Saying Farewell

Rick Glassman holds Joi nt Resolution at his farewell lunch

 

We would like to thank Rick Glassman for his many years

of service at the Disability Law Center,

and for his lifetime commitment to the rights

for all people with disabilities.

Below is a Joint Resolution read before the Massachusetts Legislature on

December 10, 2024.


TO:  ENGROSSING

RE.:  JOINT RESO INITIATED IN THE HOUSE

SPONSORS:  REP. GARBALLEY AND REP. ROGERS (HOUSE LEADS) AND SEN. FRIEDMAN (SEN. LEAD)

DATE: 12-10-24

CONGRATULATING RICK GLASSMAN ON HIS RETIREMENT AFTER A LIFETIME OF ADVOCACY FOR THE DISABILITY LAW CENTER

WHEREAS, RICK GLASSMAN OF THE TOWN OF ARLINGTON WILL RETIRE AS THE DIRECTOR OF ADVOCACY FOR THE DISABILITY LAW CENTER [BH1] ON DECEMBER 31, 2024, FOLLOWING 10 YEARS OF LEADERSHIP IN THIS ROLE AND A LIFETIME OF SERVICE TO THE COMMONWEALTH; AND

WHEREAS, RICK ATTENDED COLGATE UNIVERSITY AND NORTHEASTERN UNIVERSITY SCHOOL OF LAW AS WELL AS THE HARVARD UNIVERSITY LEADERSHIP DEVELOPMENT PROGRAM; AND

WHEREAS, RICK ARRIVED AT THE DISABILITY LAW CENTER IN JULY 2006 WHERE HE SERVED AS DIRECTOR OF LITIGATION, WHERE HE SUPERVISED ATTORNEYS AND ADVOCATES HANDLING INVESTIGATIONS OF ABUSE AND NEGLECT, UNTIL FEBRUARY 2014 AND HAS SERVED AS THE DIRECTOR OF ADVOCACY SINCE THEN, ENGAGING IN LEGISLATIVE AND ADMINISTRATIVE ADVOACY AND PUBLIC POLICY ISSUES ON A RANGE OF ISSUES AS WELL AS MONITORING AND INVESTIGATING ABUSE AND NEGLECT; AND

WHEREAS, RICK’S EXTENSIVE KNOWLEDGE OF STATUTES, REGULATIONS, SUB-REGULATORY DIRECTIVES, CASE LAW, AND STATE DISCRIMATION LAWS HAS BENEFITTED THE DISABILITY LAW CENTER, AS WELL AS COUNTLESS INDIVIDUALS, LEGISLATORS, AND GRASS-ROOTS ORGANIZATIONS WHO RELIED ON HIS LEGAL MIND; AND

WHEREAS, RICK WAS CRUCIAL TO THE PASSAGE OF NICKY’S LAW WHICH ESTABLISHED A MECHANISM TO TRACK INSTANCES OF WORKER ABUSE PERPETRATED ON PERSONS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITY, AND HIS COLLABATIVE ADVOCACY WORK WITH THE CHILDREN AND LAW DIVISON OF CPCS AND DCF BROUGHT ABOUT ADMINISTRATIVE CHANGE TO END THE PRACTICE AT DCF OF SWEEPING SOCIAL SECURITY BENEGFITS INTO THE MASSACHUSETTS GENERAL FUND, AND DURING HIS TIME AT DLC, HE HAS BEEN A SUPERVISOR, SENIOR MANAGER, AND MENTOR TO MANY SUMMER LAW INTERNS AND LAW FELLOW;  THEREFORE BE IT

RESOLVED, THAT THE MASSACHUSETTS GENERAL COURT HEREBY CONGRATULATES RICK GLASSMAN ON HIS RETIREMENT AS DIRECTOR OF ADVOCACY FOR THE DISABILITY LAW CENTER, EXPRESSES ITS GRATITUDE FOR HIS DEDICATED SERVICE TO THE COMMONWEALTH AND EXTENDS TO HIM ITS BEST WISHES IN ALL HIS FUTURE ENDEAVORS, AND BE IT FURTHER

RESOLVED, THAT A COPY OF THESE RESOLUTIONS BE FORWARDED BY THE CLERK OF THE HOUSE OF REPRESENTATIVES TO RICK GLASSMAN.

