August 2009 Edition - Access Press

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www.accesspress.org

Inside

History Note

“Do one thing every day that scares you.”

■ Tech use survey- pg 3 ■ Program changes eyed- pg 5 ■ 60th anniversary- pg 9

— Eleanor Roosevelt Page 2 Nonprofit Org. U.S. Postage PAID Mpls. MN Permit No. 4766

Volume 20, Number 8

Minnesota’s Disability

Community Newspaper

August 10, 2009

Improper use of restraints sparks federal lawsuit Use of restraints and placement of patients in seclusion at the Minnesota Extended Treatment Options (METO) has prompted a federal class-action lawsuit. The lawsuit, filed July 10 in U.S. Federal District Court in St. Paul is requesting class action certification on behalf of people with developmental disabilities who were restrained at a state mental health treatment facility in Cambridge. The lawsuit states that METO, a program of the Minnesota Department of Human Services, routinely restrained patients in a prone face-down position and placed them in metal handcuffs and leg hobbles at risk of injury, causing them to struggle, cry and yell once they were in the restraints. METO also placed patients in seclusion rooms for extended time periods, and deprived them of visits from family members. METO has insisted its use of restraints is “essential,” according to the lawsuit. The lawsuit also states that restraints and seclusion were

used by METO as a practice of behavior modification, coercion, discipline, convenience and retaliation. METO staff allegedly restrained some patients hundreds of times, and used these tactics for conduct as benign as touching a pizza box, not staying within eyesight of staff, or even after patients were calmly eating a snack or watching television. “This lawsuit is about human dignity and respect for people with developmental disabilities and their families,” said Shamus O’Meara, a partner with the law firm of Johnson & Condon, P.A. O’Meara represents the three families, the named plaintiffs in the lawsuit. “We categorically reject and renounce the abusive, cruel, and discriminatory conduct against these vulnerable citizens at our state’s treatment facility,” O’Meara said. On July 31 it was announced that the Brinker/Allen and Jacobs families are joining the lawsuit as their sons Thomas and Jason were allegedly abuse while at METO. The amended

complaint describes how Jason Jacobs was restrained hundreds of times with metal handcuffs and leg shackles during his confinement at METO. Jason’s arm was also broken while in metal handcuffs, and METO staff refused to provide Jason medical attention for his arm despite Jason repeatedly telling them his arm hurt and that he wanted to see a doctor. METO also used handcuffs on Jason the day after his arm was placed in an air cast, and refused to allow Jason to take pain medication prescribed by his dentist after a root canal. Jason was also subjected to abusive seclusion by METO staff, which placed him in restraints and secluded him in a room after refusing to allow Jason to see his mother who had traveled to METO for a pre-arranged visit with him. Jason’s mother, Beth Jacobs, said “METO should be shut down and its staff punished for what they did to Jason and other young people there. They broke my son’s arm and abused him for three years, using hand-

James and Bradley Jensen, shown here, are among the families involved in the lawsuit. The Brinker/Allen family is pictured on page 7. Photo courtesy of Jensen Family

cuffs, leg irons and anything else they could think of, lying to us the whole time about what they were doing.” Thomas Brinker/Allen was also restrained with metal handcuffs and secluded. His parent, James Brinker, said, “Tho-

mas was sent to METO for throwing paint at school. Once he got there he was abused and shackled like an animal. It’s unbelievable that people who call themselves professionals are allowed to treat people so cruelly, particularly those who

are most vulnerable.” “With (the July 31) filing more families now join this action against the unbelievable abuse of people with developmental disabilities and their families at a state operated faRestraints - cont. on p. 7

Health reform is here to stay AXIS Healthcare is adapting to leadership changes outlined at advisory meeting by Access Press staff adapt to the known changes. AXIS Healthcare is based in the Twin Cities. It was cofounded by Courage Center and Sister Kenny Institute in the late 1990s to bring knowledge of disability to managed care. Since then it has carved a niche in the local health care market as a care coordination expert for non-elderly adults with disabilities. On its Web site, AXIS Healthcare describes itself as “an innovative model of disability care coordination because it puts you, the person with disabilities, at the center of everything rather than the insurance provider, health care provider, or equipment supThe AXIS Healthcare administrative changes were announced last month at a member- plier.” ship advisory committee meeting. In the foreground with microphone is Nancy Huizenga, AXIS is a place “where disnew COO. Rachel Tschida is at far right. Chris Duff, outgoing CEO, is in the center. ability care revolves around

As federal lawmakers head home to their constituents for a month-long August vacation, many disability community members are asking: what will

be the impact of the new health care reform policies on people with disabilities and the all organizations that serve them? What could be the cumulative

impacts of federal as well as state changes? At least one Minnesota organization, Axis Healthcare, isn’t waiting for answers before it retools to

Photo by Nancy Sopkowiak and Presentation Images

you,” according to the Web site. “That means you are at the center of making decisions about your care; you are at the center of all of our efforts and initiatives as an organization; and your independence, health and well being are the focus of our attention as we make recommendations and arrangements regarding your care.” But how that self-direction could be affected is unknown with the upcoming changes. Perhaps best known for its role as care coordination contractor for UCare and for the Minnesota Disability Health Options (MnDHO) program, the state’s only fully integrated Medicaid/Medicare managed care program for people with disabilities. AXIS also serves as a care coordination con-

tractor for Medica’s Special Needs Basic Care plan, AccessAbility. But shifting political winds are bringing changes to the AXIS organization. Those changes were recently communicated to AXIS clients at a Member Advisory Committee meeting. AXIS Board chairperson, Karl Sandin of Allina and AXIS Board vice chairperson, Jan Malcolm of Courage Center also wrote a letter to organizations leaders in the disability community explaining the situation. “With healthcare reform looming at both the State and Federal levels, AXIS must refine our practice and demonstrate our value to position ourselves for alternative future scenarios.” Reform - cont. on p. 10


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