Legal Support FAQ

Complaints about an individual physician/psychiatrist: If the physician/psychiatrist works for a hospital or agency, you may contact the doctor’s supervisor. You can also file a complaint with the state medical board or the American Psychiatric Association (APA) (some psychiatrists are members, some are not). The APA might also refer you to its APA District Branch or state psychiatric society.

Complaints about other mental health professionals: If they work for a hospital or agency, you may file complaints with the therapist’s supervisor, the hospital ombudsman or the administrator. Therapists are regulated by their licensing boards (such as the state board of health and mental hygiene, counseling or other licensing board). They may also be members of their professional associations (such as the National Association of Social Workers or the American Psychological Association).

Abuse or neglect in an institutional setting: Protection and Advocacy Agencies advocate on behalf of individuals with mental illness who are in institutional settings – jails, correctional facilities or state psychiatric hospitals. Allegations of abuse or neglect are one of their top priorities.

Complaints of abuse, neglect or mistreatment in the hospital setting: You may file a complaint directly to the hospital ombudsman or administrator.

Or, you may contact The Joint Commission (formerly known as JCAHO, the Joint Commission on Accreditation of Healthcare Organizations) online or call their toll-free Compliant Hotline at 800-994-6610 to share concerns regarding quality of care. The Joint Commission accredits hospitals, home health agencies, nursing homes, outpatient clinics, behavioral health care programs and managed care plans among others. Complaints should be related to patient rights, quality of care, safety, infection control, medication use and/or security. They are unable to assist with billing, insurance or payment disputes.

Complaints about a CMHC (community mental health center): You may file a complaint with the state mental health agency. Medicaid and Medicare recipients with complaints about CMHCs have the following options: Medicare beneficiaries may contact the Centers for Medicare and Medicaid Services (CMS) regional Medicaid Service and the state Peer Review Organization. Medicaid beneficiaries may contact the state Medicaid official, and perhaps the state medical review board could help.

Your NAMI Affiliate may be able to assist you with identifying options as well.

People living with mental health conditions are protected from discrimination and bias in the workplace by the Americans with Disabilities Act (ADA). This makes it unlawful to refuse to hire a qualified applicant, terminate an employee based on their disability or refuse to make a reasonable accommodation that would make it possible for this person to perform essential job functions. The Department of Justice has a toll-free ADA Information Line, 800-514-0301, where you can learn more about your rights.

If you think you’ve experienced discrimination or been treated unfairly because of your mental health condition, promptly file a complaint. The Equal Employment Opportunity Commission (EEOC) has information on the ADA and how to file complaints against employers.

Helping a friend or family member in the criminal justice system can be difficult. NAMI offers guidance on handling the arrest of a family member including information on securing medication, court appearances and working with an attorney.

If your loved one has been assigned a public defender, it’s helpful to provide them with a mental health history explaining how it may be affecting their behavior. It may be helpful to find out if there is a mental health court or jail diversion program in the area. These programs aim to reduce the time a person with a mental illness spends in jail by diverting them to community based services, like court supervised treatment or assertive community treatment (ACT) programs.

Your NAMI Affiliate may be able to offer additional suggestions and support.