RALEIGH, N.C. — The North Carolina Department of Health and Human Services could end up paying millions of dollars to avoid a lawsuit over alleged violations of the Americans With Disabilities Act, state lawmakers learned Tuesday.
State health officials briefed the Joint Legislative Oversight Committee for Health and Human Services on Tuesday about the progress of the months of negotiations with the U.S. Department of Justice.
The issue stems from a justice department report last summer that found that the state's mental health system needlessly institutionalized thousands of mental health patients, segregating them from the community and impeding their interaction with people who do not have disabilities.
Mental health advocacy group Disability Rights North Carolina estimates the number of patients affected could be anywhere from 6,000 to 20,000.
Because of the pending litigation, DHHS officials did not say publicly how much the state might end up paying if a settlement were to be reached. They were expected to hold a confidential briefing on the cost for lawmakers Wednesday.
Other states, however, have settled similar cases for billions of dollars.
Challenging the lawsuit might not be any better, DHHS general counsel Emery Milliken told lawmakers.
"Once you're in front of a federal district judge, you've lost that control and ability to shape your own destiny," she said.
DHHS Interim Secretary Al Delia said a settlement would most likely need to be finalized in the next few weeks.
It would be up to Gov. Bev Perdue and the General Assembly to finalize an agreement and to decide where the money to cover it would come from.
Compromises on budget issues between the Democratic governor and the Republican-led legislature, however, have been difficult, at best
"We just hope politics doesn't get in the way of doing what is right for people with mental illness and other disabilities," Disability Rights' executive director, Vicki Smith said.



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i know that and that is what i'm saying. the settlement money should be RETURNED BACK TO THE STATE AFTER IT'S AWARDED to the people..
if an elderly person owns real estate property while using medicaid services in NC the state of NC can put claim onto the home when the person deceases. I was saying if the elderly have to reimburse the state and turn in the family homestead,then these individuals should have to reimburse for the medicaid services they used (when settlement reached) ..
May 16, 2012 9:59 a.m.
When did this occur? 50 years ago? Yesterday?
May 15, 2012 7:40 p.m.
Reread the story, the state is not getting any money - - the state (DHHS) will have to pay it to the citizens they wronged. Not sure how the settlement will go, however, the state may end up having to deposit the money into escrow and the U.S. Dept of Justice will award the settlements. Either way, the money will eventually be given to "anywhere from 6,000 to 20,000" affected patients.
May 15, 2012 7:31 p.m.
May 15, 2012 7:13 p.m.
May 15, 2012 6:59 p.m.