CONSUMER AFFAIRS BULLETIN
Volume 2, No. 1 Spring 1997

The Protection and Advocacy System: How It Benefits People With Mental Illness

People diagnosed with mental illness who are experiencing abuse, neglect or discrimination due to that disability may be eligible to receive free legal counsel through a federal program called the Protection and Advocacy (P&A) System. P&As are in each state and territory to provide protection of the rights of persons with disabilities through legally based advocacy. Though resources vary from state to state, typically a state P&A is an agency made up of a group of attorneys and advocates dedicated to disability rights.

P&As were established 20 years ago to address a public outcry in response to the abuse, neglect and lack of programming in institutions for persons with disabilities. Since then, Congress has created distinct programs, which are mandated by law, to address the needs of different populations of persons with disabilities.

Important Laws

There are several laws that guide the P&A work. These laws include the Developmental Disabilities Assistance and Bill of Rights Act of 1975 (DDA), the Protection and Advocacy for People with Mental Illness program (PAIMI), the Rehabilitation Act, the Technology Related Assistance for Individuals with Disabilities Act (Tech Act) and the Americans with Disabilities Act (ADA). Often cases involving people who have mental illness fall under the PAIMI program, the Rehabilitation Act, or the ADA.

The PAIMI program advocates for the rights of people with mental illness and investigates reports of abuse and neglect in facilities that care for or treat people with mental illness. This program is administered and funded through CMHS, Division of State and Community Systems Development, Protection and Advocacy section.

An example of a case that was argued under the ADA is the Arizona P&A which brought an action against the city of Phoenix challenging a benefits' plan which limited coverage for mental health benefits to a two-year period, while persons with physical disabilities enjoyed lifetime benefits. The case settled with the city agreeing to provide equal long-term disability coverage for both persons with mental and physical disabilities and to remove discriminatory language from its policy.

For More Information

If you would like more information about the P&A system, or to get the phone number of the office in your state, please contact NAPAS* at 900 Second St., N.E., #211, Washington, D.C. 20002, (202)408-9514 voice; fax (202)408-9520, (TDD) (202) 408-9521, e-mail: info@napas.org; Web Page: www.napas.org. You may reach the CMHS Protection and Advocacy Section staff, Carol Schauer and Nirma Hatot, at (301) 443-3667 or by e-mail at cschauer@samhsa.gov or nhatot@samhsa.gov.

*Appreciation to Beth Weintraub for providing this article. She is a communications specialist at the Advocacy Training and Technical Assistance Center, National Association of Protection and Advocacy Systems (NAPAS).

Consumer Affairs Bulletin
Volume 2, No. 1 Spring 1997