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RALEIGH— Disability advocates filed a complaint on Monday with the U.S. Department of Justice against the state of North Carolina.

The complaint names the Department of Health and Human Services and it's Secretary, Lanier Cansler. Disability Rights North Carolina said it investigated four deaths at adult care homes between July 2008 and July 2009--which they attribute to a lack of the state's compliance with the American's with Disabilities Act. A lack of adequate services specifically to mental health patients living in the more than 600 adult assisted living facilities around the state.

Vicki Smith, Executive Director of DRNC, is the leader behind the complaint.

"The 17 facilities that we visited housed 1,000 beds and the majority of those beds we're taken by individuals with mental illness.. now what you have is a deadly mix,” said Smith. “It's a violation of the integration mandate of the American's With Disabilities Act saying that people with disabilities cannot be discriminated against in terms of their ability to access services provided by government entities."

Lanier Cansler, the Secretary of the DHHS, said that many of the patients are not being tracked when they transition into private facilities and it's a lack of funding not oversight that's the problem.

"The thing is having a process by which to do it. In each facility they have an assessment and treatment plan but as a state we don't have that data where we can analyze and see what all is there," said Cansler

While DHHS officials delegate responsibility to state budget writers Smith says the obligation of care lies with all. If the department of justice finds the Disability Rights North Carolina complaint has merit, a lawsuit will be filed against the state.