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Kentucky may be breaching federal law due to insufficient mental health services, according to US Justice Department

The U.S. Department of Justice released a report on Tuesday stating that Kentucky may be violating federal law by not providing community-based services to adults with serious mental illness in Louisville. According to the 28-page report, the state heavily relies on segregated psychiatric hospitals to care for individuals who could potentially receive services in their homes and communities.

The Justice Department expressed its intent to collaborate with Kentucky to address the issues outlined in the report. However, if no resolution is reached, the government warned that it might take legal action to ensure compliance with the Americans with Disabilities Act.

Assistant Attorney General Kristen Clarke emphasized the cycle of repeated psychiatric hospitalizations experienced by people with serious mental illnesses in Louisville due to the lack of access to community-based care. The report highlighted the adverse impact of psychiatric hospital admissions on individuals, with thousands being admitted each year and some spending over a month in these highly restrictive settings.

The report also noted that the absence of community and home-based services for the mentally ill in Louisville results in increased interactions with law enforcement during behavioral health crises, leading to individuals being taken into custody due to a scarcity of alternative resources.

While recognizing the state’s efforts to enhance service access through crisis response programs and support for housing and employment, the Justice Department emphasized the importance of Kentucky implementing appropriate community-based mental health services in compliance with the Americans with Disabilities Act.

A spokesperson for Governor Andy Beshear’s office expressed surprise at the report’s findings and highlighted ongoing efforts by the state to expand Medicaid coverage, telehealth services, and crisis response initiatives. The city of Louisville’s pilot program to connect mental health crisis calls to specialized teams instead of police officers has also been acknowledged in the report.

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