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'A crisis can't wait': Senator calls for change following WRTV Investigation into mental health facilities

Public has to request copies of inspection reports of mental health facilities through a formal records request
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INDIANAPOLIS— A state senator is pushing for sweeping change following a WRTV Investigation into a Lawrence mental health facility.

Options Behavioral Health is facing several lawsuits from families alleging the facility held patients against their will.

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Options Behavioral Health in Lawrence

WRTV Investigates found getting public information about mental health hospitals in Indiana can be downright difficult.

35 private mental health institutions are licensed by the Indiana Family and Social Services Administration’s Division of Mental Health and Addiction.

FSSA may conduct annual inspections and investigate complaints, however, FSSA does not post inspection reports or summaries online as they do for childcare facilities.

In fact, if the public wants to view inspection reports for a mental health hospital, they have to request copies through a formal records request under the Indiana Access to Public Records Act.

It took WRTV Investigates four months to receive inspection reports for Options Behavioral Health. We requested them on July 15 and received two reports on November 13.

“We are talking about folks who are in a crisis moment. A crisis can't wait,” said State Senator Andrea Hunley. “The public needs to be able to have access to these reports in an easy format. The only way to request records is through a cumbersome records request process.”

Sen. Hunley represents parts of Marion County and serves on the Behavioral Health Commission, a group of state leaders who make recommendations on the overall improvement of Indiana residents' behavioral and mental health.

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State Senator Andrea Hunley

“At the end of the day, we have to have a system that is transparent and is being held accountable,” said Hunley.

WRTV Investigates also found to file a complaint against an Indiana mental health facility, you can’t do it online. You have to call 1-800-901-1133

"It feels antiquated in 2024 that's the only way you can file a complaint,” said Hunley. “We definitely need to have a portal. We have complaint portals for other agencies for other purposes."

Patients may call the Mental Health Ombudsman, an office separate from the state, that can help resolve patient issues.

MHS Indiana, which operates the ombudsman office with Mental Health America of Indiana, has not responded to questions WRTV sent on November 1 asking for annual reports and statistics for the ombudsman office.

Sen. Hunley had a hard time finding information as well.

Hunley, a Democrat, and Republican Rep. Cindy Ledbetter wrote an October 18 joint letter to FSSA’s Interim Director at DMHA asking questions about the agency’s oversight of mental health facilities.

“What is the process for filing a complaint?” wrote the lawmakers. “How do the ombudsmen share the complaint data?”

FSSA responded in writing, but did not answer the question about the ombudsman.

The lawmakers also requested complaint data and inspection data for the past five years and have not yet received the information, Hunley said.

“All my questions were not answered,” said Sen. Hunley.

When WRTV Investigates received inspection reports for Options Behavioral Health on November 13, we found them full of medical lingo and hard to read.

“They are not in lay-speak,” said Hunley.

According to an inspection report dated July 26, 2023, FSSA’s team conducted a virtual visit to Options Behavioral Health.

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Options Behavioral Health in Lawrence

The 2023 inspection report noted deficiencies including certain medical records missing signatures and documents lacking important information like patients not agreeing to give consent.

The 2023 inspection report also found two staff members who lacked knowledge about seclusion and restraint.

In 2024, the state cited Options Behavioral Health again for missing records including proof some patients were provided both a written and oral explanation of his/her rights.

It’s unclear what action FSSA took as a result of the inspections or if they’ve followed up.

WRTV Investigates sent a list of questions back to FSSA related to the 2023 and 2024 inspection reports and we are still waiting on a response.

Sen. Hunley doubts legislation will fix the issues with transparency and mental health institutions.

“I don't think one bill is going to change the entire system,” said Hunley. “We can do things the right way administratively. I think it’s going to require folks working together to first admit and solve the problem we have at hand and then come together across systems.”

While FSSA says it may conduct inspections of 35 licensed mental health institutions, Hunley said it does not appear those inspections are required by law.

“It absolutely concerns me,” said Hunley. “We have an agency that is responsible for licensing that is responsible for ensuring that we have high quality care, that may not be happening.”

Options Behavioral Health is accredited by an organization called The Joint Commission, which declined to provide any information about investigations related to Options.

"To protect patient privacy and allow for full investigations, complainant identity and details of complaints are confidential," said Maureen Lyons, a spokesperson for The Joint Commission in an email to WRTV. "As an accrediting organization, The Joint Commission works with healthcare organizations to identify potential risks to patient safety and improve quality of care. Only governmental authorities can mandate facility closures."

On November 1, WRTV Investigates requested an on-camera interview with FSSA to talk about oversight of mental health institutions in our state.

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We are still waiting on a response.

WRTV Investigates sent a list of questions to FSSA on November 1 about mental health facilities and we still have not received answers.

Craig and Elizabeth Inman are urging for change after an emergency room sent their then-12-year-old daughter to Options Behavioral Health.

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Father Craig Inman

“When she told the ER she was suicidal, they decided to put her in treatment,” said Craign Inman. “At that point, my hands were tied."

They believe inspection results should be posted online.

Craig Inman did not file a complaint with FSSA about Options Behavioral Health because he could not find a way to submit one online.

He’s filed a lawsuit accusing the facility of holding his daughter against her will.

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Father files lawsuit against mental health facility

"Right now there's not real consequences,” said Inman. “They can do whatever they want to you while you're there and there's nothing anyone is going to do about it."

WRTV Investigates also emailed a list of questions to FSSA on November 15 about the inspection reports for Options Behavioral Health, and we have not received answers to those questions.

READ BELOW: 2024 inspection Reports for Options Behavioral Health

Have you or a loved one been a patient at a licensed mental health facility in Indiana? You can contact kara.kenney@wrtv.com.