Protection and Advocacy for Individuals with Mental Illness (PAIMI)

The Protection and Advocacy for Individuals with Mental Illness (PAIMI) program is a federal program administered by the Commission to assist individuals with a diagnosis of serious mental illness with advocacy related services. Although the program places a priority on individuals who live in a facility providing care and treatment, it can also serve individuals who live in the community.

There is also a list of local legal assistance and outreach contact offices. 

The PAIMI program, established in 1986 by federal legislation was amended in 2000. The 2000 amendment allowed the PAIMI program to serve individuals with mental illness regardless of where they live. The Act's main purposes are investigation of abuse and neglect of persons with mental illness, and legal and other advocacy services. The Commission implemented the PAIMI system, augmented its state-funded abuse/neglect activities with the federal funds, and established a primarily legal regional support system through contracts. Unique to the PAIMI program, this funding allows Disability Advocates, Inc., in Albany, to serve as both a regional legal resource for the greater Hudson River region and as a statewide impact litigation unit for PAIMI. There are also five regional offices serving other parts of New York State: New York Lawyers for the Public Interest (NYLPI); Neighborhood Legal Services in Buffalo; Legal Services of Central New York in Syracuse; Legal Aid Society of Northeastern New York (in Canton and Plattsburg); and, Touro College Law Center on Long Island. Abuse/neglect activities are a funded part of other Commission's Divisions, in particular MRB, and the Division of Quality Assurance/Investigations. Typical PAIMI issues include:

• Inappropriate Medications;
• Improper or Excessive Use of Physical Restraint;
• Failure to Provide Appropriate Mental Health Services; and
• Physical or Sexual Assaults, and Verbal Abuse.

PAIMI addresses individual complaints (consumer credit problems, family court issues related to visitation/support for mentally ill clients, individuals who allegedly are being financially abused either by programs or by conservators, and assisting people allegedly injured in facilities file suit in the Court of Claims) and systemic issues which can effect large numbers of persons (such as accessibility of the Office of Mental Health community residence program for people who also have physical disabilities,treatment of prisoners with mental illness, housing in the least restrictive setting, and living conditions in adult homes).

Training is part of the PAIMI program, and both regional office and Commission staff assist constituency groups in learning about their rights, developing self-advocacy skills, etc.

Each year the PAIMI program issues goals and objectives for program activities, and requests comments and suggestions at an annual public forum.

The PAIMI Advisory Council is unique within the Protection and Advocacy Division, as it is required by federal statute and must be made up of at least 60% direct recipients of mental health services or their family members. The Advisory Council advises the program regarding priority development and to provide program evaluation.

PAIMI Brochure (English)  (Spanish)

Rights of persons being treated in a psychiatric facility/unit or by a program
operated or licensed by the Office of Mental Health (OMH)

Mental Hygiene Law Section 33.01 - No person shall be deprived of any civil right solely by reason of receipt of services for a mental disability.

Mental Hygiene Law Section 33.02 - Recipients of mental health services have the right to:

• a safe and sanitary environment;
• a balanced and nutritious diet;
• appropriate clothing, if an inpatient in a hospital;
• practice freedom of religion;
• freedom from abuse or mistreatment from employees as well as other residents of the facility;
• adequate grooming and personal hygiene supplies, if an inpatient in a hospital;
• a safe storage place for clothing and personal belongings;
• reasonable privacy in sleeping, bathing, and toileting;
• have visitors and communicate freely with others both in and outside of a facility;
• appropriate medical and dental care, if an inpatient in a hospital;
• participate in the development of an individualized treatment plan;
• use established grievance procedures to bring questions or complaints to the facility director or other appropriate agencies and; 10/05
• authorize priority visitors, such as family members and other adults, consistent with the patient’s ability to receive them.

Other Provisions of law or regulation assure the right to:

• receive services in such a manner as to assure non-discrimination and respect of culture (Volume 14, New York Code of Rules and Regulations (14 NYCRR) Parts 27, 527);
• object to or disagree with treatment plan without being terminated from a treatment program unless refusal in certain circumstances would make continued participation in the program clinically inappropriate or would endanger the safety of the recipient or others (see esp. 14 NYCRRSection 27.8);
• a full explanation of the services provided in a manner the person can understand (Mental Hygiene Law Section 7.09(i); 14 NYCRRSection 527.4 and .8);
• participate voluntarily and consent to treatment except when limited by a “two- physician certificate” (“2PC”), court ordered treatment, guardianship, outpatient treatment order, or a risk of physical harm to self and/or others (Mental Hygiene Law Section 29.13 et seq.; 14 NYCRRPart 527);
• confidentiality of clinical records (Mental Hygiene Law Section 33.13);
• access one’s clinical record unless it can reasonably be expected to cause substantial and identifiable harm to recipient or others (access denials can be appealed pursuant to Mental Hygiene Law Section 33.16);
• receive communication and treatment in a manner recipients can read and understand, (14 NYCRRSection 527.4); and
•  written notice of rights (Mental Hygiene Law Section 33.02), which must include addresses and telephone numbers of the facility director or designee, Board of Visitors, Mental Hygiene Legal Service (MHLS), and New York State Commission on Quality of Care and Advocacy for Persons with Disabilities (CQCAPD).

Protection and Advocacy for Individuals with Mental Illness Goals/Objectives for FY2011
  

 OBJECTIVE:Twenty cases will be assisted/investigated which relate to a person’s right to choose and control their life, resources, and treatments including but not limited to informed consent, representative payee, guardianship, conservatorship, and civil commitmentprocedures (including involuntary outpatient treatment) in FY 2011. 

TARGET POPULATION:  PAIMI-eligible persons in hospitals, community settings, adult homes, skilled nursing facilities, supervised/supportive apartments, correctional facilities and juvenile justice facilities.

TARGET:      20 advocacy assistance/investigations.

OUTCOME:  number of case investigations/assistance in FY 2011.

GOAL 5:To assist PAIMI-eligible individuals in obtaining access to housing, care and treatment (both traditional and alternative evaluation), in the least restrictive environment available with an approach that is person centered, culturally competent, and respectful of each person’s values and experiences; to assure that these individuals are aware of their right to make informed decisions regarding their housing, care and treatment, including the right to disagree with their treatment and discharge plans/to use advance directives and  have access to/correction of their records.

OBJECTIVE:  Seventy-five cases will be investigated in FY 2011 concerning care and treatment individuals who will be assisted with regard to their right to have appropriate care and treatment/housing, and to participate meaningfully in that process.

TARGET POPULATION:PAIMI-eligible individuals in treatment facilities, including hospitals, community settings, skilled nursing facilities, adult homes, supervised/supportive apartments, correctional facilities, and juvenile justice facilities.

TARGET:         75 advocacy assistance/investigations.

OUTCOME:     number of cases investigated/assisted in FY 2011.