America's Mental Health System: Closing the Revolving Door between Hospitals, Correctional Facilities & the Streets

Authors

Christina Bianchi

First Page

99

Document Type

Comment

Abstract

This comment focuses on a two-pronged issue with mental healthcare in the United States. First, a balance must be found between involuntary treatment laws and the constitutional right to refuse treatment. With each state having its own mental health laws, there is no national, uniform approach for addressing mental health issues, and it is unclear when it is necessary to commit a mentally ill patient. Second, once it has been determined that a patient qualifies for involuntary treatment, it is crucial that facilities can accommodate that patient. This latter requirement has become a difficult task because mental health facilities throughout the United States have insufficient funding. It is imperative that we reach a solution that not only helps this at-risk population, but protects society as a whole. Part II provides general background information on the history of deinstitutionalization, and how the right to refuse treatment has developed over time in the United States Supreme Court. Part III discusses the Mental Health Parity and Addiction Equity Act ("MHPAEA"), the PPACA, and the type of coverage provided for mental health services. Part IV focuses on three different states that have been ranked by Mental Health America ("MHA") from highest to lowest, based on the prevalence of mental illness in their state and the rate of access to care. Finally, Part V suggests implementing a federal mental health system that operates successfully by combining state mental health laws and programs.

Recommended Citation

Christina Bianchi, America's Mental Health System: Closing the Revolving Door between Hospitals, Correctional Facilities & the Streets, 28 St. Thomas L. Rev. 99 (2015).
Available at: https://scholarship.stu.edu/stlr/vol28/iss1/5