Published 12:00 am PDT Friday, May 11, 2007

State leaves patients penniless

Re "Huge bill for husband in state mental hospital," May 6:

The fact that involuntary state psychiatric hospital patients are liable for their cost of care - which exceeds $160,000 per year - is, indeed, devastating to the patients and their families. The state has not been reluctant to go after patients' resources. It took a federal lawsuit to stop the state from confiscating patients' Social Security and veterans' benefits even though those funds are exempted under federal law from involuntary collection processes. Even then, if a patient refused to voluntarily turn over protected benefits, the state would take steps to be named as the patient's representative payee so that it could then "consent" to pay itself from the otherwise protected benefits. When patients receive money at a state hospital, it is deposited in the patient's personal deposit fund. Under current law, the state can confiscate any such funds over $500, an amount that has remained unchanged for 40 years.

It is time for the Legislature to end this archaic and inequitable system. Leaving psychiatric patients virtually penniless significantly decreases their chances of successfully transitioning back into the community. The relatively meager amount the state recoups does not justify the financial and human costs borne by involuntary mental health patients and their families.

Eric Gelber, Sacramento
Managing Attorney,
Protection & Advocacy, Inc.

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