[BH1]This is the statutory name of the office

Disability Law Center Report Calls for Transfer of Bridgewater State Hospital to the Department of Mental Health Immediately

FOR IMMEDIATE RELEASE

Contact: Tatum Pritchard
tpritchard@dlc-ma.org

Disability Law Center Report Calls for Transfer of Bridgewater State Hospital to the Department of Mental Health Immediately

July 30, 2024

Today, the Disability Law Center (DLC) released a public report discussing findings and recommendations from its intensive monitoring of Bridgewater State Hospital (BSH) from January to June 2024. As Massachusetts’ Protection and Advocacy agency, DLC has federal authority to monitor facility conditions and investigate abuse and neglect of the persons with disabilities committed to BSH. DLC issued a private report to select government officials on July 23.

In the report, DLC offers two critical recommendations: (1) the Commonwealth must immediately transfer authority over BSH to the Department of Mental Health (DMH) from the Department of Correction (DOC) and (2) the Commonwealth must urgently construct a new DMH hospital to serve the BSH population.

After a decade of onsite presence, extensive document review, and regular contact with BSH patients, staff, and administrators revealing persistent legal violations, abuse, and subpar care within BSH, it is clear that no other actions will protect the rights and health of the BSH population. Moreover, application of DMH rules and regulations to all individuals receiving forensic mental health evaluations and treatment is a necessary step toward health equity. It is time to recognize and begin addressing the undeniable link between the systemic racism in our mental health and criminal systems and the significant overrepresentation of Black and African American individuals at BSH.

Addressing a broad range of topics, the report offers important updates about continuing violations of Massachusetts restraint law in BSH restraint and seclusion practices – notable among them, a discussion about the over 900,000 undocumented seclusion hours individuals endure locked in prison cells each year due to its status as a DOC prison, rather than a DMH hospital. Other sections include discussions about the lack of clarity in the “strict security” standard permitting determinations grounded in bias; the dangerous hot and humid conditions within BSH this summer; continuing mold contamination; issues with access to medications for opioid use disorder and medical care; and continuity of care for people discharged from BSH.

“Stopping the illegal and inhumane practices detailed in repeated DLC reports and lawsuits over the last ten years requires transferring care of the BSH population to DMH,” said Tatum A. Pritchard, Director of Litigation of DLC. “While DLC understands that the transition between agencies will be difficult, the individuals with mental health disabilities who are involuntarily committed to BSH cannot and should not have to wait any longer.”

“DLC urges the Commonwealth to take immediate action to ensure that the BSH population can access appropriate psychiatric services in facility run by our state mental health authority.” said Barbara L’Italien, Executive Director of DLC.

 


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Disability Law Center Finds Inadequate Access to Treatment, Mold Contamination, and Unlawful Restraint Practices at Bridgewater State Hospital Persist

FOR IMMEDIATE RELEASE

Contact: Dominic Slowey | 781-710-0014
dslowey@sloweymcmanus.com

Disability Law Center Finds Inadequate Access to Treatment,
Mold Contamination, and Unlawful Restraint Practices
at Bridgewater State Hospital Persist

The Disability Law Center (DLC), the Commonwealth’s Protection and Advocacy system, today released a public report regarding its monitoring efforts at Bridgewater State Hospital (BSH) and findings from the latter half of 2023. DLC issued a private, unredacted version of the report on February 29, 2024 to select government officials. The report marks ten years of intensive DLC advocacy to protect the rights of and improve care for individuals involuntarily held in BSH, a Department of Correction (DOC) facility. DLC repeats its urgent call for the Commonwealth to transfer oversight of the BSH population to the Department of Mental Health (DMH) and to construct a new psychiatric hospital.

Covering a range of topics, the report provides updates about recurring unlawful and violent BSH restraint practices, significant mold contamination, and inadequate access to appropriate medical care. In addition, for the first time, the report explores medical expert findings that Medications for Opioid Use Disorder (MOUD) prescribing practices at BSH fail to comport with the medical standard of care and the troubling conditions and limited access to treatment that new admissions to BSH face.

