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Maine proposes local solution for statewide continuity issues
(November 2006 Issue)

By Catherine Robertson Souter

The ongoing issue of how the mental health care system in the state of Maine should be run may soon be coming to an end. On Oct. 2, the state's Department of Health and Human Services (DHHS) delivered a revised proposal for compliance with a 16-year-old consent decree to the court master appointed to the case.

The original suit, filed in 1989, alleged that the state violated clients' rights at the Augusta Mental Health Institute (AMHI) because of inappropriate treatment and inadequate community support services. In 1990, the court issued a consent decree that required the state to establish and maintain a comprehensive mental health system. Since that time, the state has been brought back to court several times to determine if requirements outlined in 259 paragraphs of the decree had been met.

In 2003, stating that the majority of the requirements had not been met and that the state did not appear willing or capable of meeting them, the court appointed a receiver to operate AMHI. Further confusing the issues at hand, the Department of Behavioral and Developmental Services and the Department of Human Services were combined, now known as the DHHS.

The state's highest court overturned the receivership ruling in 2004, placing the hospital (now known as Riverview Psychiatric Center) back in the hands of the DHHS. At that time, the court also established new compliance guidelines for the state.

In February of this year, to address these issues and questions raised by a separate government oversight committee about Riverview's bed capacity, the state hired consultant Elizabeth Jones, the appointed receiver for AMHI/Riverview. Jones was brought on board to examine continuity of care issues within the mental health system and recommend a response to the court demands.

"We hired her to do some continuity analysis," said Ronald Welch, the recently appointed director of the Office of Adult Mental Health services for the DHHS. "We used those recommendations to provide a plan that is in compliance with the decree."

Because Jones had worked with the state hospital, she had in-depth understanding of both the hospital system and patient community services and could make recommendations as required. Based in part on her proposals, the new plan centers on "the premise that local planning, local problem solving, and a mutual understanding of the roles and expectations of each service provider are effective ways to support continuity of care."

The plan includes a number of proposals: new performance requirements; the creation of seven regional Community Service Networks comprising all local mental health providers, and total restructuring of residential housing options, allowing more people to remain in their own homes while receiving mental health care.

The new plan also outlines support for an independent and localized consumer council system, which would include consumers, families and advocacy groups. The state would not be involved in operating this system, but would require the inclusion of peer input as part of the community service networks.

While waiting for word from the court on whether the state has finally met all the requirements in the consent decree, the DHHS has begun to work towards enacting some of the recommended changes. "Some of these initiatives are sea changes in the way the system has always worked," said Welch. "We are starting to work with providers and consumers in setting up task groups with an eye toward implementation."