Five-Point Action Plan for President Obama to Reduce Violence by the Mentally Ill

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National Review:

President Obama said the federal government has to do something meaningful to prevent future shootings, like the recent massacre of 26 children and adults at a school in Newtown, Connecticut. Here is what the federal government can do to prevent violence related to mental illness:

1. Start demonstration projects of Assisted Outpatient Treatment (e.g. Kendra’s Law in New York, Laura’s Law in California) throughout the country. AOT allows courts to order individuals with mental illness to stay in treatment as a condition of living in the community. It is only applicable to the most seriously ill who have a history of violence, incarceration, or needless hospitalizations. AOT is proven to keep patients, the public, and police safer. The Department of Justice has certified AOT as an effective crime-prevention program. But mental-health departments are reluctant to implement AOT because it forces them to focus on the most seriously ill. Demonstration projects would help mental-health departments see the advantage of the program. (For why some people with serious mental illness refuse treatment, see this. See also how Assisted Outpatient Treatment laws (Kendra’s Law in NY and Laura’s Law in CA) keep patients, the pubic and police safer

2. Write exceptions into the Health Insurance Portability and Accountability Act (HIPAA) so parents of mentally ill children can get access to medical records and receive information from their children’s doctors on what is wrong and what the children need. Right now, for reasons of “confidentiality,’ doctors won’t tell parents what is wrong with their kids or what treatment they need, even as they require parents to provide the care. As a result, when a child goes off treatment, the parents’ hands are tied. They have all the responsibility to see the person is cared for, but none of the information or authority to see it happens. We have to change the patient confidentiality laws so parents can help prevent tragedies rather than become a punching bag for the public when something horrific happens.