Over the course of this monitoring period, DLC conducted weekly onsite visits, met with individuals held at BSH, met with BSH staff and administrators, reviewed extensive records, regularly corresponded with DOC and its contracted provider, Wellpath, and engaged two highly qualified experts – Gordon Mycology, an expert with 27 years of professional mold and air quality inspection experience, and Dr. Evan Gale, a dual board-certified internal medicine and addiction medicine physician who serves as the Associate Medical Director of the Addiction Consult Team and Director of Inpatient Training of the Addiction Medicine Fellowship at Massachusetts General Hospital.

“It is clear that neither the care that DOC and Wellpath offer, nor the deteriorating prison facility meet the needs of the BSH population. DLC’s monitoring efforts reveal persistent legal violations, abuse, inadequate medical and mental health treatment, and mold contamination at BSH. Transfer of oversight to DMH is long overdue,” stated Tatum A. Pritchard, Director of Litigation of DLC. “Failure to prioritize appropriate, stabilizing care and protect individuals with mental health disabilities at BSH from compounding trauma has real consequences for those individuals, their loved ones, and the Commonwealth’s larger mental health and criminal justice systems.”

“DLC urges the Commonwealth to take action to ensure that all individuals with mental health disabilities who are involuntarily committed for psychiatric evaluation and treatment in our state have access to appropriate services in a therapeutic environment. This cannot be true while BSH remains open,” said Barbara L’Italien, Executive Director of DLC.

 

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Incarcerated Deaf and Hard-Of-Hearing People Win Access to Life-Saving Fire Alarms and Other Emergency Notifications

FOR IMMEDIATE RELEASE:

BOSTON – January 23, 2024 – In a long-awaited victory, incarcerated people who are deaf or hard of hearing will receive life-saving emergency notifications in Massachusetts correctional facilities.

Following eight years of litigation culminating in a trial in August, United States District Court Judge Richard G. Stearns ruled that the Massachusetts Department of Correction’s (DOC) violated the Americans with Disabilities Act and the Rehabilitation Act by failing to provide an effective emergency alarm system and evacuation procedures for people in custody who are deaf or hard of hearing.

“It doesn’t just impact me. It impacts the whole population here. You have elderly people, people with other disabilities, officers – an evacuation procedure that works for all of us sends the message that we all matter,” said Daniel McNair, an incarcerated person and trial witness for the case.

The case is entitled Briggs, et al. v. Department of Correction, et al. The plaintiffs, represented by

Prisoners’ Legal Services of Massachusetts, Disability Law Center, Washington Lawyers’ Committee for Civil Rights and Urban Affairs, and WilmerHale, argued that because many housing units and common areas in DOC facilities rely exclusively on audible alarms, deaf and hard-of-hearing individuals face a significant risk of death or serious injury because of their inability to hear safety announcements and fire alarms. Multiple class members testified at the trial about instances when they were left behind in their cells or did not evacuate promptly during fire drills because they did not hear the alarm.

“This ruling sends a clear message that disability rights do not stop at the prison gates. For far too long, DOC failed to meet its basic legal obligations to ensure equal access to emergency notifications and alarms for deaf and hard-of-hearing prisoners. Today’s decision is an important win for incarcerated people with disabilities,” said Lisa Pirozzolo, Partner at WilmerHale.

“In combination with the wide-ranging 2019 settlement in this case, the Court’s decision makes clear that DOC must provide people who are Deaf or hard-of-hearing access to effective communication, programming, and other services, including life-saving emergency notifications. We are grateful to our clients for their resolve and hope that the ruling serves as a reminder that individuals with disabilities are entitled to reasonable accommodations from all Commonwealth agencies,” said Tatum A. Pritchard, Director of Litigation at the Disability Law Center.

Experts presented by the plaintiffs confirmed that there are many effective means of emergency notification—including visual alarms like strobe lights and tactile alerts—that could serve as appropriate accommodations for deaf and hard-of-hearing people. After years of review and discussion, even DOC officials have acknowledged the “system wide” need for such accommodations.

