W.Va. mental health provider says Manchin, others retaliated over support for vetoed bill

W.Va. mental health provider alleges retaliation

CHARLESTON, W.Va. — West Virginia is trying to “destroy” one of its largest providers of mental health services, according to a federal civil rights lawsuit Northwood Health Systems plans to file.

The Wheeling-based company, which treats roughly 3,000 people in three Northern Panhandle counties, alleges it is being retaliated against for speaking out on health care issues last year, and singles out Gov. Joe Manchin as leading the effort to punish it.

The company filed a notice of intent to sue on Tuesday, saying it plans to file suit in U.S. District Court for the Northern District of West Virginia in 30 days.

Northwood has been operating since October without a license, which it was denied by the Office of Health Facility Licensure and Certification. The state agency declined to renew Northwood’s license citing concerns over patient treatment.

Patrick Casey, chairman of Northwood’s board, told The Associated Press Wednesday the state found five problems with Northwood in 2007 and 2008 combined, compared to 175 “deficiencies” found in 2009.

“We were the poster child for regulatory compliance,” he said. “We’ve been doing a lot of things right for a long time, and then suddenly we’re not.”

What changed, according to Casey, is that Northwood and its chief operating officer, Mark Games, became prominent supporters of a 2009 bill that would have increased funding for services like group homes and specific types of therapy.

Around the same time, Games testified in Kanawha County Circuit Court in an ongoing legal battle over how the state cares for people with mental and behavioral illnesses. Games testified that state funding was inadequate and community services like day programs had been drastically cut. Ultimately, Judge Duke Bloom ruled the state had failed to meet its obligations and ordered it to take several corrective steps, a ruling the state has appealed.

The combination of lobbying for the bill — which Manchin ultimately vetoed — and testifying in Bloom’s courtroom led to threats of retaliation that swiftly became action, Casey said.

“They made it clear to us that if we didn’t back off, there would be repercussions,” he said.

The planned lawsuit says that on April 30, 2009, an unnamed member of Manchin’s staff told a Northwood representative, “if (the governor’s office) needed to, they would come out swinging” against the provider.

It says another Manchin staffer warned that the Department of Health and Human Resources would “make an issue” of the money Northwood spent lobbying for the bill.

The lawsuit says Manchin called a Northwood employee the day after he vetoed the bill, which passed both legislative chambers unanimously. Manchin expressed anger over Northwood’s lobbying efforts and “concluded the call with a demand that all efforts to override his veto of the bill cease,” according to the lawsuit.

Manchin and DHHR opposed the bill because they said it would tie the hands of state health officials. After the veto, Manchin promised to spend $12 million on community programs like group homes.

“At this point, we haven’t received the notice of intent to sue, but any allegation that DHHR’s regulation of Northwood would be based on the governor’s veto is baseless and without merit,” Manchin spokesman Matt Turner said.

DHHR spokesman John Law declined to comment Wednesday.

When the state decided not to renew Northwood’s license, it cited three patient deaths within a two-month span in 2009 and a series of incidents in which staff members mistreated, neglected or humiliated disabled patients.

“Northwood is the first to admit it’s not perfect,” Casey said. “With 450 employees, there will be problems. But when we find a problem, we fix it.”

The normal process for resolving problems, which involves the provider submitting correction plans, has essentially been ignored by the state, Casey said. He said Northwood officials submitted detailed plans to correct citations as minor as a cracked toilet seat and an unlabeled peanut butter jar, but state officials have rebuffed them.

“The reason they didn’t want plans of correction is they had no hope we could fix the problems,” Casey said. “Those were their words. It’s predetermined.”

Northwood’s planned lawsuit seeks no monetary damages. The provider wants a ruling that its civil rights have been violated and a requirement that the state remedy the situation.