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FOR IMMEDIATE RELEASE January 7, 2008 Contact: Tom Masseau (517) 487-1755 (517) 648-0029 (cell) Restraint and Unreasonable Force reaches new heights State must do a better job preventing cases of restraint and unreasonable force against mental health recipients Inappropriate Use of Restraint and Unreasonable Force continues to be used on Michigan's Residents with Mental Illness in State-run Psychiatric Facilities LANSING, MICH. - Another case involving the use of inappropriate restraint and unreasonable force has been reported at the Walter Reuther Psychiatric Hospital in Westland, Michigan. The case involved a female resident who was dragged down the hall to her room and placed inrestraints for 1.5 hours without a physician's order and without a follow-up assessment to ensure the patient’s physical and emotional safety. The U.S. Centers for Medicare & Medicaid Services (CMS), which provides oversight for Medicare & Medicaid facilities, investigated the incident and on December 11, 2007, wrote to the Hospital Director, Mr. Rosettus Weeks, stating, “After a careful review of the facts, we have determined that Walter P. Reuther Psychiatric Hospital no longer meets the requirements for participation as a provider of services in the Medicare program established under Title XVIII of the Social Security Act.” As a result of this finding, the Michigan Department of Community Health had to submit a plan of correction prior to January 4, 2008. The State's failure to implement a viable plan of correction would result in the facility losing its payments for Medicare recipients. Although the State did provide a plan of correction on December 14, 2007, which focused on training staff; CMS rejected it, in part because it took no actions to remove the staff in question. Another plan of correction was submitted on December 20, 2007, which removes nine staff members, (who were alleged to have participated in the incident) from providing patient care. The accused staff remains on paid leave pending the outcome of further investigation. Michigan Protection & Advocacy Service, Inc. (MPAS), the agency federally mandated to protect the rights of individuals with disabilities in Michigan, in its review of the letter from CMS, was shocked to learn that the director of the facility stated, “When there are complaints, due process for employees is a priority over patients". He added that he must "support his employees.” The CMS report states that the Director of Nursing at the facility, along with the Director of Human Resources completed an investigation into the alleged incident and, recommended to Mr. Weeks that the employee(s) associated with the incident be suspended, as well as removed from that unit. These recommendations were not supported by Mr. Weeks because he wanted proof that the employee(s) were at fault. While the Walter Reuther Psychiatric Hospital is just one example of the apparent misuse of restraint and the use of unreasonable force, MPAS has learned of seven different episodes of restraint and unreasonable force against residents with mental illness at other state-run facilities. In the cases, the State Office of Recipient Rights investigated the allegations and substantiated that violations had occurred. Again, the facility director disregarded the findings and recommendations. Those recommendations for immediate corrective action were disregarded despite the fact that the incidents were video taped. Elmer L. Cerano, Executive Director of MPAS, stated, “The abuses inflicted on residents in the State mental health hospital system would never be tolerated for the general public. We call upon the Governor, the Director of the Michigan Department of Community Health, and the Michigan Legislature to immediately implement the recommendations from the 2004 Mental Health Commission to address the inherent failures of systems to protect the rights of people served by the mental health system." In June, 2007, MPAS released a report entitled, “Navigating the Mental Health Maze in Michigan: Why the Recipient Rights System is Broken and How We Can Fix It.” In this report, MPAS highlighted the failure of the Recipient Rights system at the local level and offered recommendations to provide stronger enforcement to that office. Despite the 2004 Mental Health Commission recommendations and the 2007 MPAS report, the system that was designed to protect the state’s most vulnerable populations continues to fail the people it was intended to protect. # # # Michigan Protection and Advocacy Service is a statewide organization that advocates the human and legal rights of individuals with disabilities.

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