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‘Mississippi chose to fight’: Court overturns Justice Department efforts to overhaul state’s mental health system

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A dozen years after the Department of Justice first sent Mississippi a letter detailing shortcomings in its mental system, the may have finally beaten the federal agency.

A federal appeals court ruled Tuesday that a district judge erred in determining that the Mississippi mental health system violated the civil rights of adults with serious mental illness and in imposing a remedial order that required the state to expand a range of services, from crisis response to supported housing.

The Department of Justice sued the state in 2016, arguing the failure to mental health services that people could access in their communities resulted in them being involuntarily committed to state hospitals for treatment over and over again. U.S. District Judge Carlton Reeves sided with the DOJ in 2019, and in 2021 approved the remedial order and appointed a monitor to evaluate the state's compliance.

The conservative three-judge panel at the United States 5th Circuit Court of Appeals overturned all of that. The panel found that the DOJ's claim that adults with serious mental illness in Mississippi were “at risk” of institutionalization was not sufficient to prove discrimination under the Americans with Disabilities Act.

“The possibility that some un-named individual with serious mental illness or all such people in Mississippi could be unjustifiably institutionalized in the future does not give rise to a cognizable claim under Title II [of the Americans with Disabilities Act],” Judge Edith Jones wrote for the panel. “Nor does such a vague and standardless theory license courts under the ADA to rework an entire state's mental health system.”

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In a statement, Wendy Bailey, executive director of the Department of Mental Health, said the agency would continue working to expand community services and decrease hospitalizations.

Wendy Bailey, executive director of the Department of Mental Health, speaks to an audience during the Mental Health Meet Up at the Two Mississippi Museums in Jackson, Miss., Wednesday, May 26, 2022.
Credit: Eric Shelton/Mississippi

She said that over the last decade, the department has shifted legislative funding from the state hospitals to the community mental health centers. The state's 11 regional centers are supposed to provide routine therapy and medication as well as intensive outpatient services for people with very serious mental illness. They also operate crisis stabilization units that can provide short-term inpatient treatment instead of state hospitals.

The department plans to use federal American Rescue Plan Act funds to continue expanding services. All of those funds must be spent by the end of 2026.

Bailey also said the department would continue to share data on the new services, which had been required by the remedial order.

A spokesperson for the Department of Justice declined to comment. It's unclear whether the agency will appeal the decision.

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Megan Schuller, legal director at the Bazelon Center for Mental Health Law, said other federal appeals courts have agreed that people who are “at risk” of unnecessary institutionalization can bring a claim under the ADA (the Fifth Circuit panel also cited those decisions in a footnote).

“It's sort of a perverse approach, to say that… if you know that you are at serious risk of institutionalization, that you can't that until you're already institutionalized and have suffered the harm,” she said of the Fifth Circuit panel's ruling.

Are community services available?

In recent years, the state rolled out additional mobile crisis services and intensive treatment teams across the state. These services are run by the community mental health centers, which are certified by DMH but operate independently.

The most recent report by the court-appointed independent monitor, Michael Hogan, concluded that “foundational elements” like funding of services and data reporting were in place, but people were not always able to access care when they needed it and some still wait in jail without charges for treatment.

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“The structural aspects of change have been addressed, but the system is not yet working for all people the way it should,” Hogan wrote.

Some of the data DMH has gathered so far indicates wide variance in services across the community mental health centers.

For example, some of the intensive treatment teams served fewer than half the number of clients they had capacity to treat in the first three quarters of fiscal year 2023, according to data obtained through a public records request. One with the staff to serve 90 people actually treated just 36.

The services are supposed to help people access treatment so they don't need to be hospitalized through the civil commitment process.

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A recent Mississippi Today/ProPublica investigation found that from 2019 through 2022, at least 2,000 people were jailed without charges while they awaited evaluation and treatment through the state's civil commitment process. Local chancery court officials and law enforcement said they wanted to place those people in crisis stabilization units for treatment, but that the facilities are often full or reject people because they are too “violent,” have a medical issue or need a higher level of care.

The state has expanded Crisis Stabilization Unit beds from 128 in 2018 to 180 today, with plans to open more.

