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The Profitable Business of Holding Patients Against Their Will

By The New York Times

In this episode of The Daily, Jessica Silver-Greenberg investigates the practices of for-profit psychiatric hospital chains like Acadia Healthcare. As traditional mental healthcare providers have scaled back operations, Acadia has aggressively expanded through tactics designed to drive admissions and prolong patient stays, raising concerns about prioritizing profits over patient welfare.

The podcast examines Acadia's strategies for funneling patients into their facilities and keeping them hospitalized as long as possible, even involuntarily committing individuals beyond legal limits. Interviews with former patients like social worker Kathy McKenzie shed light on traumatic experiences endured in Acadia facilities, fueling doubts about adequate accountability measures to address unethical practices.

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The Profitable Business of Holding Patients Against Their Will

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The Profitable Business of Holding Patients Against Their Will

1-Page Summary

The rise of for-profit psychiatric hospital chains like Acadia Healthcare

As traditional providers stepped back, Acadia Healthcare emerged as a major for-profit player in mental healthcare, with Jessica Silver-Greenberg expressing concerns about their prioritization of profit over patient care.

Acadia utilizes aggressive marketing tactics, including direct outreach to potential patients and building referral relationships with ERs and police. Their assessors dispatched to ERs to evaluate patients could bias evaluations in Acadia's financial interests.

Acadia's strategies to funnel patients and extend stays

According to the podcast, Acadia deploys various tactics to keep patients hospitalized longer, like instructing staff to omit terms like "calm" from charts. Employees felt pressured to reinterpret patient behaviors in ways that justify extended stays based on remaining insurance coverage.

Facilities like North Tampa Behavioral Health file numerous petitions to keep patients involuntarily committed beyond legal limits, effectively billing insurance longer despite few petitions being granted.

The traumatic experiences of patients like Kathy McKenzie

Kathy McKenzie, a social worker with bipolar disorder, was involuntarily held at North Tampa despite not posing danger. Her frantic attempts to assert her rights were seen as disruptive, and she faced isolation. Her traumatic experience caused lasting PTSD and distrust of the system, a pattern echoed by many other reader accounts.

The lack of accountability and consequences

Despite years of complaints and red flags, regulatory agencies have failed to meaningfully address systemic issues at Acadia. Protection agencies monitoring vulnerable populations struggled to intervene effectively in cases like Kathy's.

Silver-Greenberg expresses skepticism about consequences for Acadia's profit-driven practices, raising concerns over for-profit companies dominating mental healthcare and potentially sacrificing ethics for profit maximization.

1-Page Summary

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Counterarguments

  • Acadia Healthcare may argue that their growth fills a gap in mental health services that public or non-profit entities are unable to meet due to funding or resource constraints.
  • The aggressive marketing tactics and referral relationships could be defended as necessary for reaching patients who might otherwise not receive care or be aware of available services.
  • Acadia might contend that their assessors are trained professionals who make evaluations based on clinical need rather than financial incentives.
  • The company could argue that the extended stays are clinically justified and in the best interest of the patient's health, rather than for financial gain.
  • Acadia may assert that their billing practices are in line with industry standards and that they provide necessary care that happens to be covered by insurance.
  • The company could claim that involuntary commitments are a last resort and are done in accordance with legal and ethical standards to protect patients who are a danger to themselves or others.
  • Acadia might emphasize their commitment to patient care and dispute the characterization of their facilities as traumatic, highlighting any positive testimonials or recovery stories.
  • The company could argue that they are subject to regular inspections and audits and that any issues are promptly addressed in compliance with regulatory standards.
  • Acadia may suggest that the challenges faced by regulatory and protection agencies are systemic and not unique to their facilities, pointing to broader issues within the mental health care system.
  • The company might highlight their investments in staff training, facility improvements, and patient care programs to demonstrate their commitment to ethical practices and patient well-being.

