Showing posts with label California. Show all posts
Showing posts with label California. Show all posts

Tuesday, September 4, 2012

You can stop Waste, Fraud, Mission Creep in California Mental Health Services Act

As a result of mission creep, insider dealing, and lack of oversight, tens of millions of dollars of MHSA funds are being diverted to programs that do not serve people with serious mental illness, while the most seriously ill continue to go without treatment.

What is MHSA supposed to do? California voters passed Proposition 63 (Mental Health Services Act (MHSA), a 1% tax on millionaires to help people with "severe mental illness" and to "prevent mental illness from becoming severe and disabling". They did not pass it to "improve mental health" or provide social services programs to those who do not have "serious mental illness".

Why doesn't the public know about this diversion of funds?  

  1. The MHSA Oversight and Accountability Commission has used MHSA funds to hire an $11 million P.R. firm to convince the public all is well. (Note: Hiring a PR firm is in itself a diversion of funds).
  2. County mental health directors and recipients of diverted funds want to maintain their own funding. (Ex. NAMI CA once complained about MHSA, received $3 million, and then said the program works fine)  
  3. Those who run MHSA programs tout their 'successes', but fail to mention that the people they 'succeeded' with were not the people MHSA funds are intended to serve. In fact, most programs don't even report the diagnosis of the people they serve which allows them to hide the diversion.

Why is this important to people with serious mental illness and Mental Illness Policy Org. California is the only state with more than enough money to provide good services for people with mental illness. But they are not. Money is not the issue. Leadership is. 

How can you help  Be a Whistle Blower. The auditor wants to hear about problems with MHSA. She needs your help. If you know MHSA Programs that do not serve people with serious mental illness, especially in Los Angeles, please send them to the auditor. Make them as specific as possible and include links, details that will allow verification. You know the California mental illness system better than the auditor, so send Ms. Howle the tips she needs:
Elaine M. Howle
California State Auditor
555 Capitol Mall
Suite 300
Sacramento, California 95814
Phone Number: (916) 445-0255
General Fax: (916) 327-0019
Executive Office Fax: (916) 323-0913
Email a copy of your information about programs that do not focus on serious mental illness to those trying to stop the diversion of MHSA funds.


Share this Widely, via email, LinkedIn, Facebook, anyway you can. Thank you. We need people to report abuse to the Auditor ASAP.

Learn more. Visit our site documenting problems with MHSA
http://mentalillnesspolicy.org/states/california/mhsa/mental_health_services_act_mhsa.html

Tuesday, May 22, 2012

California Bill To Extend Laura's Law Scheduled For Vote

ALERT FROM CALIFORNIA TREATMENT ADVOCACY COALITION
FROM: Carla Jacobs, Randall Hagar, Chuck Sosebee & Mark Gale
May 22, 2012

We need your help now! AB 1569, a bill to extend Laura's Law, will be heard in the Senate Committee on Health June 13 at 1:30 p.m. at the state capitol, Room 4203. Please reach out to the committee and your senators and urge them to support the bill.

(Laura's Law allows courts to order a narrowly defined group of seriously ill individuals to stay in treatment as a condition of living in the community. It also allows courts to order the mental health system to provide the treatment.)

Send or direct letters of support to Senator Ed Hernandez, chair of the Senate Committee on Health and to Senator Tom Harman, vice chair. Let them know that Laura's Law saves money - and lives. Contact information is below:

Senator Ed Hernandez, chair (Senate district 24)
Fax: (916) 445-0485
Mailing address: State Capitol, Room 4085, Sacramento, CA 95814-4900
Phone: (916) 651-4024
Email: senator.hernandez@senate.ca.gov

Senator Tom Harman, vice chair (district AD 73)
Fax: (916) 319-2173
Mailing address: State Capitol, Room 5094, Sacramento, CA 95814-4900
Phone: (916) 651-4035
Email: senator.harman@senate.ca.gov

Mail and Fax are Preferred to Email.
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Visit http://treatmentadvocacycenter.org/lauras-law or http://lauras-law.org/ to learn more.

Wednesday, April 25, 2012

Laura's Law could save California's mentally ill and keep public safer

The murder of 61-year-old Earlene Grove by her mentally ill daughter Sunni Jackson, in Paso Robles, San Luis Obispo most likely wouldn’t have happened if the San Luis Obispo Board of Supervisors had implemented Laura’s Law.

Laura’s Law allows courts to order certain individuals with serious mental illness – like Sunni, those who have a history of non-compliance with psychiatric treatmen and a history of violence – to stay in treatment as a condition of living in the community. They get full due process and the right to help develop their own treatment plan.

