Recently, the Bangor Daily News published an editorial criticizing the Department of Health and Human Services’ management and oversight of Riverview Psychiatric Center. While an editorial board is entitled to its opinion, it is important for that opinion to be rooted in fact. I would like to address the falsehoods and misleading statements that were presented as fact by the BDN to correct the record.
First, the BDN asserts that Gov. Paul LePage and I treat legislative oversight as an “annoyance.” Not so; however, the governor has made clear that the executive branch works with the legislative branch, not for it. Where legislators have the responsibility of overseeing cabinet agencies, commissioners have the duty of running those agencies. Each role is distinct and important.
In my case, the Department of Health and Human Services is a $3.4 billion agency with more than 3,000 employees. I embrace the challenges of my job and consider it an honor to serve the people of Maine in this capacity. Clearly, effective management of an organization of DHHS’ scale requires time and attention. It does not permit me to be at the Legislature’s beck and call. I will continue, however, to work with legislators.
On more than 30 occasions over the past two years, my staff and I have testified before legislative committees regarding Riverview. The more than 60 hours spent in front of the Legislature does not begin to reflect the hundreds of hours spent preparing documents and responding to written questions posed by legislators. It is simply false to assert that there has been a lack of interaction or participation in the committee process. I look forward to testifying before the Government Oversight Committee next month at a date and time that all parties have agreed upon.
Second, the editorial refers to DHHS’ “confusing and vague responses” to legislative inquiries regarding Riverview. While some legislators — and media members for that matter — may not like the department’s responses to their inquiries, we have been anything but confusing or vague. In the clearest terms, we have advocated for:
— A secure rehabilitation facility to house and treat violent patients whom the courts have found “not criminally responsible” and those who have not yet been given court permission to be back in the community;
— Statutory changes that would permit the Intensive Mental Health Unit at the Maine State Prison to hold violent, mentally ill individuals; and
— Additional staff — and greater freedom from restrictive union work rules — that will enable Riverview to transition into a 21st century mental health center of excellence.
The first two critical improvements remain unfulfilled. We hope to see both come to fruition in the coming months. The Legislature, at length, provided funding to fulfill the third need, enabling Riverview to make most of its recommended hiring. That process is aggressively underway. The bottom line is that all three changes are fundamental to ensuring that Riverview operates as a safe, effective treatment facility for the non-violent mentally ill.
Third, the BDN informs readers that “the state lost $20 million in annual federal funding as a result” of Riverview’s losing CMS certification. That is not true — something department officials have communicated repeatedly to legislators and the media — and something the media has inaccurately reported for more than two years.
Rather than eliminating federal funding, CMS has threatened to disallow federal funds the state uses to support Riverview’s operations. The risk has been communicated to the Legislature but CMS has not yet taken action. We do not believe that federal statute or rule will allow our funds to be eliminated.
Finally, it is important to recall the origin of Riverview’s current challenges. The hospital lost its CMS certification primarily due to the presence of sheriff’s deputies equipped with Tasers and handcuffs. These guards were on the premises under previous hospital leadership to ensure the protection of non-violent patients and staff from violent patients who were committed to Riverview because the courts had deemed them “not criminally responsible” for often horrific actions. They had nowhere else to go. Their needs, however, exceeded the ability of a hospital to provide.
Addressing treatment planning and staffing is essential, and we have made significant progress. But until Maine has a solution for securely housing and treating the violent mentally ill, Riverview’s recertification — and far more importantly — its patients and staff will remain at risk.
This is the stark reality we face. It is clear and unambiguous. And the LePage administration remains at the ready to work with legislators to address it.
Mary Mayhew is commissioner of the Maine Department of Health and Human Services.