Actionables

  • You can research and choose mental health care providers with a strong ethical track record by checking their reviews, asking for patient testimonials, and looking into their history of patient care. This helps ensure you or your loved ones receive care from institutions that prioritize patient well-being over profit. For example, before committing to a provider, you might visit various online forums or platforms where former patients discuss their experiences, or you could request a report from the Better Business Bureau.
  • You can advocate for transparent mental health care practices by writing to local representatives about the importance of oversight in for-profit mental health facilities. This could involve drafting a letter that highlights the need for stricter regulations and accountability measures to protect patients. You might also join or form a community group focused on mental health care advocacy to amplify your voice.
  • You can educate yourself on patient rights in mental health care by attending webinars or reading materials from reputable mental health advocacy organizations. Being informed about your rights or the rights of someone you care for can help you recognize and challenge unethical practices. For instance, you might learn about the legal limits of involuntary commitment and the criteria that must be met, so you can be prepared to take action if those boundaries are overstepped.

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The Profitable Business of Holding Patients Against Their Will

The rise of for-profit psychiatric hospital chains like Acadia Healthcare and their profit-driven motives

Acadia Healthcare has emerged as a large for-profit player in the mental health care field, filling a gap as non-profit and government providers step back. This shift has placed greater emphasis on profit-driven motives that may conflict with the quality of care offered to vulnerable patients.

The emergence of large for-profit players like Acadia in the mental healthcare market, as traditional non-profit and government providers have stepped back

With the retreat of traditional nonprofit hospital systems or the government from mental health care, Acadia Healthcare entered the market seizing the opportunity. Acadia started in 2005 and went public in 2011, proceeding to take advantage of the Affordable Care Act's expansion of insurance coverage for mental health care. The influx of insured patients provided Acadia with the resources needed for rapid expansion, and the company's valuation has reached $7 billion while operating across 19 states.

Acadia's business model prioritizes maximizing profits over providing quality care to vulnerable patients

Jessica Silver-Greenberg points out concerns about the increasing monetization of healthcare with for-profit companies like Acadia, which could commoditize patients—especially those in mental health crises—leading to subpar and dismissive care.

Acadia indeed places an emphasis on business growth and utilizes aggressive marketing tactics. They reach out directly to potential patients and cultivate relationships with essential referral sources such as police and emergency rooms. Business development teams from Acadia frequently visit ERs with offers of managing challenging patients, using gestures like donut and coffee deliveries to promote their services.

However, there is a concerning blurring of lines between patient care ...

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The rise of for-profit psychiatric hospital chains like Acadia Healthcare and their profit-driven motives

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Counterarguments

  • Acadia Healthcare's expansion into markets vacated by non-profit and government entities could be seen as fulfilling a critical need for mental health services that might otherwise go unmet.
  • The for-profit model can bring efficiency and innovation to the mental health sector, potentially improving service delivery and patient outcomes.
  • The aggressive marketing tactics of Acadia Healthcare might be interpreted as efforts to ensure that individuals in need of mental health services are aware of available resources.
  • The presence of Acadia assessors in emergency rooms could be viewed as a way to provide timely mental health expertise that might not be available in a non-specialized medical setting.
  • The incentive to keep patients hospitalized could be aligned with ensuring that patients receive the full course of treatment necessary for their recovery.
  • Acadia Healthcare's refusal to comment on individual cases can be seen as a strict adherence to patient privacy laws, which is a critical aspect of patient rights.
  • The valuation of $7 billion and operation across 19 states could indicate that Acadia Healthcare is successfully meeting a demand for mental health services, which could suggest that many patients are satisfied with their care.
  • The prioritization of profits in a for-profit model does not inherently mean that ...

Actionables

  • You can become a more informed healthcare consumer by researching the ownership structure of local mental health facilities before seeking care. Look up whether the facilities are for-profit or non-profit, as this can influence their care approaches and policies. For example, if you prefer a facility that may not prioritize profit over care, you might choose a non-profit organization.
  • You can advocate for transparency in healthcare by asking direct questions about treatment plans and length of stay when discussing options with healthcare providers. For instance, if you or a loved one is recommended for hospitalization, inquire about the criteria for discharge and how often the treatment plan is reviewed to ensure it aligns with patient needs rather than financial incentives.
  • You can support ethical healthcare practices by sharing your experiences with me ...

