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Illinois Guardianship and Advocacy Commission Human Rights Authority, Chicago Region met April 5.

Here are the minutes provided by the commission:

PRESENT: Linda Cervenka, Gary Doherty, Jeremy Farmby, Shelia Orr, Alehae Khan, Dallas Read and Daryl Richardson.

ABSENT: Jeff Gee.

STAFF: Jeremy Polk (Disability Rights Manager)

GUEST: Sandra Navarro (Cermak), Rachael Wilson (Cook County), David Kellner (Cermak), Dr. Augustine (Cermak), Marie Marasovich, (potential member) and Jon Burnet (HRA).

The regularly scheduled meeting of the Human Rights Authority, Chicago Region was called to order at 5:05 p.m. by the Chicago Region Member Gary Doherty.

It was determined that a quorum was present. The HRA did move into close session at the beginning of the meeting to expedite a discussion of Cermak’s site visit. The confidentiality statement was read by Jeremy Polk.

Minutes: Minutes for November, January and February were approved. The motion to approve was entered by Shelia. The motion was seconded by Daryl. The motion carried with remaining votes.

Communications:

NEW BUSINESS

Ratifications:

20-030-9010 – Advocate IL Masonic – The draft report was discussed at the November meeting and there were no issues with the report as drafted. A motion to accept and issue was entered by Gary. The motion was seconded by Jeremy Farmby. The motion carried with remaining votes and the report was issued. The report did not have any recommendations or a provider response. The ratification of the motion to close and publish was entered by Gary. The motion was seconded by Jeremy. The motion carried with remaining votes.

20-030-9020 – Northwestern – The hospital had previously asked for more time in updating all policies and providing training. The response was due November 23, 2021. The hospitals attorney requested an additional 30 days to provide verification. The DRM emailed the hospital attorney and was informed that most of the training was completed but there are some outliers as COVID has left them short staffed. The attorney indicated training would be complete on April 12, 2022. Motion to table acceptance was entered by Gary. The motion was seconded by Jeremy Farmby. The motion carried with remaining votes.

21-030-9002 – Hartgrove – The HRA had a lengthy discussion on the role of DCFS in discharge and placement of their wards. The HRA tabled acceptance of this report as members had questions regarding whether the facility attempted to place the patient as this information was not present in the record. Motion to table was entered by Daryl. The motion was seconded by Shelia at the November 2021 meeting. At the January meeting the HRA accepted this case as drafted and voted to issue report. The HRA voted to ratify previous actions. The motion was entered by Gary and the motion was seconded by Jeremy. The motion carried with remaining votes.

21-030-9007 – Madden – The HRA previously voted to accept this report and issue. The HRA voted to ratify previous actions. The motion was entered by Gary and the motion was seconded by Jeremy. The motion carried with remaining votes.

21-030-9011 – Madden – The HRA previously voted to table acceptance of this response as a quorum was not present. The HRA voted to ratify previous actions. The motion was entered by Gary and the motion was seconded by Jeremy. The motion carried with remaining votes.

21-030-9012 – Madden – The HRA previously voted to close this case. However, a quorum was not present. The HRA voted to ratify previous actions. The motion was entered by Gary and the motion was seconded by Jeremy. The motion carried with remaining votes.

21-030-9019 – MacNeal – The HRA voted to close and accept of the response. However, a quorum was not present. The prior motion to close was entered by Dallas. The motion was seconded by Alehae. The HRA voted to ratify previous actions. The motion was entered by Gary and the motion was seconded by Jeremy. The motion carried with remaining votes.

21-030-9022 – Park Shore – The HRA voted to accept this report and issue. However, a quorum was not present. Motion to accept was entered by Dallas. The motion was seconded by Linda. The motion will be ratified at next meeting with a quorum. At this meeting the HRA voted to ratify previous actions. The motion was entered by Gary and the motion was seconded by Jeremy. The motion carried with remaining votes.

22-030-9013 – New Case – A recipient of services reports that she was not given her personal items on discharge from a mental health facility. The HRA voted to not accept the case as the release had not been returned. The HRA voted to ratify previous actions. The motion was entered by Gary and the motion was seconded by Jeremy. The motion carried with remaining votes.

