR).

Under the settlement, signed Tuesday, Georgia also will involve consumers and advocates in planning how best to provide adequate community services to meet the needs of all Georgians with disabilities who are either living in institutions or at risk of institutionalization without community supports.

"Georgia's commitment to improve its community services through this settlement furthers the President's New Freedom Initiative by supporting independent living and individual choice," HHS Secretary Mike Leavitt said. "This agreement provides persons with disabilities greater opportunities to live within their home communities and have full access to community life."

By enhancing community alternatives to institutionalization under the settlement, Georgia will promote individuals' rights under the United States Supreme Court's 1999 ruling in Olmstead v. L.C. that the unnecessary institutionalization of individuals with disabilities constitutes discrimination under the Americans with Disabilities Act (ADA).

"Every Georgian who faces mental illness or developmental disabilities has the right to be treated in a way that not only ensures the best outcome, but allows for the highest quality of life," said Georgia Governor Sonny Perdue. "We've worked hard to make this agreement work, and the state of Georgia is committed to completing this effort."

The agreement settles statewide complaints filed with OCR by the Georgia Advocacy Office, Atlanta Legal Aid Society, Georgia Legal Services Program, and the Disability Law and Policy Center of Georgia. The complaints alleged that, in violation of the ADA, Georgia has failed to treat individuals with developmental disabilities and mental health disabilities in the most integrated setting appropriate to their needs -- the setting that enables persons with disabilities to interact with people without disabilities to the fullest extent possible. "In this voluntary compliance agreement with the Federal Government, Georgia promises a serious effort to end the illegal segregation of its citizens with disabilities and to provide appropriate community alternatives," said Sue Jamieson, the attorney with the Atlanta Legal Aid Society, who originally filed the Olmstead case, which arose in Georgia. "If the agreement results in long overdue residential supports and other needed community services, it could finally begin to heal the wounds we have all suffered from institutionalizing people who should be our neighbors."

Georgia's implementation of the settlement agreement will rely, in part, on a $44 million dollar Money Follows the Person Rebalancing Demonstration Grant, which was awarded to the state by the HHS Centers for Medicare & Medicaid Services on June 30, 2008. This grant will allow Georgia to "rebalance" its Medicaid program away from long-term institutional care to one that offers individuals the option to live in the community. Experts from HHS' Substance Abuse and Mental Health Services Administration will also work with Georgia officials to develop its community mental health system to carry out the requirements of the agreement.

"This settlement is a model for states in meeting their ADA obligations to eliminate unlawful institutionalization and provide adequate community alternatives," said OCR Director Winston Wilkinson. "To combat ongoing disability discrimination, the HHS Office for Civil Rights will continue its enforcement efforts, along with promoting voluntary compliance and technical assistance to ensure states comply with the ADA and Olmstead decision."