From WCMH-NBC4i.com — By — 

COLUMBUS, Ohio (WCMH) – A disability advocacy organization has sued the Ohio Department of Behavioral Health, accusing the agency of withholding records tied to alleged abuse and neglect at its facilities, including one in which a patient died.

Disability Rights Ohio filed the lawsuit in the U.S. District Court for the Southern District of Ohio on Oct. 7, demanding access to records related to an investigation it is conducting.

The lawsuit accuses the department of breaking federal and state law by not providing the records. Disability Rights Ohio is the state’s federally designated Protection and Advocacy System, which grants it the authority to investigate incidents of maltreatment against residents with disabilities at treatment facilities.

“While we value and respect the role of the protection and advocacy system, we must exercise our statutory authority carefully to ensure compliance with applicable privacy laws,” the Ohio Department of Behavioral Health said in a statement. “We take seriously our dual role of safeguarding patients’ rights and protecting the public, and our responses to records requests are guided by this balance.”

One incident that Disability Rights Ohio is attempting to investigate is a death at Northcoast Behavioral Healthcare, a state-operated psychiatric facility in Summit County. In November 2024, a patient was found dead with a plastic bag over their face.

The organization received a report in January, claiming that the patient was subject to neglect resulting in their death. Specifically, the report indicated that the patient was able to access a plastic bag, which are generally prohibited at mental health facilities because of suffocation and choking risks, according to the filing.

Do you need an attorney to handle your Estate Planning, Probate, Special Needs, or Medicaid/Medicare issues? Find a qualified member of the Ohio Chapter of the National Academy of Elder Law Attorneys in the Ohio NAELA Directory.