NEWS: NAMI Concerned That New Lawsuit Threatens Progress for Mental Health Care in Jail

As part of our mental health coverage, we share this news release from the National Alliance on Mental Illness.

New law ensures treatment continuity, but faces backlash from sheriffs and jail healthcare management companies

NAMI Minnesota is deeply concerned by a lawsuit filed last week by the Minnesota Sheriffs Association, several counties, and a few jail healthcare management companies against the new state law — the Larry R. Hill Reform Act — which ensures that people entering Minnesota jails receive the medications they were prescribed prior to incarceration, with some exceptions.

The lawsuit was filed by Advanced Correctional Healthcare, Inc., Freedom Behavioral Health, Inc. (“FBH”), Jamie Hammerbeck, M.D.; Tammy Provatas M.D.; Kathryn Piha, CNP; Kathryn Breon, CNP, the Minnesota Sheriff’s Association (“MSA”), Crow Wing County Sheriff Eric Klang, Becker County, Becker County Sheriff Todd Glander, Freeborn County Sheriff Ryan Shea, Pennington County Sheriff Seth Vettleson, St. Louis County, and Todd County.

It claims that the new law forces jails to administer medications that could be harmful or fatal to inmates and “places the medical professional plaintiffs in the position of being unable to provide medical care to inmates that ensures the federal and state constitutional rights of inmates.”

“Reading the lawsuit makes me wonder if the plaintiffs read the law,” said Sue Abderholden, executive director of NAMI Minnesota, “since the law clearly provides exemptions.”

The Larry R. Hill Reform Act, which took effect on July 1, contains specific language allowing for withholding or changing medications under certain circumstances, such as medical inappropriateness, approval of a medically equivalent alternative, or the person’s choice to discontinue the medication.

Abderholden finds it disingenuous for the sheriffs’ alleged concerns for the mental health of people in jail when clearly, they simply don’t want to pay for the care people deserve.

“This legislation is long overdue. Too many people with mental illnesses have been denied access to their medications in jail, or have had their medications changed abruptly, often inappropriately.”

NAMI Minnesota highlights the contradiction between this lawsuit and statements often made by sheriffs, who have repeatedly expressed concern over the mental health crises in their jails and the lack of resources available.

“Too often, individuals with mental illnesses are denied the medications they need, and then the sheriffs wonder why they decompensate — or even die,” Abderholden added. “For example, jail is hardly the place to make changes to antipsychotic treatment.”

Notably, no parties objected to the bill during public legislative hearings earlier this year. The bill, which passed unanimously in the Minnesota House, was included in the final omnibus bill and signed into law by Governor Tim Walz.

NAMI Minnesota urges the courts to uphold the Larry R. Hill Reform Act and ensure that people with mental illnesses receive the care they need and deserve while in custody.

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Here is the exact language from the new law:

Subd. 4f. Provision of medications in correctional facilities. (a) Correctional facilities licensed by the commissioner shall administer to confined and incarcerated persons the same medications prescribed to those individuals prior to their confinement or incarceration.

(b) Unless a confined or incarcerated person is subject to a Jarvis order that dictates otherwise, paragraph (a) does not apply when:

(1) a licensed health care professional determines, after consulting with the licensed health care professional who prescribed the medication, that the prescribed medication is not medically appropriate for the person based on the person’s medical condition or status;

(2) a licensed health care professional determines a medication that is at least as effective as the current medication the person is prescribed is available to treat the condition and the licensed health care professional who prescribed the current medication approves the change in medications; or

(3) the person provides written notice to the licensed health care professional who is responsible for inmate health care at the correctional facility that the person no longer desires to take the medication.

NAMI Minnesota is a non-profit organization that works to improve the lives of children and adults with mental illnesses and their families through education, support, and advocacy programs. For more information or to arrange an interview, please contact Victor Molina, NAMI Minnesota Communications Coordinator, at marcomm@namimn.org. You can also visit www.namimn.org.

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