Laura’s Law helps patients and keeps the public and police safer. When Nevada County implemented Laura’s Law it found it reduced incarceration of people with mental illness by 65 percent. It reduced hospitalization, 46 percent; cut homelessness 61 percent, and emergency contacts 44 percent. That’s why it is supported by organizations as diverse as the California State Sheriff’s Association, California Psychiatric Association, and San Luis Obispo Alliance on Mental Illness.


The supervisors can’t claim they didn’t know Laura’s Law saves lives. In 2010, when mentally ill Cliff Detty died in restraints at a mental health facility that he wouldn’t have been in had he received community treatment, his father told reporters Laura’s Law would have saved his life. Op-eds by experts said the same thing.

In 2011, after mentally ill Andrew Downs was committed to a hospital for the Christmas Day shooting of two women, Diane O’Neil, the past president of a local National Alliance on Mental Illness chapter wrote an op-ed on behalf of parents of the mentally ill explaining how Laura’s Law would have prevented the tragedy. It goes on and on. The supervisors don’t have to wait for the next death to act. But they probably will.

The supervisors can’t claim there is no money to implement it for two reasons. First, Laura’s Law saves money. Nevada County found it saved $1.81 to $2.52 for every dollar invested. Los Angeles County estimated it saved taxpayers 40 percent for the care of each person enrolled. The savings come from reduced hospitalization, arrest, trial and incarcerations.

The second reason is that San Luis Obispo County receives well over $2 million annually in Proposition 63/Mental Health Service Act proceeds they are supposed to use to help the most seriously ill get treatment. But rather than use it provide services to people with serious mental illness and implement Laura’s Law, the Mental Health Services Agency used a chunk of it to fund a documentary on “stigma” to put on a website and then congratulated themselves for doing it.

Is that why Californians voted to tax themselves with Proposition 63? They didn’t feel there were enough documentaries on websites? And think about it. Will a documentary on a website saying there should be no stigma ever be enough to overcome the stigma caused this past week by letting mentally ill Sunni Jackson go untreated and ultimately commit matricide?

As the Surgeon General’s report on mental illness pointed out, it is fear of violence by people with untreated serious mental illness that causes stigma. If San Luis Obispo wants to reduce stigma, implement Laura’s Law.

What the supervisors will most likely claim is that a recommendation didn’t come from the mental health department. They don’t have to wait for one. They can lead. Few mental health departments want to implement programs that require them to focus on the most seriously mentally ill as opposed to the worried well. Don’t wait. Act.


The county Mental Health Services Agency may tell the Supervisors that MHSA proceeds can’t be used for Laura’s Law, echoing opponents of the law. But as California mental health advocate Mary Ann Bernard notes, the now extinct State Department of Mental Health issued a regulation saying they can. As Carla Jacobs of the California Treatment Advocacy Coalition points out, “Nevada County uses their MHSA funds for Laura’s Law. Los Angeles County uses their MHSA funds for Laura’s Law. Why can’t San Luis Obispo County?”
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Ed. Note: DJ Jaffe is the executive director of Mental Illness Policy.

Saturday, March 17, 2012

Recent Trends in Mental Illness

Trend: More psychiatric hospitals close. Local NAMIs start to fight back.

The trend towards closing state psychiatric hospitals in spite of a massive psychiatric hospital bed shortage is continuing in states like Massachusetts in Illinois, in Alabama, and Washington and elsewhere. NYS announced massive closures and the NY Daily News ran our op-ed in opposition. And when they tried to close a psychiatric unit at Cedar Sinai in Los Angeles, LA NAMI protested. NAMI E. Flatbush NY protested the closing of Kingsboro Psychiatric Hospital in Brooklyn. Historically, NAMIs have accepted hospital closures in return for the promise of community services that never materialize. Nice to see them not falling for it again. It would be great to see state level organizations join in.

Trend: Criminal Justice Systems are taking lead in advocating for better care for seriously mentally ill because Mental Health Departments are failing so miserably.

As a result of mental health departments taking a laissez faire attitude towards serious mental illness, there are more people incarcerated for mental illness than hospitalized. For example, the shooter of seven at Western Psychiatric Hospital turns out to have been mentally ill, known to mental health system, and left untreated. Incidents like this are causing some law enforcement officials to make getting better treatment for people with mental illness a priority, so they don't have to step in.

Trend: Consumers buck consumertocracy

More and more consumers are exercising their independence and speaking out. Natasha Tracy, a great consumer blogger wrote, "Human Rights and AOT" and about non-compliance.