Adams County Sheriff Travis Patten, who testified during the 2019 trial, said the CSU that opened in his area in 2021 hasn't reduced the number of people held in his jail during the civil commitment process because the facility refused to admit them except in rare circumstances.

In late August, Lacey Handjis, a 37-year-old mother, died in Patten's jail while detained there – with no criminal charges – during civil commitment proceedings. Her death is under investigation by the Mississippi Bureau of Investigation.

Patten said the Fifth Circuit ruling was “disheartening.”

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“I'm not pointing the finger at anyone saying it's their fault, but I am saying that you are judged by how you treat the least of them, and this state can do a lot better in terms of the treatment that is offered and supplied to our mental health consumers,” he said.

Advocates in Mississippi expressed disappointment with the ruling.

Polly Tribble, executive director of Disability Rights Mississippi – the state's protection and advocacy agency for people with disabilities – said in a statement that with mental illness are still unnecessarily institutionalized.

“If Mississippi was making improvements to its mental healthcare system, as the state has claimed, in conjunction with the order, why did the state feel the need to appeal?” she said. “Shouldn't it be everyone's hope that people with mental illness are receiving the care they need in the best for positive outcomes, no matter who is dictating it?”

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Melody Worsham, a certified peer specialist who lives with a mental illness and testified at the 2019 trial, said she worries that without federal oversight, the won't be willing to continue funding expanded mental health services.

“My educated gut right now talking to you is that that's what they're gonna do in the Legislature: ‘We don't have to do this anymore,'” she said. “‘The court case isn't here anymore, so we can do whatever we want. I don't want to fund that anymore. We're just going to reduce the budget and you'll just have to figure it out.'”

National implications?

The Department of Justice suit in Mississippi was one of dozens of actions the agency has taken to enforce the “integration mandate” of the ADA established by the U.S. Supreme Court in Olmstead v. L.C. In that case, the nation's highest court ruled that institutionalizing people and depriving them of the chance to live in their communities constitutes discrimination. The Justice Department has relied on that precedent to sue states to force them to provide community services for people with mental illness.

At the Fifth Circuit, Mississippi argued that the remedial order “raises fundamental federalism problems by permitting the district court and the United States to micromanage a State's mental-health system.”

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Mississippi Department of Mental Health Board Chairman Stewart Rutledge said in a statement that those lawsuits had overstepped.

“Mississippi chose to fight,” he said. “And we fought for our citizens who desperately need mental health services. Conversely, the US Department of Justice spent the last twenty years bleeding mental health systems nationwide in bare pursuit of a win. Mississippi took a huge risk standing up to this bullying, but with this victory, Mississippi – and the rest of the states – can put their full resources back toward serving our fellow citizens in need.”

The Attorney General's Office, which argued the case at the Fifth Circuit, said the lower court's ruling “gave the federal government the ability to dictate the way Mississippi provides mental healthcare to its citizens” and cheered its overturning.

Joy Hogge, executive director of Families As Allies, pointed out that the district court's requirements for the Department of Mental Health were substantially similar to what the department proposed. The state's response to the lawsuit “was about Mississippi making it clear that the federal government can't tell it what to do,” she said.

“That being said, there are more services in place than there were, and DMH has set up a system to monitor them,” she said. “I hope all that continues.”

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Schuller, the legal director for the Bazelon Center, pointed out that the ruling is controlling only in the Fifth Circuit.

The Department of Justice could request a rehearing by all the judges of the Fifth Circuit.

It could appeal to the United States Supreme Court, but a loss there could have major ramifications for the enforcement of the ADA around the country.

“There's a danger in any litigation and I would certainly say looking at the court right now, disability rights advocates and Olmstead litigators would oppose DOJ appealing that to the Supreme Court,” Schuller said. “I would certainly hope that they would not.”

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Mississippi Today

Federal panel prescribes new mental health strategy to curb maternal deaths

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For help, call or text the National Maternal Mental Health Hotline at 1-833-TLC-MAMA (1-833-852-6262) or contact the 988 Suicide & Crisis Lifeline by dialing or texting “988.” Spanish-language services are also available.

BRIDGEPORT, Conn. — Milagros Aquino was trying to find a new place to live and had been struggling to get used to new foods after she moved to Bridgeport from Peru with her husband and young son in 2023.

