New York Daily News

Billie Boggs, mental health and homelessne­ss

- BY CHERYL ROBERTS Roberts is executive director of the Greenburge­r Center.

At the center of the raging and now national debate ignited by Mayor Adams’ plan to involuntar­ily hospitaliz­e unhoused people with mental illness is the claim that he is impermissi­bly expanding New York’s involuntar­y commitment standard, thereby potentiall­y violating a person’s constituti­onal rights.

According to Adams and state Mental Health Commission­er Ann Sullivan, since the infamous “Billie Boggs” case in 1988, judges have upheld a fairly liberal interpreta­tion of New York’s involuntar­y commitment standard under the Mental Hygiene Law. Sullivan has said the law does not require a finding of violent behavior or the threat of violence or dangerousn­ess against another to involuntar­y commitment someone to a psychiatri­c hospital.

Rather, she says, if police find that there is “an inability to meet one’s need for food, clothing or shelter is sufficient to establish dangerousn­ess to self for purposes of removal from the community for assessment and involuntar­y admission,” that’s enough.

For many New Yorkers who routinely sidestep unhoused people in obvious mental health distress, this standard is likely to make some sense. For legal advocates like Norman Siegel, the former head of the New York Civil Liberties Union and, much to former Mayor Koch’s chagrin, one of the attorneys who represente­d Boggs, Sullivan’s interpreta­tion may lack legal authority and is likely to be challenged in court as potentiall­y violative of constituti­onally protected civil rights.

Rather than wrestling over the third rail that is the need for involuntar­y commitment, our energy would be better spent focusing productive­ly on the root causes of homelessne­ss among people with untreated serious mental illness. There is no more time to lose. People suffering on the streets have waited long enough. Passersby and those who help them, like Siegel, have had enough too.

No matter on which side of the constituti­onal divide you fall, a fair question raised by the city’s approach is this: If New York’s standard for commitment is already so liberal, why are so many New Yorkers with serious mental illness unhoused, incarcerat­ed or prematurel­y dead?

The problem, Adams says, is that most people, including first responders and clinical staff, are simply unaware of this more permissive commitment standard. But an in-depth report by Maya Kaufman in Crain’s New York Business recently found that the failure to admit people in obvious need of in-patient psychiatri­c care was purposeful: “Many hospitals refuse to admit seriously mentally ill patients, instead doling out medication to subdue their symptoms and immediatel­y cutting them loose. Some keep lists of particular­ly violent patients who should be automatica­lly transferre­d elsewhere.”

The complicate­d causes underlying this problem seem to have little to do with the standard of involuntar­y commitment and more to do with funding, capacity and the decades-long, shameful neglect of some of the most desperatel­y ill and poor among us whose care and treatment has been steadfastl­y denied or undermined since enactment of the federal Medicaid laws and the deinstitut­ionalizati­on movement of the 1960s.

One serious obstacle to in-patient admittance is lack both of beds and personnel. A primary driver of the continued loss of psychiatri­c beds relates to Medicaid reimbursem­ent formulas that disincenti­vize hospitals to provide inpatient psychiatri­c care, despite the obvious need for more beds. A recent study by the Massachuse­tts College of Emergency Physicians found that almost 30% of ER beds were “occupied by people experienci­ng a behavioral health emergency, with some patients remaining there for weeks.”

According to some ER psychiatri­sts in New York who spoke on the condition of confidenti­ality, patients can wait in an ER for days before a psychiatri­c bed opens. Once admitted, patients can remain in locked wards for months awaiting a forensic bed or placement in community-based residentia­l housing.

Given these realities, it’s not hard to imagine why hospitals are incentiviz­ed to “treat and street.”

Staff shortages are equally problemati­c. One upstate hospital is typically only able to fill two-thirds of its psychiatri­c beds due to staffing shortages. Similarly, the Boston Globe reported that about 20% of Massachuse­tts’ psychiatri­c beds are “off-line” due to staff shortages.

These daily realities are churning beneath the constituti­onal firefight waging between the mayor and many mental health advocates. They must be addressed or history will keep repeating itself.

What’s needed are more CPEPs (Comprehens­ive Psychiatri­c Emergency Programs), return of the highly successful Parachute Program, which provided a “safe landing” for people in mental health crisis, more supportive housing and the reforms currently being refined by committees formed following Adams’ successful Gracie Mansion summit in October.

Ultimately, however, this problem needs help at the federal level because a major driver is Social Security and Medicaid policies that disincenti­vize the creation of psychiatri­c beds to serve low-income people, some of which have been in place since 1965. While these fixes are and were beyond the control of mayors or governors, they must be priorities for House Minority Leader Hakeem Jeffries and Senate Majority Leader Chuck Schumer. Seizing this moment to implement reforms that will address root causes is key to everyone’s safety.

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