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VOPA files suit for patient names

Case Management Weekly, February 4, 2004

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Last week, the Virginia Office for Protection and Advocacy (VOPA) filed a lawsuit against the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services for improperly refusing to supply the names and contact information on patients considered ready for discharge.

Dr. James S. Reinhard, mental-health commissioner, said by law he cannot release the names of people on the "extraordinary barriers to discharge list" as VOPA has requested. People on that list are ready to be discharged, but in most cases, no space is currently available in an appropriate program on the outside, he said.

In early January, Reinhard wrote a letter to VOPA's executive director, suggesting that VOPA prepare written statements for presentation to each patient by human-rights advocates, not by facility staff members. The patients would be encouraged to contact VOPA themselves or authorize the advocates to give VOPA their names and contact information. Reinhard said VOPA rejected that proposal. The lawsuit outlines discussions held between the mental-health department and VOPA in December but does not mention the letter.

Source: Adapted from the Richmond Times Dispatch

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