22-030-9014 – Central Plaza – A guardian reported that a nursing home was not allowing the guardian’s participation in the treatment plan. The guardian also reported not being able to secure copies of the treatment plan as well as receiving notification of the patient’s medical issues. The motion to accept was entered by Daryl the motion was seconded by Gary at the January meeting. The HRA voted to ratify previous actions. The motion was entered by Gary and the motion was seconded by Jeremy. The motion carried with remaining votes.

22-030-9015 – Amita Masonic – A patient reported that a facility is not honoring her request for discharge. She also reported that she was not explained her rights nor informed of why she was reason she was being held at the facility. The motion to accept was entered by Daryl the motion was seconded by Gary at the January meeting. The HRA voted to ratify previous actions. The motion was entered by Gary and the motion was seconded by Jeremy. The motion carried with remaining votes.

22-030-9016 – UChicago Medicine – A guardian reported that the patient was discharged without notification. The motion to accept was entered by Dallas the motion was seconded by Alehae. The HRA voted to ratify previous actions. The motion was entered by Gary and the motion was seconded by Jeremy. The motion carried with remaining votes.

22-030-9017 – New Case – A patient reported that a facility did not explained her rights nor informed of why she was reason she was being held at the facility. She also indicated she was restrained and given forced medications without cause while attempting to leave the facility. The motion to accept was entered by Dallas. The motion was seconded by Alehae. The HRA voted to ratify previous actions. The motion was entered by Gary and the motion was seconded by Jeremy. The motion carried with remaining votes.

22-030-9018 – Thorek – A patient that a facility did not honoring his request for discharge. He also reported that he was not explained her rights nor informed of why he was reason he was being held at the facility. Finally, the complainant states he was improperly admitted and given forced medications without cause. The motion to accept was entered by Dallas. The motion was seconded by Alehae. The HRA voted to ratify previous actions. The motion was entered by Gary and the motion was seconded by Jeremy. The motion carried with remaining votes.

22-030-9019 – New Case – A report indicated that a facility does not permit recipients to inspect their medical record while they are in the hospital. Their reason for violating recipients’ right to see their charts is the hospital deems it is not clinically indicated for some recipients to inspect their medical record. The motion to table opening was entered by Dallas. The motion was seconded by Alehae. The HRA voted to ratify previous actions. The motion was entered by Gary and the motion was seconded by Jeremy. The motion carried with remaining votes.

22-030-9020 – UChicago – A complainant explained that she was improperly petition for psychiatric care at a local hospital. She stated that she had expressed some issues with a Counselor but was taken by police escort without her rights being explained. Once at the hospital she was notified that she was being detained involuntarily. The motion to accept was entered by Dallas. The motion was seconded by Alehae. The HRA voted to ratify previous actions. The motion was entered by Gary and the motion was seconded by Jeremy. The motion carried with remaining votes.

22-030-9021 – UChicago – A complainant explained that she was given forced medications without case and forces to disrobe in a hospital emergency room. She also reports having her personal items taken for no reason. The motion to accept was entered by Dallas. The motion was seconded by Alehae. The HRA voted to ratify previous actions. The motion was entered by Gary and the motion was seconded by Jeremy. The motion carried with remaining votes.

22-030-9022 – New Case – A call was returned to the guardian of an eligible member. The complaint is that a facility lost protected health information for an eligible member. The complaint furthers that the facility is also not helping with placement which is a requirement of the treatment plan. The motion to not accept was entered by Dallas. The motion was seconded by Alehae. The HRA voted to ratify previous actions. The motion was entered by Gary and the motion was seconded by Jeremy. The motion carried with remaining votes.

New Cases:

22-030-9019 – New Case – A report indicated that a facility does not permit recipients to inspect their medical record while they are in the hospital. Their reason for violating recipients’ right to see their charts is the hospital deems it is not clinically indicated for some recipients to inspect their medical record. The HRA discussed this case as there was no individual complainant the HRA believed the investigation would be mundane. The motion to not accept was entered by Daryl. The motion was seconded by Gary. The motion carried with remaining votes.

22-030-9023 – New Case – A call was returned to the family member of an eligible member. The complaint is that a facility is not providing adequate information about an eligible member. The complaint furthers that the facility is also not allowing the family member to be included in the treatment plan. The DRM contacted the facility and handled the issue informally. Motion to not accept due to being closed by informal mean entered by Gary. The motion was seconded by Daryl. The motion carried with remaining votes.

