Peer Review Records Must Be Given to P&A Investigating Possible Incidents of Abuse and Neglect Notwithstanding a State Law That Prohibits Their Disclosure

Conn. Office of Prot. & Advocacy for Persons with Disabilities v. Kirk, 354 F. Supp. 2d 196 (D. Conn. 2005)

Congress enacted in 1986 the Protection and Advocacy for Mentally Ill Individuals Act (PAMll) because of concerns that (1) individuals with a mental illness are vulnerable to abuse, neglect, and serious injury and (2) state systems for monitoring the rights of these individuals varied widely and were frequently inadequate.  To receive federal funds supporting the care of such individuals, states are required to have in place an independent protection and advocacy system (P&A) that investigates reported or likely incidents of abuse and neglect.  PAMll provides the agency with access to "all records of . . . any individual," including "reports prepared by any staff of a facility rendering care and treatment."...

Found in DMHL Volume 24 Issue 2