Chapter Update

Tuesday, September 7

Fairness Hearing: Williams v. Quinn Consent Decree

I spent most of this morning with Phyllis Mitzen, chair of NASW Illinois Chapter’s Older Adults Shared Interest Group (SIG), in a packed courtroom on the twenty-fifth floor of the Dirksen Federal Building in a fairness hearing regarding the Williams v. Quinn Consent Decree. This past May, the court granted preliminary approval to the proposed Consent Decree. On August 10, 2010, the NASW Illinois Chapter—along with other organizations around the state—wrote a letter of support in the Williams v. Quinn class-action lawsuit and proposed consent decree, the text of which can be found here. A positive ruling by Judge William T. Hart will have a direct and beneficial effect on social workers in the field of mental health. The entire proposed consent decree can be found here.

The original Williams v. Quinn lawsuit was filed in 2005 by two people with mental illness who resided in large, private, state-funded facilities called institutions for mental diseases (IMDs). In 2006, a federal judge certified the case as a class action, which meant the case could move forward on behalf of all IMD residents. Currently, there are approximately 4,500 people who reside in IMDs across Illinois.

Supporters and opponents of the consent decree called witnesses to testify before Judge William Hart. Supporters of the consent decree called a variety of experts who all noted that people residing in IMDs can benefit from being served in the community with appropriate supports, and that safe and secure housing is a key to making this proposed policy a success. One of the expert witnesses who testified was Tony Zipple, PhD, president and CEO of Thresholds, who most recently discussed this issue with the NASW Illinois Chapter Board of Directors in August 2010. Supporters of the consent decree also called current and past residents of IMDs to testify.

The role of social workers in an eventual positive ruling by Judge Hart will only grow and become very important, especially in the context of an assertive community treatment team approach to support persons with serious and persistent mental illness.

If Judge Hart does approve the proposed Consent Decree, the following will be achieved:
•    All IMD residents will receive an individualized, independent evaluation and the opportunity to live in a community-based setting (including permanent supportive housing) with appropriate services.
•    Over a five year period, all IMD residents who desire placement in the community shall transition to the most integrated community-based setting appropriate for their individual needs.
•    The judge overseeing the case will appoint an Independent Monitor with mental health expertise to oversee implementation and compliance with the Consent Decree.
•    An Implementation Plan will be developed by the state, the plaintiffs, and the Independent Monitor to accomplish the obligations and objectives set forth in the Consent Decree.
The agreement actually will relieve some of the state’s financial burden created by housing individuals in IMDs, which are entirely supported by state funding. Moreover, the state will now be eligible to receive federal Medicaid reimbursements for medications and health care when an individual is receiving those services in a community-based setting. Cost savings by the state could be more than $50 million over the next few years by transitioning residents from IMDs into the community.

Joel L. Rubin, MSW, CAE, has served as executive director of the 7,000 member Illinois Chapter of the National Association of Social Workers (NASW) since October 1999. He has over twenty-five years of nonprofit management and fundraising experience including extensive work with boards of directors, committees and volunteers, and advocacy around a wide variety of social work, human service, and international political issues. Joel is a graduate of the Wexner Heritage Fellowship Leadership Program and a current adjunct professor at the University of Illinois at Chicago Jane Addams College of Social Work as well as Loyola University Chicago School of Social Work.