Patients at Dorothea Dix will stay put for now.

The state signed a legal agreement Thursday in response to a lawsuit filed by Disability Rights North Carolina, which outlined numerous safety concerns and technical glitches with a new $138 million hospital in Butner.

Patients would have been transferred to the new facility on Wednesday.

The state's willingness to accept the deal is spurred by the results of a visit to the Butner facility last week by regulators from the federal Centers for Medicare and Medicaid Services.

Though the state has not yet released the full details of what inspectors found, it appears likely that the new facility will be found in violation of federal operating rules.

That would make it illegal for the state to transfer patients there. (N&O 

A state judge has stalled the plan to shut down Dorothea Dix hospital.

Wake County Superior Court Judge Allen Baddour issued a temporary restraining order Thursday that bars the N.C. Department of Health and Human Services from moving the bulk of Dix's patients to the new Central Regional Hospital.

That had been sheduled to start on Oct. 1.

The judge acted in response to a class-action lawsuit filed Tuesday on behalf of patients by the advocacy group Disability Rights North Carolina, which has been monitoring conditions at Central Regional. 

"We are pleased with the decision, obviously," said Vicki Smith, the executive director of Disability Rights. "What the danger is when courts get involved is that the lawyers start arguing small points and we forget why we're there, which is to document that patients are safe."

It is not clear how long Baddour's order will last. (N&O) 

A legal advocacy group has asked a judge to stop the pending closure of Dorothea Dix.

In a class-action lawsuit filed Tuesday, lawyers for Disability Rights North Carolina detail 15 safety issues at Central Regional Hospital, the new Butner facility where the bulk of Dix's patients will soon be transferred.

The nonprofit group has a federal mandate to investigate conditions independently in state hospitals, and it has been monitoring Central Regional for months. Its suit asks that a Wake County Superior Court judge issue a temporary restraining order to stop the transfer of Dix patients.

"The new hospital has significant issues regarding the safety and care of patients," said Vicki Smith, the advocacy group's executive director. "The [state] continues to provide assurances they will fix the problems, but to date, serious problems still exist."

Tom Lawrence, spokesman for the state Department of Health and Human Services, said he could not comment on the lawsuit, citing a policy.  

In a separate development, investigators for the Centers for Medicare and Medicaid Services showed up at Central Regional to look into multiple complaints. (N&O)

A last-minute change to the state budget will make it easier to close Dorothea Dix.

The final budget headed to Gov. Mike Easley was stripped of a provision that would have required the new Central Regional Hospital in Butner to be approved by outside inspectors before it can accept patients. It's unclear who wrote the provision.

Advocates for the mentally ill decried the change, which effectively lets Secretary of Health and Human Services Dempsey Benton certify that the new hospital is safe.

"They watered it down to where no certification by a third party will be required," said John Rittelmeyer, the director of legal services for the advocacy group Disability Rights North Carolina. "We are disappointed because we are adamant about protecting the safety of patients, and we just don't believe that an internal assurance that standards are being met is sufficient." 

The opening of the new hospital has been delayed at least four times in the past year amid concerns about projected staffing shortages and internsal safety reviews that found problems in the building. Most new hospitals are required to undergo rigorous testing, but hospitals run by the department are exempt. (N&O)