May 12, 2010
To: Assisted Living Providers
Re: Disability Rights NC
Some of you have contacted me regarding calls from Disability Rights NC. They are alerting you that your facility has been selected to participate in a “monitoring” visit. Below is information regarding what I know about who is the Disability Rights Organization, information I have gathered since first hearing of the visits, and guidance for those of you who have been designated to participate.
Disability Rights North Carolina (DRNC) is an independent, private not for profit organization. Designated by the Governor on July 1, 2007 to ensure the rights of all state citizens with disabilities through individual advocacy and system change, DRNC is part of a national system of federally mandated independent disability agencies. They receive federal money, but are completely independent of state government. DRNC was formerly known in NC as Carolina Legal Assistance. You will recall they are the group who were the plaintiffs in the Thomas S. lawsuit.
I spoke today to Vicki Smith, Executive Director of DRNC and inquired about the proceedings. She told me that they will be visiting a “hand full” of adult care homes, homeless shelters, and club houses to inquire about “access to mental health treatment”. She said they will not be asking for charts or any written information; they will be seeking to interview the residents. And she further stated that DRNC has federal authority to conduct the interview.
They will not be in the facilities to determine compliance issues by the facility. DRNC generally sues the states, not facilities, over consumer rights.
I have also sought guidance from DHSR regarding how facilities need to respond to the request for entrance to the facilities. DHSR staff cautioned facilities to ask to see a copy of the legal authority from the interviewers and to guard against allowing access to charts or other written information regarding residents. DHSR Staff stated that if the facility allows access to confidential information without authority to do so they could be in violation of HIPPA requirements.
Therefore the guidance I am providing is as follows:
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Return calls when you have been approached by DRNC and allow access to the property
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Ask for a written copy of the authority given DRNC by the federal government to conduct the interviews.
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Seek advice from an attorney if there is doubt about any request for written information or if you feel uncomfortable about any request.
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Do not allow access to residents for interviews for any resident who has a legal guardian unless the guardian signs for permission for the interview.
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Ask all other residents who are requested to participate to sign written permission to be interviewed before you allow access.
Here is a document and a link to DRNC that gives you information regarding the organization.
I am not certain what the DRNC will do with the information gathered from the residents; however, I am sure they will review their options for advocacy, and we may see a class action suit or some other legal action through the NC Department of Justice regarding access to mental health services.
If I can answer any other questions for you I can be reached at 919-787-3560.
Lou Wilson, NCALTCF
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