“We are thrilled that incarcerated deaf and hard-of-hearing people have secured accommodations for their disabilities,” said Kaitlin Banner, Deputy Legal Director at Washington Lawyers’ Committee for Civil Rights and Urban Affairs. “However, it’s disappointing that it required a lawsuit to ensure that people in Massachusetts are guaranteed their right to safety. Massachusetts was not the first state that we’ve fought for access to emergency alarms, but we hope it will be the last state where such a suit is necessary.”

In its ruling, the court ordered the DOC to develop comprehensive policies for each prison to ensure that deaf and hard-of-hearing prisoners can finally receive lifesaving emergency notifications on equal terms with people who do not have disabilities. The court recognized that anything less would subject these incarcerated people to unacceptable risks to their safety and well-being in violation of federal law.

“Deaf and hard-of-hearing prisoners in Massachusetts have been left in their cells during emergencies because DOC has unlawfully refused to provide reasonable accommodations to protect them from dying in a fire. This ruling confirms what we have argued all along – that visual alarms are necessary to protect the health and safety of these individuals and allow them equal access to emergency notifications. I want to thank our clients for their courage and perseverance in this long fight to achieve justice,” said James Pingeon, Litigation Director at Prisoners Legal Services.

The DOC will have until May 16, 2024, to propose a comprehensive policy that provides effective emergency alerts to all deaf and hard of hearing incarcerated people. After plaintiffs have a chance to review and comment, the policy will be submitted to the court for final review and approval.

The alarm system and evacuation plan were the remaining claims not addressed by a comprehensive settlement agreement approved by the court in 2019 in the Briggs litigation. That settlement remedied a wide range of issues faced by incarcerated people with hearing disabilities, including access to hearing aids and sign language interpreters, videophones and captioned telephones, and discrimination in workplace assignments. DOC’s compliance with the terms of that settlement agreement is still being monitored by the court.

###

For more information, contact Prisoners’ Legal Services of Massachusetts Communications Director Aaron Steinberg at asteinberg@plsma.org.

DLC Report Exposes Practice of Diverting Millions Annually of SSA Benefits from Vulnerable Foster Youth in Massachusetts

FOR IMMEDIATE RELEASE

Contact: Rick Glassman

rglassman@dlc-ma.org

DLC Report Exposes Practice of Diverting Millions Annually of SSA Benefits from Vulnerable Foster Youth in Massachusetts

Investigation reveals systemic issues in DCF’s allocation of Social Security benefits

BOSTON, MA (September 26, 2023): In a comprehensive report released today, Disability Law Center, Inc. (DLC), sheds light on a concerning practice within the Massachusetts Department of Children and Families (DCF) that impacts some of the state’s most vulnerable children and young adults. The report, based on extensive research and data analysis, highlights the diversion of millions of dollars in Social Security Administration (SSA) benefits from children in foster care to the state’s General Fund, potentially robbing these already disadvantaged young adults of a brighter future.

The report can be found below.

The report comes immediately ahead of a hearing today of the Joint Committee on Children, Families, and Persons with Disabilities on legislation (H.157 / S.65) to end this practice and protect the benefits of youth in foster care. DLC will testify at the hearing.

DCF acts as the representative payee for approximately 1,250 children in foster care who are eligible to receive SSA benefits each month, either due to their own disability or based on a parent’s wage-earning record, specifically because their parents have retired, become disabled, or passed away. Instead of passing these funds onto the children or their foster families, or holding them in escrow for when they age-out of the system at age 21, DCF redirects a staggering 90% of these funds – totaling approximately $450,000 to $500,000 a month – into the state’s General Fund. Many of these children are unaware that they are eligible for SSA benefits, further compounding the issue. Annually, around $5.5 million in SSA benefits meant for these vulnerable youth is funneled away for the state’s own use, rather than being allocated for their care and future prospects. The practice disproportionately affects BIPOC and LGBTQ+ youth, who are overrepresented in the foster care system and more likely to experience disability.

