Consent Decree Fact Sheet
Respect for yesterday. Support for today. Hope for tomorrow
The Illinois Department of Human Services (IDHS) is the State Agency that leads the Colbert and Williams Program. Other State Agencies involved are the Illinois Department of Healthcare and Family Services, Illinois Department on Aging, Illinois Department of Public Health and the Illinois Housing Development Authority.
Colbert Consent Decree
The Colbert Consent Decree is the largest of three Olmstead settlements in Illinois. There are nearly 20,000 Colbert Class Members in Cook County. The Colbert v. Pritzker lawsuit claimed that people were living in nursing homes in Cook County, when they could live in the community, which violates the Americans with Disabilities Act and the Rehabilitation Act. Through this settlement and ongoing Consent Decree, the State agreed to provide supports and services to help Class Members move to and live in the community, in the most integrated setting that meets their needs.
Williams Consent Decree
The Williams Consent Decree is another of the three Olmstead settlements in Illinois. There are over 4,000 Williams Class Members. The Williams v. Pritzker lawsuit claimed that people with serious mental illness were living in specialized facilities, when they could live in the community., which violates the Americans with Disabilities Act and the Rehabilitation Act (laws that protect against discrimination of disabled people). These facilities are called Specialized Mental Health Rehabilitation Facilities (SMHRFs) and used to be called Institutes for Mental Disease (IMDs). Through this settlement and ongoing Consent Decree, the State agreed to provide supports and services to help Class
Outreach and Education
- Outreach is conducted by the entity known as Maximus. Maximus partners with the State of Illinois Department of Healthcare and Family Services. Outreach visits is where someone provides education and information to Colbert and Williams Consent Decrees Class Members) on their rights to transition from a Cook County Nursing Facilities or Specialized Mental Health Rehabilitation Facilities (SMHRFS).
Referrals
- Each Cook County nursing facility or SMHRF works with a transition entity to help the Class Member transition from the facility after Maximus completes the outreach and assessment. To be in the program, please contact the Illinois Helpdesk at Maximus, 833-727-7745, select option #4 or by email, ILOA@maximus.com. This can be done by a Class Member, family, friend, or other people.
Assessment
- Assessments are done by specially trained staff at Maximus. For those interested in transition, a needs assessment will be conducted by a Maximus assessor. The Class Member's preferences, strengths, and functional needs will be evaluated to determine the level of service and support they may need to successfully transition to the community. As a Class Member, one may decide to not be assessed. The Class Member can change their mind at any time and later request to be assessed. For more information on the assessment process, please contact the Illinois Helpdesk at Maximus, 833-727-7745, select option #4 or by email, ILOA@maximus.com.
Care Management
- Once a Class Member is recommended to move into the community, a Care Manager makes a Service Plan to identify the Class Member's needs, wants, and goals, and the services and supports they will need. The Care Manager works with the Class Member in making the Service Plan, and also involves family or other people the Class Member wants to include.
- The Care Manager works with facility staff and other providers to do the activities in the Service Plan and move the Class Member into the community.
- After the Class Member moves, the Care Manager stays involved. The Care Manager coordinates services, makes sure they are getting good care, building skills, and helps make sure they are safe. The Care Manager does these things in person or by phone.
- Other agency workers may also be involved after the Class Member moves to the community.
Housing Resources
- IDHS works with other agencies to find and develop many types of housing that meet the needs of Colbert and Williams Class Members.
- Class Members are linked to a Care Management agency. This agency may work with someone else to help find housing. This might be a housing locator agency or a Community Mental Health Center.
- Housing staff work with the Class Member to:
- Find and apply for housing where they want to live;
- Get housing-related supports and services; and
- Manage and use transition funds.
Transition funds are used to pay for things needed to start a home. This includes security deposits, application fees, the start-up of utilities, and other needed items or services.
- Class Members can get accessibility help if they need it. This includes equipment or changes to their home to help them be independent and safe in the community.
- Class Members can get Bridge Subsidies if they need help to pay rent. Class Members who get subsidies may pay up to 30% of their income for rent.
Important Notice
Class Members who participate in Colbert/Williams activities keep all of their rights and services.
Facility staff cannot:
- take actions against Class Members when they participate in Williams/Colbert activities; or
- pressure Class Members to stay in the facility or not participate in Williams/Colbert activities.
Class Members can report retaliation, discrimination, or other similar actions to their Colbert/Williams staff, the facility's assigned Ombudsman, or the Illinois Department of Public Health Nursing Home Hotline (1-800-252-4343).
