International Disability Rights News Service
Click here for today's headlines
Keeping advocates informed, inspired and connected since
1999.
Daily or
Weekly delivery . . .
Purchase this
story for your website or newsletter . . .
Wyoming Advocacy Settlement Could Have National Impact
By Dave
Reynolds, Inclusion Daily Express
January 12, 2006
CHEYENNE,
WYOMING--In a settlement agreement that could affect advocacy efforts in
several states, Wyoming has agreed to allow that state's Protection and
Advocacy System, Inc. to see medical records of institution residents when it
investigates claims of abuse or neglect.
"Hopefully this will spare the taxpayers of all the states the expense that we've had to go through," Jeanne Thobro, executive director of Wyoming's P&A, told the Associated Press.
The federal government authorized protection and advocacy systems in each state that advocate for people with developmental disabilities and mental illness. Thobro said P&As in several states are either suing, or plan to sue, over whether the nonprofit agencies have the right to view institution residents' medical information.
The agreement, approved last week by U.S. Judge Alan B. Johnson, stems from a federal lawsuit the P&A filed one year ago, in which it alleged that the state failed to improve conditions, and to provide adequate staff and training at the Wyoming State Hospital. The suit also claimed that the state had violated federal law by refusing to allow them to review health records at the hospital and the Wyoming State Training School.
Under the settlement, the state agreed to allow the P&A to access medical records as long as federal laws require the disclosure and as long as the P&A follows their guidelines within those laws. The agreement also states that P&A staff will not need to give prior notice before accessing the state facilities to investigate mistreatment allegations.
"Records establish facts. Records establish evidence," Thobro said. "To be able to fully argue a case and to be able to fully represent issues, you must have the facts, you must have the issues."
"In a simple statement, it simply helps people," she said.
Related:
"'Landmark' ruling on State Hospital"
(Star-Tribune)
http://www.inclusiondaily.com/news/06/red/0112d.htm
Click here for top of this page
Purchase this story for your website or newsletter . . .
Here's what subscribers say about Inclusion Daily Express. . .
Inclusion Daily Express
3231 W. Boone Ave., # 711
Spokane, Washington 99201 USA
Phone:
509-326-5811
News@InclusionDaily.com
Copyright © 2006 Inonit Publishing