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The Profitable Business of Holding Patients Against Their Will

Acadia's strategies to funnel patients into their facilities and keep them hospitalized as long as possible

Acadia is under scrutiny for deploying various tactics aimed at extending patient hospital stays for financial gain, often placing financial metrics over clinical care.

Acadia deploys various tactics to extend patient stays

Acadia hospitals have been accused of using a range of strategies to keep patients hospitalized beyond medical necessity. State health inspectors discovered that workers at an Acadia facility were instructed to avoid using descriptions like "calm" and "compliant" in patient charts, presumably to create a record that justifies longer stays. In some instances, doctors at Acadia hospitals in Ohio and Michigan allegedly made false statements on patients' medical charts to support extended hospitalization.

When it comes to involuntary stays, facilities such as North Tampa Behavioral Health file petitions that a patient needs to be held for longer than the 72-hour legal limit. These petitions effectively allow hospitals to continue billing the patient's insurance up until the court date. Between 2019 and 2023, North Tampa Behavioral filed thousands of such petitions, yet judges granted only about 1% of these requests, underscoring the suspicion that many of these were a tactic to secure additional insurance funds.

Exaggerating symptoms and unwarranted petitions

Meanwhile, charges can reach $2,200 per day for each additional day a patient is unnecessarily retained in the hospital. Such expenses accrue while employees report subtle pressure from management to prolong hospitalizations. They were often nudged to reinterpret patients’ behaviors in a manner that could warrant additional days of care, such as questioning whether a non-suicidal patient might be labeled 'combative' to justify an extended stay.

Acadia prioritizes financial metrics over clinical care

The podcast reveals that within Acadia, there may be an elaborate system designed to exploit insurance by filling beds with insured patients for the longest permissible time. This concern is highlighted by accounts from employees, who claimed that when they recommended discharging patients or transferring them to other facilities rather than to Acadia's own, they faced ...

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Acadia's strategies to funnel patients into their facilities and keep them hospitalized as long as possible

Additional Materials

Actionables

  • You can become a more informed healthcare consumer by researching patient rights and hospitalization laws in your area to ensure you're aware of the legal duration and conditions for hospital stays. This knowledge can empower you to question extended hospitalizations and advocate for yourself or loved ones if you suspect unnecessary prolongation of care.
  • Create a personal healthcare journal to document your or your family members' hospital experiences, including admission and discharge dates, reasons given for extended stays, and any pressure felt to consent to additional days. This record can be a valuable tool if you need to dispute hospital charges or file a complaint with your insurance provider or a healthcare oversight organization.
  • Engage in communi ...

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The Profitable Business of Holding Patients Against Their Will

The traumatic experiences of patients like Kathy McKenzie who are involuntarily committed to Acadia hospitals despite not meeting legal criteria

Kathy McKenzie's experience with involuntary admission to an Acadia hospital is a startling example of what appears to be a systemic issue with forced commitments to mental health facilities.

Kathy McKenzie, a social worker with bipolar disorder, was involuntarily admitted to an Acadia hospital despite not posing an imminent danger to herself or others

Kathy McKenzie, a school social worker from Wesley Chapel, Florida, who lives with bipolar disorder, expected a brief visit to the hospital to assess her bipolar medications. During an evaluation at North Tampa Behavioral Health, an Acadia hospital, she stated she had no suicidal or homicidal thoughts which were noted in her medical records. However, despite her clear answers and understanding of involuntary commitment laws, she began to fear she might be held against her will.

Indeed, Kathy ended up being involuntarily institutionalized. She asked to use the restroom and found herself locked in a room with other patients. McKenzie screamed for her paperwork, insisting on being wrongly held. She was placed in a room with another patient on suicide watch. Her belongings were taken, and she was given a single sheet to jot down phone numbers but was denied permission to make calls.

Throughout her ordeal, she repeatedly demanded her rights, records, and the opportunity to communicate with her family. The hospital staff saw Kathy’s attempts to assert her rights as problematic or disruptive, with some referring to her as a "hot one" or hinting that she would "cause trouble."

