Massachusetts Parents File Class Action Against State Over Lack of Services for Children with Mental Illness

The parents and guardians of nine Massachusetts children with mental illnesses filed a class action suit against the state Oct. 31 in U.S. District Court, the Springfield Union News reports. The suit claims state officials violated federal law by "failing to provide enough home or community-based care for children served by Medicaid," leaving the families to "continually" seek treatment in emergency rooms across the state. Defendants in the case include acting Gov. Jane Swift (R), Secretary of the Executive Office of Health and Human Services Robert Gittens and Commissioner of the Division of Medical Assistance Wendy Warring. Several of the children named in the suit, who range in age from 5 to 17, were hospitalized "repeatedly because parents or guardians couldn't cope with their extreme or destructive behavior" (Goldberg, Springfield Union-News, 11/1). Massachusetts has about 100 children who are "stuck" in the state's mental health system at any given time. State mental health officials say the problem is caused by a "severe" staffing shortage, too few psychiatric wards and a "boomlet" in the state's adolescent population. Also, mental health advocates say managed care has "reduce[d] coverage" for mentally ill children, resulting in long waits for treatment (Kaiser Daily Health Policy Report, 7/9). Richard McGreal, spokesperson for the state Division of Medical Assistance, which administers Medicaid, "denied that his agency fails to uphold Medicaid rules." He added, "We feel we're in full compliance with the federal law on this issue" (Springfield Union-News, 11/1). Several parents and advocates across the country, including in Los Angeles and New York, have filed similar class action suits, "demanding" such care. The lawsuit in Massachusetts has been "brewing" since June, as negotiations between parents' advocates and the state deteriorated (Kaiser Daily Health Policy Report, 7/9).