The report highlights statistics that underscore the challenges faced by transition-age youth (age 21) in Massachusetts foster care:
40% lack stable housing;

  • 74% are not enrolled in post-secondary education;
  • 32% have not obtained a high school diploma;
  • 46% do not have part- or full-time employment;
  • 23% have experienced incarceration; and
  • 18% are parents.

“The report we’ve released today underscores a critical point: these SSA benefits, meant to provide a safety net for the most vulnerable among us, are not being directed toward the betterment of foster care services or the well-being of these children. Instead, they are siphoned away, exacerbating the challenges these youth face as they navigate a complex and often unforgiving system,” said Barbara L’Italien, Executive Director of DLC, the Commonwealth’s Protection and Advocacy (P&A) system and a nonprofit organization advocating for human rights, empowerment, and justice for people with disabilities. “The practice not only raises serious ethical concerns but also fails to align with the core principles of justice and equity that should guide our approach to child welfare. It’s high time for a reevaluation of DCF’s policies.”

Rick Glassman, the lead author of the report and DLC’s Director of Advocacy, said the diversion of these funds is not only a public policy issue, it’s a moral one. “The amount of money is meaningless to a state with a $55 billion budget and an approximately $7.2 billion reserve fund. But to a young adult aging out of foster care, it can mean the difference between a transition to independence and life on the streets.”

The report highlights recommendations for reform within DCF to protect vulnerable youth in the foster care system. Similar policies in other states have been subjected to widespread criticism from national media, and as a result many states have adopted or introduced new policies or legislation to help young people conserve these benefits for adulthood.

“We must ensure that young adults, as they age out of foster care here in Massachusetts, have access to the social security benefits to which they are entitled to jumpstart their financial independence as they transition,” said Senator Jo Comerford (D-Northampton). “I am proud to sponsor a bill that would ensure these benefits are protected for youth in foster care, and would require DCF to provide financial literacy training to these individuals. Grateful for my partnership with Representative Tricia Farley-Bouvier, the Disability Law Center, and the Committee for Public Counsel Services.”

Amy Karp, an attorney at the Committee for Public Counsel Services, which represents children and young adults in foster care, said “these bills will protect some of our most vulnerable clients, those who leave DCF without a permanent connection to parents, family or community. If we permit children in foster care to retain the federal benefits to which they are legally entitled, we can change the trajectory of their lives.  No youth should leave foster care to live on the streets.”

Other key recommendations include ending the practice of diverting SSA benefits from these children, safeguarding their assets for future independence, implementing universal screening to determine eligibility for adult SSA benefits, transparently notifying children and their guardians when DCF becomes their representative payee, and proactively seeking responsible family members or supporters to manage benefits where possible.

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Disability Law Center Again Recommends Transfer of Oversight of Bridgewater State Hospital to the Department of Mental Health Due to Continuing Health and Safety Risks and Rights Violations

FOR IMMEDIATE RELEASE

August 1, 2023

Contact:
Tatum A. Pritchard
Director of Litigation
Disability Law Center
617-315-4612
tpritchard@dlc-ma.org

Disability Law Center Again Recommends Transfer of Oversight of Bridgewater State Hospital to the Department of Mental Health Due to Continuing Health and Safety Risks and Rights Violations

Boston, MA – The Disability Law Center (DLC) has issued its July 2023 report detailing findings and recommendations from its intensive monitoring activities at Bridgewater State Hospital (BSH), including the Bridgewater Annex Units at Old Colony Correctional Center.

DLC covers an array of topics in the report, all of which indicate that health and safety risks and serious rights violations abound at the Department of Correction (DOC) facility run by contractor Wellpath, despite recent reform efforts. For example, DLC finds that: incomplete efforts to address the presence of mold and stifling conditions in housing unit cells leave BSH Persons Served at risk; BSH Persons Served continue to be subjected to violent interventions and illegal chemical and physical restraint and seclusion practices; and access to medical care for many BSH Persons Served remains inadequate. In examining continuity of care issues for current and former Persons Served, DLC discusses impediments to timely and successful transfers to DMH facilities and Mental Health Watch practices in several county correctional facilities.

