Negligent referral is a cause of action in Texas (and in many states) which assesses liability against a person who refers another to the care and treatment of an incompetent third party and that third party causes harm to the person referred. Ordinarily, the referral itself is not enough. You must have know, or should have known, of incompetency or some other triggering factor which causes the negligence to manifest itself.

Knew or should have known of damning information.

In short, if you know, or in the exercise of reasonable care, you should have known of some damning information or evidence perpetrated by an entity, and you refer someone to that entity without disclosing that information, you could be liable should that person be harmed.

The shortest version? “It could be yo’ ass.”

Which brings us once again to Timberline Knolls.

Timberline Knolls and Acadia use marketers throughout the United States. In my time in the community, I have had the privilege of getting to know several of their marketers.  Most all are personable and very likeable.

But being upbeat, likeable and personable must always take a backseat to being responsible, transparent and placing the needs of the population you serve first and foremost.

And so, arises duty. The duty of honesty. The duty to disclose. The duty to investigate. The duty to place the needs of families suffering from eating disorders above your own wants or perceived needs.

As a marketer, families have the right to know, and (in my legal opinion) you have the duty to disclose:

1. A patient of Timberline Knolls claims to have been raped in May and that when first reported, the staff at Timberline Knolls did nothing.

• That patient has filed a lawsuit against Timberline Knolls.

• A former employee of Timberline Knolls, Michael Jacksa was indicted for sexually abusing six (6) former patients at Timberline Knolls in 2019.

• CBS News Chicago Investigators stated that a record of 911 calls for service to Timberline Knolls showed dozens of calls related to criminal sexual abuse or sexual assault since 2018.

• The Lemont Police Department stated that it had received 546 calls for service from Timberline Knolls from 2023 – 2024.

• Since 2020, [after Jacksa] the Lemont Police Department claims to have received reports from patients saying they had been sexually assaulted or abused, many of whom were juveniles.

• The New York Times published a report indicating that Acadia Healthcare allegedly held patients longer than was necessary and often against their will at certain facilities. The report also claims Acadia trumped up patient symptoms in reports to payers to extract more reimbursement.

•  The United States Senate Committee on Finance conducted a two-year study of four major companies, including Acadia, providing mental health services to children and adolescents and found numerous alarming issues. 

These issues are material and relevant to a family vetting a place of healing with whom they entrust their beloved family member.

As a marketer, you can probably get away with not disclosing that the CEO of Acadia looks upon a family’s loved one as part of a “difficult population,” and that Acadia intends to simply let “the people that deal with this population” handle the many troubling issues. Notwithstanding that those are the people contributing to the very problems.

But as of now, as marketers, and whether you market to families, primary care physicians, or any third parties, you are on notice of the many problems at Timberline Knolls.  You cannot claim nor feign ignorance.

You have a strong, undelegable duty.

If you choose to continue to conduct business as usual and one of the souls you are responsible for referring is harmed by substandard care or by predators, you could be liable.

Govern yourself accordingly.