Provider Notice issued 06/28/11

​To: Institutions for Mental Disease

Date: June 28, 2011

Re: Williams v. Quinn (05 C 4673)

Pursuant to the Implementation Plan of the Williams v. Quinn class action suit settlement effective September 29, 2010, the State must ensure that all residents of nursing facilities classified as Institutions for Mental Disease (NF/IMDs) receive: (1) outreach and information about community living alternatives; (2) clinical assessment and evaluation of resident capacities and necessary services/supports for community living; and, (3) where appropriate, assistance with transition to the community. Facilities covered under the Williams Consent Decree are required to cooperate fully with implementation.

The Implementation Plan includes three processes, which are described below, that will take place within facilities and will require cooperation, accommodation, and collaboration by facility administration and staff. Unfettered access to residents is a critical area of required cooperation. Facility administration will also be required to make some small office space available to accommodate private meetings with residents, as well as use of space for some larger informational meetings. Access to resident records and facility staff will be required in conducting assessments and for community transition coordination.

The State fully expects that facility ownership, administration, and staff will refrain from any effort to discourage resident participation in the process or consideration of community alternatives. The State does not expect any negative or retaliatory response toward resident exhibiting interest in community transition and/or choosing community transition. The Department is confident that all NF/IMDs will provide their full cooperation with the implementation process.

The three settlement implementation processes that will take place within NF/IMDs are Outreach, Resident Review, and Transition Coordination. Each of these is briefly described below.

Outreach

The Decree requires that information be provided to residents on the settlement, including their rights under the decree, information about existing community alternatives, and processes for determination of resident needs and preferences. The Department of Human Services, Division of Mental Health (DHS/DMH) will contract with Recovery Support Specialists to conduct outreach at the all of the NF/IMDs and disseminate information to residents and families.

Methods will include: facility-wide and individual meetings, brochures, and video presentations. Recovery Support Specialists may meet with individual residents outside of the facility. DHS/DMH is also encouraging provision of an introduction to Wellness Recovery Action Planning (WRAP) to residents by Recovery Support Specialists. Facilities should anticipate periodic presence of the recovery Support Specialists on an ongoing basis.

Resident Review

The decree also requires that all NF/IMD residents be offered an assessment during the first two years following the approval of the implementation plan which is anticipated on July 31, 2011. The department has contracted with the University of Illinois, Chicago (UIC) to upgrade the Resident Review process and to conduct these clinical assessments of class members. The projected start-up for this initiative is November 1, 2011. These reviews will include assessment of each resident’s strengths, functional capabilities, mental health and medical issues, risks and potential mitigation strategies. The reviews will also solicit each resident’s preferences and determine specific needs in terms of services, supports, and living arrangements. Class members may refuse this evaluation and also may subsequently ask for evaluation. Following the initial Resident Review, the Decree requires that individuals who remain in the facility must receive at least an annual assessment to update their status. Facilities will be contacted by UIC to schedule the initial Resident Review assessments over the first two years of implementation.

Transition Coordination

DHS/DMH will contract with community mental health centers to provide Transition Coordination for individuals who choose and are able to transition to the community. Based on the clinical findings of the resident review and consumer preferences, the Transition Coordinator (TC) will provide necessary linkage and coordination to secure housing, entitlements and benefits, community mental health services and medical care. Facilities will collaborate in planning for discharge, providing a transitional supply of medication, and transmitting necessary information to receiving providers. Transition coordinators will schedule appointments through the facility directly. The work of the TC will inevitably require transporting residents offsite to complete the housing search, linkage with entitlements, and community residence set-up.

In all cases visiting Recovery Support Specialists, Resident Review staff, and Transition Coordinators will display appropriate identification that indicates their agency affiliation and role.

The cooperation of NF/IMD ownership, administration and staff is greatly appreciated. Questions regarding this notice may be directed to the Bureau of Long Term Care at (217)782-0545.

Theresa A. Eagleson, Administrator
Division of Medical Programs