After almost a decade of monitoring, DLC again urgently calls on the Commonwealth to transfer oversight of the BSH population to the Department of Mental Health (DMH) and to construct a new psychiatric hospital. While DLC offers several interim recommendations to address immediate needs and interests of Persons Served, the report emphasizes that protecting the health, safety, and rights of those with complex mental health needs and disabilities who are involuntarily committed to BSH can only be accomplished with a transfer of power and closure of the infamous facility.

”DLC’s long-term monitoring efforts, supported by Line Item #8900-0001, provide critical insight into the conditions and treatment offered to individuals with complex mental health needs behind the walls of Bridgewater State Hospital. DLC welcomes the bond money now appropriated by the Governor to complete a study of the development a new hospital and urges the state to prioritize the overdue shift from a correctional model to a therapeutic mental health approach overseen by the Department of Mental Health.” Barbara A L’Italien, Executive Director, DLC.

As Massachusetts’ designated Protection and Advocacy, DLC is authorized under federal law to investigate incidents of abuse, neglect, and death of individuals with disabilities throughout the Commonwealth. Line Item #8900-0001 of the FY 2023 Budget provides DLC funding and enhanced legislative authority to monitor the efficacy of service delivery reforms, physical plant, and continuity of care at BSH.

 

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Disability Law Center Investigation Finds Neglect in Cancer-Related Death of an Individual Involuntarily Committed to Lemuel Shattuck Hospital

FOR IMMEDIATE RELEASE

May 8, 2023

Contact:
Tatum A. Pritchard
Director of Litigation
Disability Law Center
617-315-4612
tpritchard@dlc-ma.org

Disability Law Center Investigation Finds Neglect in Cancer-Related Death of an Individual Involuntarily Committed to Lemuel Shattuck Hospital

Boston, MA – The Disability Law Center (DLC) issued a public report today outlining findings of neglect and recommendations concerning the death from cancer of an individual with mental health disabilities who was involuntarily committed to the Metro Boston Mental Health Units at the Lemuel Shattuck Hospital (LSH). As the designated Protection and Advocacy agency for Massachusetts, DLC is authorized under federal law to investigate incidents of abuse, neglect, and death of individuals with disabilities throughout the Commonwealth.

The report discusses the experience of Mr. Harris (a pseudonym), a Black man from Boston diagnosed with schizoaffective disorder, who developed a cancerous lesion on his nose that was not properly diagnosed or treated for more than a year and a half while he was inpatient at LSH. As part of the investigation, DLC’s medical expert concluded that Mr. Harris would have had a high chance of survival had his cancer been treated promptly at or soon after his initial presentation. Unfortunately, LSH provided Mr. Harris medical treatment that failed to comport with the standard of care in a several ways, including by failing to diagnose through biopsy and appropriately treat his lesion; failing to ensure that Mr. Harris received a timely surgical referral to remove the lesion; and failing to obtain informed consent for Mr. Harris’ treatments from his legal guardian, despite medical records indicating that Mr. Harris did not have the ability to provide such consent.

DLC provided LSH, the Department of Public Health, and the Department of Mental Health its initial findings and recommendations for corrective action in 2022. DLC also gave these entities an advance copy of the public report prior to its release. In response to DLC’s findings, LSH conducted a thorough review and ultimately implemented key changes aimed at improving care for LSH patients, including: requiring LSH dermatology staff to photograph skin lesions and wounds for the medical record; requiring biopsies on “all conditions identified as ‘lesion,’ ‘growth’ [or] ‘suspicion of skin malignancy’ prior to initiating treatment; and developing new formal processes and practices to ensure better communication between LSH providers.

