Involuntary civil commitment in managed care settings may create
conflicts between providers and payers. Providers may determine that a
patient, particularly one who presents a risk to self or others, must be
confined beyond the period reimbursed by the payer. Court decisions have
upheld clinicians' ethical obligations to provide care in these situations.
In addition, civil commitment may be used to shift costs of long-term care
to another provider. The author explores these issues and suggests six
strategies that providers can use to address them. They include avoiding
negotiations with payers over individual patients' care by ensuring that
contracts with payers address civil commitment and patients at risk of
harming themselves or others, identifying and creating services and social
supports to reduce the necessity for commitment and allowing creative use
of benefits, adopting formal risk assessment protocols to standardize the
process for all patients and and clinicians, conducting research on the use
of civil commitment and coercion in managed care settings, ensuring that
incentives do not exist in states' Medicaid managed care programs to use
civil commitment to shift costs, and holding discussions with treatment
staff about the growing encroachment of financial considerations into
treatment decisions.
Abstract Teaser