State settles suit on denial of mental health services

Question: Whatever happened to the class-action lawsuit over denial of mental health services by the state?

Answer: Residents denied state mental health services between July 1, 2009, and Dec. 16, 2010, because of changes to state policies are now eligible for a reassessment for those services as part of the recently approved settlement.

The state Department of Health said in a news release last week that its Adult Mental Health Division will mail about 280 notification letters statewide in an effort to reach individuals who are eligible for reassessment based on 2004 criteria. Those receiving psychiatric care or other services from another source might still qualify for services, the state said.

The lawsuit was filed two years ago on behalf of about 250 residents who were denied eligibility after the division limited it to individuals deemed to have more serious conditions, such as schizophrenia and bipolar disorder. Individuals who suffered from conditions such as post-traumatic stress disorder and most forms of depression were no longer eligible.

With limited resources due to budget cuts, the division had to make a judgment on what conditions were relatively more serious, the state has said.

The Hawaii Disability Rights Center and Alston Hunt Floyd & Ing filed a lawsuit against the state in June 2010. The recently approved agreement settles all claims related to the lawsuit and requires the division to allow all members of the plaintiff class to be reassessed under criteria passed before July 1, 2009.

When the center filed its complaint it said, "The cutbacks harmed thousands of mentally ill adults throughout the state of Hawaii by depriving them of access to needed medication, treatment and other services."

The center argued that the state changed its eligibility rules to end services it provides to patients other than those with severe and persistent mental illness with no public input or discussion. The center said thousands of people were left to find help from private providers who were already in short supply.

The new eligibility rules were void because they were adopted without following requirements of the Hawaii Administrative Procedures Act for a formal process allowing interested people to comment, the lawsuit contended.

The complaint, settlement and release agreement, motion for preliminary approval of the settlement and other documents can be found at www.hawaiidisability­rights. org.

Members of the plaintiff class can contact the division on Oahu at 832-3100 or from the neighbor islands toll free at 800-753-6879. Lawyers can be contacted at 949-2922 (Hawaii Disability Rights Center) or 524-1800 (Alston Hunt Floyd & Ing).