DLC recognizes the importance of the corrective action LSH has taken and the many changes in LSH administration since the time of Mr. Harris’ death but believes that more must be done to address the lack of or unequal access to quality medical care that people with mental health disabilities experience every day in our Commonwealth. ”Mr. Harris’ death is a tragic example of what can happen when a health care system fails to be attentive and accommodate the medical needs of a vulnerable individual – an example made worse by the fact that he was institutionalized at LSH to protect him from harm based on to the severity of his mental health disability,” stated Barbara L’Italien, Executive Director of the Disability Law Center.  As discussed in the report, it is well-established that many individuals with mental health disabilities experience poor health outcomes and unequal access to health care. Compounding these experiences are the institutional racism in U.S. health care delivery systems and pervasive health disparities for communities of color, women, people who identify as LGBTQIA+, people with Limited English Proficiency, people with low incomes, and people with other disabilities. While the Commonwealth continues to make efforts to improve health equity, barriers persist and must be dismantled, especially in public hospitals like LSH.

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Disability Law Center Finds Continuing Systemic Rights Violations and Health and Safety Risks at Bridgewater State Hospital

FOR IMMEDIATE RELEASE

February 1, 2023

Contact:
Tatum A. Pritchard
Director of Litigation
Disability Law Center
617-315-4612
tpritchard@dlc-ma.org

Disability Law Center Finds Continuing Systemic Rights Violations and Health and Safety Risks at Bridgewater State Hospital

Boston, MA – The Disability Law Center (DLC) has issued our January 2023 public report summarizing findings and recommendations arising out of intensive monitoring efforts at Bridgewater State Hospital (BSH) from July 2022 through December 2022. The report examines both continuing and new concerns discovered during this reporting period related to facility conditions and BSH policies and practices that negatively impact the rights, health, and safety of BSH Persons Served.

Among the topics discussed is the continuing widespread presence of mold growth throughout BSH, as confirmed by DLC’s expert, despite the costly mold remediation and asbestos abatement efforts the Department of Correction undertook in response to DLC’s 2022 reports. The presence of environmental toxins, in combination with sanitation issues, vermin infestation, recurring power outages, and ineffective heat mitigation efforts during the summer months, put Persons Served at risk. In addition, systemic violations of Massachusetts law regarding chemical and physical restraint and seclusion persist at BSH, resulting in foreseeable physical and psychological harm to Persons Served. Likewise, inadequate language access for individuals with Limited English Proficiency and many impediments to successful continuity of care following discharge from BSH remain unchanged.

DLC’s report also raises two new issues related to treatment of BSH Persons Served. First, information DLC gathered during this reporting period indicates that access to treatment for individuals with substance use disorder is insufficient and BSH providers may be inappropriately tapering and terminating access to Medication Assisted Treatment. Second, DLC presents serious concerns about BSH’s introduction of an “atypical antipsychotic” taken via inhalation as a treatment option for Persons Served, despite the medication’s association with increased risk of bronchospasm and contradictions for people with respiratory conditions and aging individuals with dementia.

In the report, DLC provides sweeping recommendations for addressing the issues examined. Ultimately, however, in keeping with past reports, DLC concludes that protecting PS – people with complex mental health needs who are forced to submit to evaluation and treatment at BSH – requires that the Commonwealth transfer oversight of the population to the Department of Mental Health and commit to building a new hospital.

”DLC’s intensive, long-term monitoring efforts, made possible through the support and expanded authority granted by Line Item #8900-0001, provide unique and critical insight into the treatment of people with complex mental health needs at Bridgewater State Hospital. With the new administration comes a renewed request to prioritize the overdue shift from a correctional model to a therapeutic mental health approach overseen by the Department of Mental Health.” Barbara A L’Italien, Executive Director, DLC.

As the designated Protection and Advocacy agency for Massachusetts, DLC is authorized under federal law to investigate incidents of abuse, neglect, and death of individuals with disabilities throughout the Commonwealth. Line Item #8900-0001 of the FY 2023 Budget provides DLC funding and enhanced legislative authority to monitor the efficacy of service delivery reforms, physical plant, and continuity of care at BSH.

