Local News

Disability rights group asks court to stop Dix move

Posted September 23, 2008

— A protection and advocacy group for people with disabilities is asking a judge to delay the transfer of 170 adult patients from Dorothea Dix Hospital in Raleigh to a new state psychiatric hospital in Butner.

Disability Rights North Carolina says it is concerned about remaining safety issues at Central Regional Hospital, which opened in July, and claims the state has failed to meet conditions for the move as outlined under state law.

"We are not sure that this move makes patients at Dix more safe, and that's what we are trying to have resolved," DRNC Executive Director Vicki Smith said Tuesday.

Meanwhile, investigators with the national Centers for Medicare and Medicaid Services showed up at Central Regional on Tuesday in response to complaints, a Department of Health and Human Services spokesman said. He declined to further elaborate.

The transfer, which has been delayed four times, is scheduled to begin Oct. 1. State health officials have insisted that the facility is safe and that any remaining concerns are in the process of being resolved.

In a class-action lawsuit filed Tuesday afternoon, however, the DRNC lists 15 concerns it says will not be corrected or fixed before the move begins, including issues with Central Regional's wireless system, which operates all communications.

"Whenever the system is 'down,' it must be treated as an emergency," the complaint states, and it claims that as recently as last week, neither phones nor pagers worked for more than an hour, "negatively affecting the treatment of an acutely ill patient."

The DRNC also points to problems with the hospital's emergency alert system, saying it averages 10 false alarms a day, resulting in staff ignoring the duress calls. And it states that staff have not received adequate training, which could compromise patient care.

Eventually, Central Regional will replace both Dorothea Dix and John Umstead Hospital, which is also in Butner. Umstead patients moved to the facility in July.

But for Dix patients to move, state law requires assurances from two accrediting agencies. One, the Joint Commission on the Accreditation of Healthcare Organizations, won't find Central Regional in compliance until patients move in.

Division of Mental Health officials say that with the exception of the patients being there, they believe the hospital is compliant.

A spokesman for the Department of Health and Human Services had no comment on the lawsuit Tuesday afternoon, saying the agency does not comment on  litigation.

But in a letter Tuesday morning about concerns expressed by doctors who want the move delayed, Michael Lancaster, co-director of the Division of Mental Health, addresses the number of false emergency alarms, saying they've decreased to fewer than two per shift.

He also talks about a number of concerns that arise by keeping patients at Dix, including outdated building codes and fire alarm systems and difficulties in having staff assigned to both hospitals.

"These are significant concerns about prolonging the occupation of these older buildings," Lancaster wrote.

8 Comments

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  • diogenes Sep 24, 4:03 p.m.

    Actually, DRNC wasn’t in compliance when it was designated in 2007 to begin serving clients. The federal law said that it had to be--yet they didn’t sue themselves. This DRNC lawsuit should be against the state and Central Regional Hospital contractors and have been done months ago. (Hello, DRNC, there are John Umstead patients already there that you said were safe in July.) I hope this current lawsuit isn’t a ploy just to help those opposing Dix’s closing. The patients don’t deserve that.

  • Newshound Sep 23, 7:15 p.m.

    i gaurantee you that if the truth was known the people who are"so distraught over safety conditions" really just do not want to move out of it inconviencing them. They do not really care that keeping Dix open this long probably has been increasing the cost of the move considerably for every day past the original move date. Every date to move has to coincide with contracts for labor and other move related expenses that have to be addressed, These companies have to clear their schedules to be ready for the task and probably charge whether or not they move a finger. I say to the ones holding this up for personal reasons to get over it and stop wasting my money.

  • Iquana Sep 23, 7:01 p.m.

    diogenes is right. DRNC is no longer credible in my eyes.

  • diogenes Sep 23, 6:25 p.m.

    Nothing has changed but politics. On July 22, the Disability Rights North Carolina (DRNC) saw NO problems in transferring John Umstead patients to the Central Regional Hospital--with all of its then known problems. N&O investigators however uncovered that difficulties had occurred in the transfer. DRNC is flip-flopping today. Within the legal arena, DRNC's prior statements discredit their current legal pursuits.

    See:
    http://www.newsobserver.com/102/story/1149714.html

  • ohmygosh Sep 23, 6:11 p.m.

    People who really wanted a Raleigh based facility will try anything to torpedo this move. They don't have the welfare of the patients in mind. Get over it.

  • nealsgirl Sep 23, 5:27 p.m.

    I sincerley hope some of these concerns are for patient care and not just for employees who don't want the commute to Butner.

  • Slip Kid Sep 23, 4:04 p.m.

    Then don't move the patients. Just close Dix as planned and tell the patient's guardians to get them to a new facility. Be sure to point out that the Central Hospital is open and receiving new patients, but you're on your own now. The state would, of course, move the patients for which they are responsible. Give us a break, already.

  • granny2shoes Sep 23, 3:58 p.m.

    Let's get the concerns and issues resolved before we transfer patients to the new facility. Just because they are handicapped, mentally ill or whatever does not mean they should not get the best possible treatment. They/we are all human beings and we all bleed the same color, red -- so there is no difference. Let's take care of mankind like GOD wants us to.