Nursing Homes Notification

Bureau of Pharmacy and Clinical Support Services
401 North 4th Street, 1st Floor
Springfield, Illinois 62702

April 29, 2008

Nursing Home Administrators

Re: Changes in Behavioral Health Reporting Requirements

Dear Sir or Madame;

This is to notify you and your organization that the statute covering the reporting, by date and client, of all admissions and discharges from mental health facilities will be changing effective June 1, 2008. The term "mental health facility" as used in PA 95-564 (which refers back to the definition in the Mental Health Code) would include certain nursing homes. Based upon Muellner v. Blessing Hospital (or In Re Muellner) 335 Ill. App. 3d 1079, 782 N.E. 2d 799 (2002) the Illinois Appellate Court indicated that admission to behavioral healthcare units of a nursing home is governed by the Mental Health Code. Thus, based upon that case, it appears that IMD (Institutions of Mental Disease) nursing homes and those with behavioral healthcare units may be covered under PA 95-564 and for that reason, we want to make sure that those entities are aware of the duty to report admissions on those individuals receiving behavioral healthcare. We will expect all qualifying facilities to report on a weekly basis.

To improve the efficacy in the reporting process, an internet based electronic reporting system will replace the current paper / diskette program. In order to streamline this process, we have posted two forms on the website: www.dhs.state.il.us/foid/ , which must be filled out and returned to preregister your organization for access to the electronic system. Each individual who will be an authorized user, on behalf of the facility, must fill out the system Access Request Form. It is imperative that your organization keep us informed of any changes in your facility's primary point of contact for reporting admissions or discharges from any of your inpatient behavioral health units.

The changes in the reporting requirements, as enumerated above, are the direct result of Public Act 095-0564, (740 ILCS 110/12) (from Ch. 91 1/2, par. 812) Section 12 (b):

 "(b) The Department of Human Services (acting as successor to the Department of Mental Health and Developmental Disabilities) and all public or private hospitals and mental health facilities are required, as hereafter described in this subsection, to furnish the Department of State Police only such information as may be required for the sole purpose of determining whether an individual who may be or may have been a patient is disqualified because of that status from receiving or retaining a Firearm Owner's Identification Card.... All public or private hospitals and mental health faciliteis shall, in the form and manner required by the Department (DHS), provide such information as shall be necessary for the Department to comply with the reporting requirements to the Department of State Police. Such information shall be furnished within 7 days after admission to a public or private hospital or mental facility..."

The two forms must be completed and returned to: DHS Bureau of Pharmacy and Clinical Support Services, Firearms Owners Identification Data Section, 401 North 4th Street (first floor), Springfield, Il. 62702 by no later than the 12th of May. We will need the original sent by mail for the security files, but you may fax a copy to us to initiate the registry process, the fax number is (217)-557-7975. This will allow the entry of your facility's point(s) of contact to ensure your facility's ability to meet the mandatory reporting requirements of June 1, 2008. Based upon the data contained within the two documents, your facility's primary point of contact will be informed of end-user training events to assist in the reporting process.

If your facility's behavioral health or information technology section have questions concerning the preregistration forms or other issues relating to the operational transfer of data, please have them contact the DHS FOID section at the following email address DHS.FOID@illinois.gov. The DHS target date for the new website is June 1, 2008. The web address will be www.foid.dhs.illinois.gov

Sincerely,

Randy D. Malan, R.Ph., FASCP

Bureau Chief