When Aquino, now 31, got pregnant in May 2023, “instantly everything got so much worse than before,” she said. “I was so sad and lying in bed all day. I was really lost and just surviving.”

Aquino has lots of company.

Perinatal depression affects as many as 20% of women in the United States during pregnancy, the postpartum period, or both, according to studies. In some states, anxiety or depression afflicts nearly a quarter of new mothers or pregnant women.

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Many women in the U.S. go untreated because there is no widely deployed system to screen for mental illness in mothers, despite widespread recommendations to do so. Experts say the lack of screening has driven higher rates of mental illness, suicide, and drug overdoses that are now the leading causes of death in the first year after a woman gives birth.

“This is a systemic issue, a medical issue, and a human rights issue,” said Lindsay R. Standeven, a perinatal psychiatrist and the clinical and education director of the Johns Hopkins Reproductive Mental Center.

Standeven said the root causes of the problem include racial and socioeconomic disparities in maternal care and a lack of support systems for new mothers. She also pointed a finger at a shortage of mental health professionals, insufficient maternal mental health for providers, and insufficient reimbursement for mental health services. Finally, Standeven said, the problem is exacerbated by the absence of national maternity leave policies, and the access to weapons.

Those factors helped drive a 105% increase in postpartum depression from 2010 to 2021, according to the American Journal of Obstetrics & Gynecology.

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For Aquino, it wasn't until the last weeks of her pregnancy, when she signed up for acupuncture to relieve her stress, that a social worker helped her get care through the Emme Coalition, which connects girls and women with financial help, mental health counseling services, and other resources.

Mothers diagnosed with perinatal depression or anxiety during or after pregnancy are at about three times the risk of suicidal behavior and six times the risk of suicide with mothers without a mood disorder, according to recent U.S. and international studies in JAMA Network Open and The BMJ.

The toll of the maternal mental health crisis is particularly acute in rural communities that have become maternity care deserts, as small hospitals close their labor and delivery units because of plummeting birth rates, or because of financial or staffing issues.

This week, the Maternal Mental Health Task Force — co-led by the Office on Women's Health and the Substance Abuse and Mental Health Services Administration and formed in September to respond to the problem — recommended creating maternity care centers that could serve as hubs of integrated care and birthing facilities by building upon the services and personnel already in communities.

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The task force will soon determine what portions of the plan will require congressional action and funding to implement and what will be “low-hanging fruit,” said Joy Burkhard, a member of the task force and the executive director of the nonprofit Policy Center for Maternal Mental Health.

Burkhard said equitable access to care is essential. The task force recommended that federal officials identify where maternity centers should be placed based on data identifying the underserved. “Rural America,” she said, “is first and foremost.”

There are shortages of care in “unlikely areas,” including Los Angeles County, where some maternity wards have recently closed, said Burkhard. Urban areas that are underserved would also be eligible to get the new centers.

“All that mothers are asking for is maternity care that makes sense. Right now, none of that exists,” she said.

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Several pilot programs are designed to help struggling mothers by training and equipping midwives and doulas, people who provide guidance and support to the mothers of newborns.

In Montana, rates of maternal depression before, during, and after pregnancy are higher than the national average. From 2017 to 2020, approximately 15% of mothers experienced postpartum depression and 27% experienced perinatal depression, according to the Montana Pregnancy Risk Assessment Monitoring System. The state had the sixth-highest maternal mortality rate in the country in 2019, when it received a federal grant to begin training doulas.

To date, the program has trained 108 doulas, many of whom are Native American. Native Americans make up 6.6% of Montana's population. Indigenous people, particularly those in rural areas, have twice the national rate of severe maternal morbidity and mortality compared with white women, according to a study in Obstetrics and Gynecology.

Stephanie Fitch, grant at Montana Obstetrics & Maternal Support at Billings Clinic, said training doulas “has the potential to counter systemic barriers that disproportionately impact our tribal communities and improve overall community health.”

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Twelve states and Washington, D.C., have coverage for doula care, according to the National Health Program. They are California, Florida, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oklahoma, Oregon, Rhode Island, and Virginia. Medicaid pays for about 41% of births in the U.S., according to the Centers for Disease Control and Prevention.

