Provider Notice Issued 02/22/2018

Date:  February 22, 2018                                          

To:     Long Term Care Facilities - Nursing Facilities eligible to be as licensed Specialized Mental Health Rehabilitation Facilities and Facilities Provisionally Licensed as Specialized Mental Health Rehabilitation Facilities (SMHRF) only

Re:     Williams Consent Decree Requirement Regarding Access to Residents

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This Notice informs facilities provisionally licensed as a Specialized Mental Health Rehabilitation Facility (“SMHRF”) or eligible for SMHRF licensure of Williams Consent Decree requirements.  As a reminder, all consent decrees that previously applied to nursing facilities designated as Institutions for Mental Disease (IMDs) continue to apply to these provisionally licensed SMHRFs as well as those facilities eligible for licensure as such, under the Specialized Mental Health Rehabilitation Act of 2013 (“Act”) [210 ILCS 49].

The Act requires that, “[a]ny employee or agent of a public agency, any representative of a community legal services program, or any other member of the general public shall be permitted access at reasonable hours to any individual consumer of any facility, unless the consumer is receiving care and treatment in triage centers” with the sole exception that an executive director may refuse access in instances when the visitor’s presence would be “injurious to the health and safety of a consumer or would threaten the security of the property of a consumer or the facility, or if the person seeks access to the facility for commercial purposes.” [210 ILCS 49/3-110]

Section 3-108 of the Act also requires the executive director to “ensure space for visits is available” because every consumer shall be “permitted unimpeded, private and uncensored communication of his or her choice by…visitation.” [210 ILCS 49/3-108]

In accordance with the Act, your facility must identify a reasonable location for Outreach workers, Ambassadors, Resident Review staff who act as agents of the State and Class Members to meet that will afford engagement opportunities without interfering with daily operations or privacy of the Class Member or other residents. 

If you have questions, please contact the Department of Public Health, Specialized Mental Health Rehabilitation Facilities at 217-782-5180 or DPH.SMHRF@illinois.gov.

Felicia F. Norwood

Director