HPP– A lawsuit has been filed by the Department of Justice against South Carolina regarding the state’s approach to treating individuals with mental illness.
The Justice Department has charged the state with unjustly isolating individuals with mental illness from their communities.
The agency states that the ADA and the Supreme Court’s ruling in Olmstead v. L.C mandate that state and local governments must provide services for adults with mental illness in the most integrated setting suitable.
The department indicated that individuals in South Carolina lack access to treatments that facilitate their reintegration into society.
The Department of Justice is advocating for enhanced community housing initiatives and a more efficient process for discharging patients from hospitals. The legal action emphasizes the importance of securing financial support for community-focused treatment options.
A representative from Governor Henry McMaster’s office indicated that a transformation is necessary.
“Our state’s health care system is fractured with non-cabinet agencies that are unaccountable and inefficient,” the spokesman said. “The governor believes the time to change this is now.”
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Bill Nettles, who previously served as U.S. Attorney for the District of South Carolina, discussed the legal implications of the lawsuit.
Nettles indicated that if the parties involved cannot reach an agreement on the lawsuit, the process may extend significantly.
“It’s been filed and now they will begin discovery, then depositions and if they don’t get it settled then they’ll lawfully go to trial,” Nettles said.
The office of Gov. McMaster announced that in the upcoming State of the State Address, the governor intends to request oversight of the Departments of Mental Health and Special Needs.