Jacqueline Carrizo, a doula assigned to Aquino through the Emme Coalition, played an important role in Aquino's recovery. Aquino said she couldn't have imagined going through such a “dark time alone.” With Carrizo's support, “I could make it,” she said.

Genetic and environmental factors, or a past mental health disorder, can increase the risk of depression or anxiety during pregnancy. But mood disorders can happen to anyone.

Teresa Martinez, 30, of Price, Utah, had struggled with anxiety and infertility for years before she conceived her first child. The joy and relief of giving birth to her son in 2012 were short-lived.

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Without warning, “a dark cloud came over me,” she said.

Martinez was afraid to tell her husband. “As a woman, you feel so much pressure and you don't want that stigma of not being a good mom,” she said.

In recent years, programs around the country have started to help recognize mothers' mood disorders and learn how to help them before any harm is done.

One of the most successful is the Massachusetts Child Psychiatry Access Program for Moms, which began a decade ago and has since spread to 29 states. The program, supported by federal and state funding, provides tools and training for physicians and other providers to screen and identify disorders, triage patients, and offer treatment options.

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But the expansion of maternal mental health programs is taking place amid sparse resources in much of rural America. Many programs across the country have out of money.

The federal task force proposed that Congress fund and create consultation programs similar to the one in Massachusetts, but not to replace the ones already in place, said Burkhard.

In April, Missouri became the latest state to adopt the Massachusetts model. Women on Medicaid in Missouri are 10 times as likely to die within one year of pregnancy as those with private insurance. From 2018 through 2020, an average of 70 Missouri women died each year while pregnant or within one year of giving birth, according to state government statistics.

Wendy Ell, executive director of the Maternal Health Access Project in Missouri, called her service a “lifesaving resource” that is free and easy to access for any health care provider in the state who sees patients in the perinatal period.

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About 50 health care providers have signed up for Ell's program since it began. Within 30 minutes of a request, the providers can consult over the phone with one of three perinatal psychiatrists. But while the doctors can get help from the psychiatrists, mental health resources for patients are not as readily available.

The task force called for federal funding to train more mental health providers and place them in high-need areas like Missouri. The task force also recommended training and certifying a more diverse workforce of community mental health workers, patient navigators, doulas, and peer support specialists in areas where they are most needed.

A new voluntary curriculum in reproductive psychiatry is designed to help psychiatry residents, fellows, and mental health practitioners who may have little or no training or education about the management of psychiatric illness in the perinatal period. A small study found that the curriculum significantly improved psychiatrists' ability to treat perinatal women with mental illness, said Standeven, who contributed to the training program and is one of the study's authors.

Nancy Byatt, a perinatal psychiatrist at the of Massachusetts Chan School of Medicine who led the launch of the Massachusetts Child Psychiatry Access Program for Moms in 2014, said there is still a lot of work to do.

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“I think that the most important thing is that we have made a lot of progress and, in that sense, I am kind of hopeful,” Byatt said.

Cheryl Platzman Weinstock's reporting is supported by a grant from the National Institute for Health Care Management Foundation. KFF Health News is a national newsroom that produces in-depth journalism about health issues and is one of the core operating programs at KFF—an independent source of health policy research, polling, and journalism. Learn more about KFF.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

New law gives state board power to probe officer misconduct

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mississippitoday.org – Jerry Mitchell – 2024-05-16 10:59:23

The state's officer certification and board now has the power to investigate enforcement misconduct.

Gov. Tate Reeves signed the bill making it official.

Public Safety Commissioner Sean Tindell, who pushed for the legislation, said that House Bill 691 authorizes the Board of Law Enforcement Officer Standards and Training “to launch its own investigations into officer misconduct. This change, along with the to hire two investigators, will improve the board's ability to ensure officer professionalism and standards.”

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The new law comes in the wake of an investigation by the Mississippi Center for Investigative at and The New York Times into sheriffs and deputies across the state over allegations of sexual abuse, torture and corruption.

Tindell said the new law will “improve law-enforcement training in Mississippi by requiring all law enforcement to continuing training throughout an officer's career.”

Under that law, deputies, sheriffs and state law enforcement officers will join officers in the requirement to have up to 24 hours of continuing education training. Those who fail to train could lose their certifications.

Other changes will take place as well. Each year, the licensing board will have to on its activities to the Legislature and the governor. 

