SLS to be shut down by the State of New York.
http://www.lohud.com/article/20091122/N ... ealth-firmThe state Appellate Division has overturned most of a lower court’s 2008 ruling that supported a private, for-profit mental health facility accused of violating patients’ rights.
The Appellate Division ruled mostly for the state Office of Mental Health in its three-year battle with SLS Residential Inc., which treats adolescents and young adults with behavioral and psychological issues at two residential facilities and an outpatient facility in Southeast.
State mental health officials fined SLS $110,000 and have moved to close SLS by revoking its operating permits.
The four-judge panel upheld $100,000 of those fines, finding "substantial evidence in the record" to support them, but rescinded a $10,000 fine that OMH levied against SLS for the alleged illegal use of manual restraints on its clients.
The court found that OMH was trying to change state law by redefining the meaning of "restraint" to include manual restraints and that it violated the state Constitution because it failed to notify licensed facilities of its restraint policy. The court also found no evidence that SLS?used restraints.
"The Appellate Division’s decision ... is a tremendous victory for SLS," Joseph Santoro, co-chairman of SLS, wrote in an e-mail. "As you know our basic position on restraint is that OMH cannot legislate. The Court found that OMH violated New York Constitution by failing to promulgate official rules and regulations. This is the essence of our dispute with OMH and therefore it vindicates our position."
But spokeswoman Jill Daniels said the state agency "is pleased that the court ruled in OMH’s favor on all issues but one" and said the agency has introduced legislation to clarify the definition of the term "restraint" to include "physical, mechanical, or pharmacological measures used to restrict movement."
Santoro said SLS was disappointed that the rest of the court’s ruling went against it but that SLS will appeal to a higher court.
The saga began in November 2006 when OMH inspectors visited the two residential treatment centers in Southeast run by SLS, also known as Supervised LifeStyles Inc., and fined the company $80,000 on violations that included illegally restraining residents, limiting their contact with people outside the facility, including family, violating their privacy by watching them as they provided a urine sample for drug tests and unfairly punishing residents.
OMH moved to rescind the operating permits for SLS, which appealed the ruling and fines in a hearing before the state agency. A hearing officer ruled in favor of OMH, and the agency’s commissioner, Michael F. Hogan, upheld the ruling.
SLS then appealed to the state Supreme Court. In December 2008, Justice Andrew P. O’Rourke ruled in favor of SLS, finding that OMH’s actions were "arbitrary, capricious and contrary to law and wholly unsupported by substantial evidence."
O’Rourke’s ruling, which also vacated the $110,000 in fines, let SLS maintain its operations while the state went to the Appellate Division, which largely overturned O’Rourke Nov. 10.
Daniels said the agency now will move forward to revoke SLS’s permits.
Glen Feinberg, a Pleasantville resident who says his son received abusive treatment while a patient at SLS and who has been a vocal critic, called the ruling "a resounding victory" for OMH and urged the state Office of the Professions to "take action against the SLS psychologists responsible for this lawlessness."
In addition, SLS continues to falsely advertise to a target audience, specifically current and former patients and the families/payees as well as potentially new clients who may have caught wind of the numerous lawsuits and investigations this hospital has been under since 2006. Here was SLS' spin on the exact same scenario of loosing it's appeal:
http://friendsofslshealth.com/OMH VIOLATES NY CONSTITUTION
Supreme Court of the State of New York: “…OMH’s failure to officially promulgate its policy as a rule or regulation violated the New York Constitution...”
It is proven once again that OMH, even though it is a state government agency, does not live up to the standards one would expect from the government. Below some informative writing that we received:
November 12, 2009
To Friends of SLS:
The Appellate Division of NY issued its decision today on the SLS v. OMH matter concerning fines for SLS actions which allegedly violated NY regulations and law.
The Court decided in SLS’s favor in the major issue of whether SLS used illegal restraints. The Court found that OMH failed to obey the law. OMH attempted to usurp the power of the Legislature by defining restraint in a manner which the law did not permit. OMH then used this false definition to defame SLS’s programs by accusing SLS of illegally restraint patients. SLS has been vindicated on this the most important of the several issues reviewed by the Court.
On the other issues the Court found in favor of OMH. SLS’s attorneys are reviewing this part of the Court’s decision in depth. At this time SLS believes that the Court may have incorrectly decided at least three of these issues. The issues that SLS believes were decided incorrectly concern the limitations of patient rights, the imposition of an admissions block without prior due process and the violation of that order. Once we have completed our legal analysis we will decide on whether we will appeal to the Court of Appeals (NY’s highest Court) for a reversal of the lower Court’s decision.
SLS has won a significant victory. In addition, OMH has been cited for its failed management of Rockland Psychiatric Center.
We wish to take this opportunity to thank all of our friends and supporters who have stood by SLS and its dedicated staff of professionals.
Sincerely,
SLS Residential, Inc.
--
Scary stuff right?! It's pretty safe to say that several people are going to jail. The owners will likely lose homes, cars, assets, etc. Doctors will lose the right to practice anymore. Don't forget these clowns were fined $35,000 already for lying to potential class members about medical records being exposed...