Kathy developed coping mechanisms during her stay, such as saying the serenity prayer and trying to comfort herself by curling up. Utilizing a pen and journal she acquired after two days, she documented her experience, fearing the loss of her possessions. Her involuntary confinement made her fear for her career and life.

Kathy's experience left her traumatized, with long-lasting effects of PTSD, nightmares, and distrust of the mental h ...

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The traumatic experiences of patients like Kathy McKenzie who are involuntarily committed to Acadia hospitals despite not meeting legal criteria

Additional Materials

Actionables

  • You can create a personal mental health safety plan that includes contacts, coping mechanisms, and a personal statement of your rights and wishes in case of a crisis. This plan acts as a proactive measure to maintain control over your treatment preferences and can be shared with trusted friends, family, or a legal advisor. For example, include a list of preferred hospitals or treatment methods, and a clear statement that you wish to avoid involuntary confinement unless absolutely necessary.
  • Start a reflective journal to track your mental health experiences and any interactions with healthcare providers. This not only serves as a therapeutic outlet but also as a record that could be valuable if you ever need to advocate for yourself or others in similar situations. You might note down how certain treatments affect you, your feelings about the care you're receiving, and any changes you wish to discuss with your healthcare provider.
  • Educate your ...

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The Profitable Business of Holding Patients Against Their Will

The lack of accountability and consequences for these abusive practices in the mental health care system

Jessica Silver-Greenberg and Kathy McKenzie’s experiences reveal a concerning lack of accountability and consequences for for-profit psychiatric facilities, despite an ongoing history of complaints and significant red flags.

Regulatory agencies and government oversight have failed to meaningfully address the systemic issues at Acadia and other for-profit psychiatric hospital chains, despite years of complaints and red flags

Despite years of complaints and red flags at facilities like Acadia, regulatory agencies and government oversight have largely failed to take meaningful action to address the systemic issues. Jessica Silver-Greenberg expresses skepticism about any real consequences for Acadia or similar institutions due to little change following numerous reported incidents.

Protection and advocacy agencies, funded by the government to monitor these facilities, have limited authority and have struggled to effectively intervene in real-time situations like Kathy's

Protection and advocacy agencies, despite being funded by the government to monitor facilities that care for vulnerable populations, have limited authority. These agencies struggle to intervene effectively in real-time situations, as was the case with Kathy McKenzie. Kathy's case ended with her release just before a judge's decision was made, concluding her distressing experience at Acadia after approximately one week.

The lack of consequences for Acadia's profit-driven practices raises concerns abou ...

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The lack of accountability and consequences for these abusive practices in the mental health care system

Additional Materials

Counterarguments

  • Regulatory agencies may be working within the constraints of existing laws and resources, which might not be sufficient to address the systemic issues quickly or effectively.
  • There could be instances where regulatory agencies have taken action, but these actions are not widely reported or recognized, leading to a perception of inaction.
  • Protection and advocacy agencies might be effective in other scenarios, and their limited authority in certain situations could be due to legal limitations or challenges that are not immediately apparent.
  • Kathy McKenzie's release before a judge's decision could be interpreted as the system working to correct itself before judicial intervention was necessary.
  • For-profit psychiatric facilities may argue that they provide necessary services that would otherwise be unavailable, and that they are capable of delivering quality care while still operating under a for-profit model.
  • There may be exam ...

Actionables

  • You can research and choose mental health care providers with a strong ethical track record by using online databases that rate healthcare facilities on patient care and ethical practices. Look for non-profit organizations or independent watchdog groups that provide ratings or reports on healthcare facilities. Compare these ratings when selecting a mental health care provider for yourself or loved ones to ensure you're choosing an institution that prioritizes patient well-being over profit.
  • You can support legislative change by writing to your local representatives to express your concerns about for-profit mental healthcare practices. Draft a clear and concise letter outlining the issues presented, such as the lack of consequences for harmful practices, and advocate for stronger regulatory measures and oversight. Encourage friends and family to do the same to amplify the message.
  • You can educate your community abo ...

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