22-030-9024 – New Case – A call was returned to the family member of an eligible member. The complaint is that a facility is not providing adequate information about an eligible member. The complaint furthers that the facility is also not allowing the family member to be included in the treatment plan. Lastly the complaint indicates that the patient is not being discharged timely. The DRM contacted the facility and handled the issue informally. Motion to not accept due to being closed by informal mean entered by Shelia. The motion was seconded by Gary. The motion carried with remaining votes.

22-030-9025 – New Case – A complainant reports being improperly petitioned and imprisoned in a mental health facility. The report indicates that the patient was brought to a hospital for a gallbladder issue. The complainant reported never being explained why he was being detained and that sometime around 2:00 a.m. following surgery he was given his rights. However, the complainant reported he was groggy and could not comprehend anything at the time. The complainant then reported asking to call his wife which was denied on several occasions. Motion to accept was entered by Gary. The motion was seconded by Daryl. The motion carried with remaining votes.

UNFINISHED BUSINESS

The HRA was moved into closed session pursuant to the Guardianship and Advocacy Act (20 ILCS 3955/21) and the Open Meetings Act (5 ILCS 120/2). Motion to enter closed session was entered by Daryl. The motion was seconded by Jeremy Farmby. The HRA entered closed session at 5:09 p.m. The HRA returned from closed session at 5:50 p.m. The HRA took no votes or case actions during closed session.

Case Assignments:

N/A

Draft reports for acceptance:

21-030-9025 – Seguin – The HRA previously voted to table acceptance of this report as a quorum was not present. The HRA briefly discussed that the facility needed to reach out to the family and provide missing funds. The HRA voted to accept and issue the report as drafted. The motion was entered by Daryl. The motion was seconded by Gary. The motion carried with remaining votes.

21-030-9008 – Riveredge – The HRA voted to issue and accept the report as drafted. The primary issue was that the record was missing a restriction of rights form that is required by the code. The motion was entered by Daryl. The motion was seconded by Gary. The motion carried with remaining votes.

22-030-9011 – Thresholds – There were not issues with the report as drafted. The HRA voted to accept and issue the report. The motion was entered by Gary. The motion was seconded by Dallas. The motion carried with remaining votes.

Accept responses, close and publish:

20-030-9020 – Northwestern – The hospital had previously asked for more time in updating all policies and providing training. The response was due November 23, 2021. The hospitals attorney requested an additional 30 days to provide verification. The DRM emailed the hospital attorney and was informed that most of the training was completed but there are some outliers as COVID has left them short staffed. The attorney indicated training would be complete on April 12, 2022. Motion to table acceptance was entered by Gary. The motion was seconded by Jeremy Farmby. The motion carried with remaining votes.

21-030-9002 – Hartgrove – The HRA had a lengthy discussion on the role of DCFS in discharge and placement of their wards. The HRA tabled acceptance of this report as members had questions regarding whether the facility attempted to place the patient as this information was not present in the record. Motion to table was entered by Daryl. The motion was seconded by Shelia at the November 2021 meeting. At the January meeting the HRA accepted this case as drafted and voted to issue report. The HRA reviewed the response and voted to accept the response. The motion was entered by Shelia and the motion was seconded by Jeremy. The motion carried with remaining votes.

21-030-9007 – Madden – The HRA previously voted to accept this report and issue. The HRA did not receive a response from the provider so closure was tabled. The motion was entered by Shelia. The motion was seconded by Gary and the motion carried with remaining votes.

21-030-9011 – Madden – The HRA voted to accept this response. The motion was entered by Shelia and the motion was seconded by Jeremy. The motion carried with remaining votes.

21-030-9022 – Park Shore – The HRA voted to close and publish this report. The motion was entered by Shelia and the motion was seconded by Jeremy. The motion carried with remaining votes.

Other unfinished business, announcements and comments:

Adjournment:

Motion to adjourn entered by Shelia. The motion was seconded by Gary and the motion carried. The meeting was adjourned at 6:15 pm.

https://www2.illinois.gov/sites/gac/Press/Documents/minutes/2022/Chicago040522Minutes.pdf