###

Read the Report

 

 

Disability Law Center Again Calls for Bridgewater State Hospital Reform on the Basis of Serious Concerns About Facility Conditions and Rights Violations

FOR IMMEDIATE RELEASE

July 29, 2022

Contact:
Tatum A. Pritchard
Director of Litigation
Disability Law Center
617-315-4612
tpritchard@dlc-ma.org

Disability Law Center Again Calls for Bridgewater State Hospital Reform on the Basis of Serious Concerns About Facility Conditions and Rights Violations

Boston, MA – The Disability Law Center (DLC) has issued a public report today summarizing findings and recommendations arising out of intensive monitoring efforts at Bridgewater State Hospital (BSH) from January 2022 through June 2022. DLC’s intensive ongoing monitoring of BSH would not be possible without the support and expanded monitoring authority granted by Line Item #8900-0001.

In the report, DLC highlights serious concerns about conditions and practices that negatively impact the rights, health, and safety of BSH Persons Served (PS), including: lack of clarity from the Department of Correction (DOC) regarding the status of remediation of widespread mold confirmed by DLC’s expert in the last reporting period; continuing illegal chemical and physical restraint and seclusion practices; and inadequate language access for PS with limited English proficiency. DLC also discusses deficiencies in discharge planning, information sharing, and continuity of care for PS discharged to county correctional facilities, Department of Mental Health (DMH) hospitals, and other DOC facilities.

DLC’s sweeping recommendations include calls for the following reform:

  • DOC must remediate mold and complete asbestos abatement throughout BSH and provide detailed information evidencing that: DOC has conducted mold remediation and asbestos abatement in all areas identified by experts in keeping with industry standards; and DOC has conducted air quality testing and lab testing of surface swab indicating that remediation and abatement efforts were successful.
  • The Commonwealth must immediately place under the authority of DMH operations of BSH and the care of all individuals found by a court to need “strict security” for psychiatric evaluation and treatment.
  • The Commonwealth must commit to closing BSH and commit to constructing a modern DMH facility designed to provide psychiatric evaluations and treatment in a safe, therapeutic environment.
  • DOC, and its contractor, Wellpath, must immediately cease imposition of chemical restraint, including so-called Emergency Treatment Orders, physical restraint, and seclusion in circumstances that do not meet the narrowly tailored requirements of M.G.L. c. 123, § 21.
  • The Commonwealth must demand that DOC and Wellpath accurately document and report all uses of chemical restraint, physical restraint, and seclusion in keeping with applicable law and engage DMH or another external party to conduct an investigation into BSH practices.
  • DLC strongly recommends that BSH and DMH commit to tracking and analyzing race/ethnicity data concerning application of restraint and seclusion – including ETOs at BSH – on individuals who are subject to psychiatric hospitalization in the Commonwealth.
  • DOC must ensure that Wellpath takes steps to ensure universal access to BSH programs and services for PS with limited English proficiency through implementation of established Language Access Plan requirements.
  • DOC and Wellpath must provide more than one avenue for PS to access medical services to ensure that the process is accessible to all PS, including PS with LEP and PS with disabilities that impact their communication abilities.
  • DOC and Wellpath must improve access to mental health clinicians and therapeutic programming in the Intensive Stabilization and Observation Unit  (ISOU) to break the cycle of self-harm, ISOU evaluation, discharge and repeat for prisoners with serious behavioral health conditions deemed to not meet the commitment standard.
  • The Commonwealth should commit DMH resources to further DMH engagement with all county correctional facilities to enhance access to mental health care for all county prisoners, including recently discharged BSH PS.

“The critical monitoring that DLC does at Bridgewater underscores the need to recognize human rights and support the intensive service needs of people challenged with behavioral health conditions. Eight years into this work, we maintain the critical need to shift from a correctional to a therapeutic mental health model under the Department of Mental Health.” Barbara A L’Italien, Executive Director, DLC.

Since its investigation into the use of excessive use of restraint and seclusion at BSH that began eight years ago, DLC has implored the Commonwealth to place facility operations under the authority of DMH and construct a modern DMH facility to meet the needs of the population.

DLC, as the designated Protection and Advocacy System for Massachusetts, is authorized under federal law to investigate incidents of abuse, neglect, and death of individuals with disabilities throughout the Commonwealth. Line Item #8900-0001 provides funding and enhanced legislative authority to monitor the efficacy of service delivery reforms, physical plant, and continuity of care at BSH.

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Read the Report


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