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Tindell thanked Reeves “for signing this important piece of legislation and the legislative who supported its passage, including the author of HB 691, Representative Fred Shanks.”

Shanks, R-Brandon, praised the “team effort with some very smart people who want a top-notch law enforcement community.”

The new law creates a 13-member board with the governor having six appointments – two police chiefs, two sheriffs, a district attorney and the director of the Mississippi Law Enforcement Officers' Training Academy.

Other members would include the attorney general or a designee, the director of the Mississippi Highway Patrol, the public safety commissioner and the presidents of the Mississippi Association of Chiefs of Police, the Mississippi Constable Association, the Mississippi Campus Law Enforcement Association and the Mississippi Sheriffs' Association (or their designees).

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“We obviously need checks and balances on how law enforcement officers conduct themselves,” said state Sen. John Horhn, D-Jackson. “This is a good first step.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Lawmakers punt to next year efforts to expand college aid for low-income Mississippians

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mississippitoday.org – Molly Minta – 2024-05-16 09:49:59

A bill to open a college financial aid program for the first time ever to who are adult, part-time and very low-income fell to the wayside in a legislative dominated by fights over Medicaid and K-12 funding.

The effort to expand the Mississippi Resident Tuition Assistance Grant, called MTAG, died in conference after it was removed from House Bill 765, legislation to financial assistance to teachers in critical shortage . The Senate had attached MTAG's code sections to that bill in an attempt to keep the expansion alive. 

This takes Jennifer Rogers, the director of the Mississippi Office of Student Financial Aid, back to the drawing board after years of championing legislation to modernize the way the state helps Mississippians pay for college. 

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“At the end of the day, there was no appetite to spend any additional money on student financial aid,” Rogers said. “Obviously, I'm disappointed.” 

All told, the original proposal would have resulted in the state spending upwards of $30 million extra each year, almost doubling OSFA's roughly $50 million budget. 

The increase derived from two aspects of the proposal: An estimated 37,000 Mississippians who have never been eligible for college financial aid would have become eligible to it, and the scholarship amounts would have increased. 

While college students from millionaire families can get MTAG, the state's poorest students are not eligible, Mississippi previously reported. 

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READ MORE: College financial aid program designed to exclude Mississippi's poorest students has helped children of millionaires

Rep. Kent McCarty, R-Hattiesburg, said he supports efforts to help low-income Mississippians afford college, but that HB 765 was not an appropriate vehicle to do so because it was not an appropriations bill. Attempting to expand MTAG through that legislation would have put the original subject of HB 765, the Mississippi Critical Teachers Shortage Act, at risk.

“We didn't feel it was appropriate to include an appropriation in a bill that had not been through the appropriations process,” he said.

McCarty, a member of the House Universities and Colleges Committee, added that he is in favor of changing MTAG and doesn't understand the logic behind excluding from state financial aid Mississippi college students who receive a full federal Pell Grant, meaning they from the state's poorest families.

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“What is the purpose of financial aid? To aid those who need financial aid,” he said. “Excluding a group of students because they're eligible for other financial aid doesn't make a lot of sense to me.”

Ultimately, the Mississippi House deemed the proposal too expensive. It never passed out of that chamber's Appropriations Committee. 

READ MORE: ‘A thing called money:' Bill to expand financial aid stalled after House lawmakers balk at price tag

Rogers said she plans to work with lawmakers to convince them that it is a good use of state dollars to invest in financial aid. She added that the of the business community helped keep the bill alive as long as it did this session. The Mississippi Economic Council supported the legislation. 

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“I don't understand why there is such a hesitancy to invest more in the future workforce of the state,” she said. “I don't understand why there isn't a willingness to invest in student financial aid as a way to help more Mississippians complete meaningful certificates or degrees, valuable certificates or degrees and improve the quality of the workforce.” 

Senate Education Committee Chairman Dennis DeBar, R-Leakesville, told that he hopes to take a closer look at MTAG this summer, noting that the Senate's version of the proposal, which also included a last-dollar tuition scholarship, was a priority of the lieutenant governor on last year's campaign trail.

“We had so many issues last session,” DeBar said. “Hopefully there won't be as many next year so we can just focus this year and get it across the finish line.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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