Disability Rights Pennsylvania Seeks to End Illegal Segregation of People with Psychiatric Disabilities in State Hospitals

FOR IMMEDIATE RELEASE

April 17, 2023

Disability Rights Pennsylvania

301 Chestnut Street, Suite 300

Harrisburg, PA 17101

Disability Rights Pennsylvania seeks to end illegal segregation of people with psychiatric disabilities in State Hospitals

Disability Rights Pennsylvania (DRP) announced today that it filed a federal lawsuit on behalf of a class of individuals with psychiatric disabilities against the Pennsylvania Department of Human Services (DHS) for violations of the American with Disabilities Act (ADA).  The lawsuit challenges the unnecessary and illegal segregation of people with psychiatric disabilities in state psychiatric institutions and the failure to ensure people with psychiatric disabilities are provided the services they need in community-based settings.  The lawsuit was filed in the United States District Court for the Middle District of Pennsylvania.

“People with psychiatric disabilities have the right to live in their communities and not be unnecessarily institutionalized,” said Brynne S. Madway, a DRP Attorney. “It is unconscionable that individuals who are ready for discharge have languished in Pennsylvania State Hospitals because of a lack of services in the community.  This case illustrates the widespread lack of available mental health options in Pennsylvania, resulting in adults being forced into restrictive settings like hospitals, prisons, and jails.”

Mark Daddazio is a 38-year-old who has been hospitalized for more than six years. His treatment team has recommended he be discharged into the community for over a year.

Patricia Blauser is a 21-year-old who has been hospitalized for nearly two years. Ms. Blauser is ready for discharge; however, there are no options available for community placement.

DRP alleges that plaintiffs are entitled to receive community-based services in the most integrated setting, but that no such services are available in violation of federal law.

DRP also alleges that individuals at the state hospitals are not being appropriately evaluated for discharge.

“Due to the chronic underfunding of Pennsylvania’s mental health system, the plaintiffs and other class members have lived in segregated settings without the ability to make the choices we take for granted every day,” said Madway.  “This is the result of the state’s failure to comply with its own de-institutionalization plan, resulting in the Plaintiffs, and other class members, being trapped in institutions.”

In 2017, DRP filed a federal lawsuit on behalf of a class of Pennsylvania youth who have been adjudicated dependent and have psychiatric disabilities.  In S.R. v. Department of Human Services, the lawsuit alleges that DHS violates federal Medicaid law by failing to provide class members with medically necessary behavioral health services and violates the ADA and the Rehabilitation Act by, among other things, failing to provide them with services in the most integrated settings appropriate to their needs.  The case is still pending.

DRP also filed a lawsuit to remedy abuse suffered by youth with disabilities.  On April 30, 2019, DRP filed a federal lawsuit on behalf of youth with psychiatric and developmental disabilities who suffer physical and emotional abuse by staff while living at state-run Youth Developmental Centers. The case is still pending.

Disability Rights Pennsylvania (DRP) is the statewide protection and advocacy agency for Pennsylvanians with disabilities.  DRP protects and advocates for the rights of people with disabilities so they may live the lives they choose, free from abuse, neglect, discrimination, and segregation.

You can read the complaint here.