My favorite quote this month, was from Consumer Blogger Andrew Behrman in "Dump Stigma and Focus on Recovery" who wrote, "The stigma started with me. I initiated it. It was my own fault & result of my naivete"

The Substance Abuse and Mental Health Services Agency (SAMHSA) conducted a survey asking their largely consumer constituency what the top advances in care were over the last twenty years. Assisted Outpatient Treatment made top five. Unfortunately, SAMHSA has a habit of ignoring issues that only affect people with serious mental illness. As we wrote on Huffington Post, SAMHSA's widely quoted report on Mental Illness in America ignored 500,000 seriously mentally Ill

On the other side some government funded professional consumers ("consumertocracy") are still promoting nonsense.

  • One professional consumer wrote that because there is no biological test for schizophrenia, it must not exist. That's kind of like arguing that colon cancer didn't exist before the colonscope was invented. (BTW, there is no biological test for Parkinsons either. Yet it exists.)
  • Many professional consumers are using the fact that people with mental illness die earlier than others as an argument against medications. But many of these premature deaths are due to side effects of non-treatment. For example suicide, homelessness, incarceration, and lack of medical care.
  • Robert Whitaker's Anatomy of an Epidemic repeated many of these arguments without any information on the other side.

In Brief

  • Major study says 'art therapy' does not work for people with schizophrenia
  • Scientist asks for proof that anti-stigma campaigns work
  • APA Task Force Report on Outpatient Services for the Mentally Ill Involved in the Criminal Justice System argues for preserving psychiatric hospitals and using mandated outpatient treatment
  • Short Sweet Video of Dr. E. Fuller Torrey on his updated book: The Insanity Offense, which includes the most comprehensive information on Jared Loughner who suffered from untreated mental illness and shot Gabrielle Giffords. (Must-reading)
  • "Crazy in America: The Hidden Tragedy of Our Criminalized Mentally Ill" by Mary Beth Pfeiffer is really wonderful. She shows how tiny episodes of mental illness feuled behavior can snowball and result in permanent incarceration. Two thumbs-up. (Don't confuse this with another excellent book: Pete Earley's, "Crazy: A Father's Search Through America's Mental Health Madness")
  • Treatment Advocacy Center Preventable Tragedies database lets you search incidents of violence by and to people with mental illness in your own state. Powerful tool to advocate for changing laws

Around the states

California

Laura's Law and ever increasing incidents of violence by mentally ill individuals took center stage in California. A bill to Extend Laura's Law was introduced and given huge support by San Francisco Chronicle. A brilliant Sacramento Bee op-ed by psychiatrist Gary Tsai says cuts to mental health programs shift burden to law enforcement. To help people keep up, we launched a special site on Laura's Law and the Mental Health Services Act with lots of useful information. Unfortunately mental health directors, Disability Rights California, and consumer groups have formed a coalition designed to prevent people with mental illness from receiving treatment until after they become dangerous. While done in the name of 'civil rights', this results in people becoming incarcerated and losing all rights.

The other big California story is Proposition 63/Mental Health Services Act money being diverted away from serious mental illness. For instance, it is funding the opponents of Laura's Law. Mary Ann Bernard, Of counsel for Mental Illness Policy Org wrote a great piece in California Progress Report on this, and DJ Jaffe, ED of MIPO wrote a a separate story, "Proposition 63 fails to serve seriously mentally ill" in Capital Weekly.

New York

MIPO testifies that NYS Commission on Quality of Care fails mentally ill and we wrote an op-ed in New York Daily News criticizing proposed closings of psychiatric hospitals.

VA

Pete Earley on failure of Virginia mental health system

TX

Judge rules mentally ill incompetent to stand trial are being held in jail for too long before being moved to hospital

VT

Report calls for better care to prevent incarceration of mentally ill

MA

MA agrees to treat mentally ill prisoners better and revised their Civil Commitment practices.

Thank you for your support of Mental Illness Policy Org. This is a labor of love, and if you can afford it, we can use your tax-deductible donations.

