Myths about making Kendra’s Law permanent


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Myth: Assisted Outpatient Treatment does not work.
REALITY:
10 years of studies in NY (5-year Bellevue pilot study plus 5 year Kendra’s Law) show AOT works. Of 14 studies to date across the country, almost all showed benefits that include reduced hospital stays, violence and arrests, and improved chances of recovery.
Under AOT:

* 74 percent fewer experienced homelessness;
* 77 percent fewer experienced psychiatric hospitalization;
* 83 percent fewer experienced arrest; and
• 87 percent fewer experienced incarceration.

Myth: AOT is Unconstitutional.
REALITY:
Kendra’s Law has been challenged twice in NY and found constitutional unanimously by the state’s highest court. Forty-two states and the District of Columbia have AOT laws.

Myth: AOT infringes on civil liberties.
REALITY
: AOT cuts the need for incarceration, restraints, and involuntary inpatient commitment, allowing individuals to retain more of their civil liberties.

Myth: If we had more community treatment, we wouldn’t need Assisted Treatment.
REALITY:
Assisted Treatment is not an alternative to community treatment; it is a way to see that community treatments are utilized by those who may lack insight into their illness and reject treatment, even when available.

Myth: “Consumers" oppose Assisted Treatment.
REALITY:
According to Office of Mental Health Final Report on Kendra’s Law, AOT recipients overwhelmingly endorsed the effect of the program on their lives:
*75 percent reported that AOT helped them gain control over their lives;
*81 percent said that AOT helped them to get and stay well;
*90 percent said AOT made them more likely to keep appointments and take medication.

Myth: Assisted Outpatient Treatment discriminates based on race
REALITY:
AOT reflects a trend in community services. According to OMH, while 63% of all New Yorkers in AOT are people of color, 72% of all New Yorkers who receive community case management services are people of color. Because of AOT, African Americans and Hispanics are getting access to housing, case management, day treatment and other services that were previously unavailable to them.

MYTH: The studies do not show that court orders confer any benefits beyond those gained from increased services.
REALITY:
A Duke University study specifically examined this. "[O]ur study tested the net effect of outpatient commitment as well as the complementary role of intensive services delivery. We found that subjects who were high-intensity service users without outpatient commitment had no better outcomes than their counterparts who received infrequent services or no services at all. Clearly, the court order added something."

Misleading: Voluntary programs are better than involuntary ones.
REALITY:
This is true, but assisted treatment is preferable to no treatment at all. The only individuals subject to Assisted Treatment are those who fail to participate in voluntary services because the severity of their illness impairs their ability to make rational decisions. Even with Assisted Treatment, individuals are free to voluntarily participate in services.

Misleading: Persons with mental illness are no more potentially violent than the general population
REALITY:
This is true, except when persons with a serious mental illness do not take their medications and have co-occurring substance abuse problems – Those are the persons who are served by AOT.

Myth: Assisted Outpatient Treatment hurts the mental health system.
REALITY:
Before Kendra’s Law, providers picked and chose the easiest-to-treat, least-ill patients for their programs. Under Kendra’s Law, the most severely disabled are given priority. Kendra’s Law helps the mental health system by forcing it to focus on the most severely disabled. In addition, the OMH Final Report states that Kendra’s Law has helped to improve accountability, access to services, planning and coordination of services throughout the mental health system.

Myth: There is wide opposition to Kendra’s Law
REALITY:
In addition to being supported by those who have experienced it, Kendra’s Law is supported by Governor Pataki and Attorney General Spitzer, both of whom have introduced bills that would make the law permanent. It is supported by the Office of Mental Health and mainstream advocacy organizations such at the state National Alliance for the Mentally Ill, NAMI-NYC Metro, the state Mental Health Association, the Mental Health Issues Committee of the New York State Bar Association and the Treatment Advocacy Center. It has been supported by the liberal New York Times and Newsday; as well as the conservative New York Post and Daily News and community safety groups like the Victims Services Agency.

For more information, call NAMI-NYS at 1-800-950-3228

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260 Washington Ave. Albany, NY 12210 518-462-2000
Helpline 1-800-950-3228 (NY only)