The state announced that it will not challenge a federal court order giving it until May 2024 to stop holding people it’s trying to hospitalize for emergency psychiatric care in emergency rooms for days, even weeks.
The Department of Health and Human Services and the Attorney General’s Office had told the court the state would stop the practice. But it sought a 2025 deadline and wanted 12 hours to find a patient a hospital bed, not the six hours U.S. District Court Judge Landya McCafferty ordered in May.
In seeking more time, the Department of Health and Human Services said a lack of available psychiatric hospital beds made it impossible to arrange admission for all patients within six hours.
The NH Hospital Association and nearly 20 hospitals had argued in federal court that the state was illegally seizing its property by boarding patients in emergency rooms while looking for a treatment bed.
The Department of Health and Human Services and the Hospital Association issued a joint statement Wednesday describing the decision as a step toward ensuring people in crisis have timely access to care.
“For the hospitals, this case has always been about ensuring patients suffering from an acute psychiatric crisis are able to receive the care they need by immediately being transferred to a healthcare facility specially designed for that purpose,” said Steve Ahnen, president of the hospital association, in a statement.
According to the most recent data available, 40 adults were waiting for involuntary admission, according to the department. Thirty-four were being held in hospital emergency rooms.
Lori Weaver, interim commissioner of Health and Human Services, said in a statement that she is committed to ending the wait list for people being held for involuntary emergency admission due to danger concerns for themselves or others.
“Individuals waiting in hospital emergency departments for a psychiatric bed is an issue that persists across the country,” she said. “We all need to act with urgency, unity, and compassion to resolve the emergency department boarding list.”
Gov. Chris Sununu, who blasted hospitals in March for challenging the long holds in their emergency rooms, did not immediately issue a statement about the resolution. He said, “They should be ashamed. This latest (court challenge) by the hospitals is a horrible example of one of our most important community institutions, such as a hospital, essentially saying that mental health is not a health issue. … They’re absolutely wrong.”
In 2021 the state Supreme Court ruled in a separate case that the state was violating people’s due process rights by holding them longer than three days without a chance to challenge their detention.
The department has said it believes its recent investments in preventative mental health services, such as more counseling and a 24-hour helpline, will help alleviate the need. It has also invested $15 million in a 144-bed psychiatric hospital SolutionHealth is planning to build in southeastern New Hampshire. It also bought Hampstead Hospital to treat children and youth.
— ANNMARIE TIMMINS/NH BULLETIN