 

Wednesday, March 14, 2012

California Mental Health Services Act Fails to Focus on Serious Mental Illness

The chair of the California Mental Health Services Oversight and Accountability Commission (MHSOAC) wrote an op-ed in Capital Weekly criticizing families of people with severe mental illness who criticize how Mental Health Services Act (MHSA) funds are spent. He claims the program is working well. But it's not. For one, the oversight committee itself is diverting MHSA funds meant to help people with severe mental illness to other causes. In their case, it's to hire a PR firm to further the oversight committee's claim that all is well. How does hiring a PR firm help people with severe mental illness? Is that why taxpayers voted to tax themselves? They felt a dearth of PR firms? To cite another example, the California Mental Health Services Authority made a multi-year commitment to fund a "Center for Dignity, Social Inclusion and Stigma Elimination." Instead of providing treatment and services to people with severe mental illness, it will provide ads and brochures to the public.
When the myriad of examples like this are documented, the chair of the committee, Dr. Larry Poaster wrote that critics are "use(ing) single anecdotes out of context and ignore overwhelming facts." But it is Dr. Poaster who fails to present the big picture.
As part of the committee chair's claim that MHSA is working well, he points to a report that shows MHSA Full Service Partnerships (FSP) reduced hospitalizations, arrests and incarcerations. Those claims are probably true. It's a good and important program. But he fails to disclose that these programs are exclusively for voluntary patients. The homeless psychotic people on the streets who 'know' they are Jesus or the FBI planted a transmitter in their head -- the most severely ill who refuse treatment can not get access to these programs. They are turned over to police and law enforcement in record numbers. As a result of realignment, many may soon to be discharged back into the communities where service providers will again refuse to serve them.
Dr. Poaster correctly notes that 20% of total MHSA funding goes to "Prevention and Early Intervention" programs. The law requires those programs to be "designed to prevent mental illnesses from becoming severe and disabling." But the oversight committee's guidelines to counties say, "(P)revention programs are expected to focus on individuals prior to diagnosis of a mental illness. (emphasis in original)." 20% of MHSA funds meant to help people with mental illness are now being diverted from their proper destination. The mentally ill are specifically excluded. Dr. Poaster claims these programs are effective but MHSOAC minutes show their evaluation "is based on what counties said they were going to do, rather than actual on-the-ground assessment."
In defense of the status quo, the Oversight Commission chair claims that counties, not the committee, set priorities and that millions were spent on a process that included "the diverse segments that are affected by mental health: schools, law enforcement, homeless programs, social services, faith communities and countless others." Prop 63 was not passed to improve mental health (make people happier) it was passed to "reduce the long-term adverse impact... resulting from untreated serious mental illness." Including these 'countless others' led to a money-grab free-for-all and counties developing amorphous something-for-everyone plans that focused primarily on 'social services' rather than treatment and services for those with severe mental illness. Lack of housing, education and employment were defined as 'risk factors' for poor mental health, and therefore housing, education and employment programs were showered with money that should have been spent helping people with severe mental illness. Except in the case of Nevada County (and more recently Los Angeles county) none of the county plans included implementation of Laura's Law, and making services available to those enrolled. Services for Laura's Law recipients is the exact type of "new and innovative" services MHSA should be funding.
Millions continue to be spent on process, committees, consultants, PR firms, publishers, art directors, and writers instead of programs for people with severe mental illness. Orange County just published an expensive glowing report on their use of MHSA funds, but no useful financial data that would help the public see where the money was going. And the report was fifty pages long.
As Rusty Selix, executive director of the California Council of Community Mental Health Agencies stated in reviewing where we are, "In many ways, conditions are horrendous and difficult, but we're kind of used to that."
As the family member of someone with severe mental illness, I am not used to that. The problems with MHSA are not 'isolated incidents'.
What's the answer?
1. The legislature should require distributors of MHSA funding to follow the language and clear intent of the law and only distribute MHSA funds to programs that focus on "severe mental illness." They can accomplish that by adopting the National Institute of Mental Health's definition of 'serious mental illness,' which covers no more than 8% of the population and require all or the majority of MHSA funding to be spent on this targeted population. By using this definition, California can avoid the wrangling that would result from trying to create its own definition.
2. The state should use its "clarification" power under Section 18 of MHSA to eliminate regulations that are contrary to law and direct desperately needed MHSA funds towards uses consistent with MHSA.
3. Rose King, a veteran California political consultant who was involved in writing MHSA legislation makes a good case for the legislature to reexamine the maintenance of effort provision, which created a two-tier system: those with serious illness who received minimal and substandard services prior to MHSA are now routinely and intentionally denied any MHSA-funded services, while those who are barely ill, or not ill, get comprehensive services.
4. Carla Jacobs of the Treatment Advocacy Center says the legislature should remove the sunset provisionfrom Laura's Law because it discourages counties from making the long-term plans needed to correctly implement it. Once Laura's Law is implemented, MHSA funds could be used to serve those enrolled in Laura's Law in programs already serving others.
5. MHSA boards should be independent of the organizations they fund. End the conflict of interest caused by board members, employees, former board members and former employees of MHSA recipients serving on the oversight committees.
The critics of MHSA do not have an MHSA-funded PR firm on their side. But they do have the facts.