Memorialization of Corrective Actions through Expedited Complaint Resolution Process for Individual Complaint Between the U.S. Department of Health and Human Services Office for Civil Rights & Illinois Department of Human Services

Complaint # 23-528016

1. Introduction and Background
   1. The purpose of this Memorialization of Corrective Action is to set forth the corrective actions that the Illinois Department of Human Services (“IDHS”) has put in place to resolve a complaint filed with the United States Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) through OCR’s Expedited Complaint Resolution process (“ECR”) and to establish a monitoring period to ensure that the corrective actions continue and address any issues that may arise.
   2. OCR received complaint # 23-528016 (“the complaint”) from Equip for Equality, on behalf of REDACTED, alleging IDHS discriminated against him on the basis of disability by failing to provide him with an adequate placement and sufficient services in the community, resulting in his institutionalization at a State Operated Developmental Center (“SODC”) since September 2022.
   3. Pursuant to Section 504 of the Rehabilitation Act of 1973 (“Section 504”), 29 U.S.C. § 794, and its implementing regulations at 45 C.F.R. Part 84; Section 1557 of the Affordable Care Act, (“Section 1557”) Act, 42 U.S.C. § 18116 and its implementing regulations at 45 C.F.R. Part 92; and Title II of the Americans with Disabilities Act (“ADA”) of 1990, 42 U.S.C. § 12132, and its implementing regulations at 45 C.F.R. Part 92, covered entities are obligated to provide services in the most integrated setting appropriate to an individual with disabilities.
   4. As a recipient of Federal financial assistance from HHS, IDHS is a covered entity and is obliged to comply with Section 504 and Section 1557 and, as a state entity, is required to comply with Title II of the ADA.
   5. On May 5, 2023, OCR initiated an investigation into the above-mentioned complaint under Section 504, Section 1557, and Title II. On July 28, 2023, OCR paused the investigation and initiated the ECR process.
   6. ECR meetings were held with IDHS, Equip for Equality, and OCR on August 9, 2023, August 18, 2023, August 25, 2023, September 1, 2023, September 8, 2023, October 20, 2023, and November 3, 2023.
   7. On August 9, 2023, an ECR meeting was held in which IDHS agreed to follow up on referral packets previously sent state-wide in Illinois to find a provider willing to accept REDACTED in a community-based setting.
   8. On August 18, 2023, an ECR meeting was held in which IDHS agreed to extend the focus on providers within a 90-minute drive from REDACTED mother’s home. IDHS also agreed that funding for a provider in this case would not be an issue.
   9. On August 25, 2023, an ECR meeting was held in which IDHS agreed to review and revise the referral packet for REDACTED to remove pejorative information and instead highlight his strengths.
   10. On September 1, 2023, an ECR meeting was held in which IDHS identified a provider, REDACTED willing to set up a home for REDACTED and another individual.
   11. On September 8, 2023, an ECR meeting was held in which IDHS confirmed REDACTED purchased a home in the REDACTED area for REDACTED where he would reside with a housemate. IDHS agreed to move REDACTED into the home as soon as possible.
   12. On October 20, 2023, an ECR meeting was held in which IDHS confirmed that the Office of State Fire Marshal property inspection was holding up the move. IDHS agreed to engage the Fire Marshal to help speed up the process.
   13. On November 3, 2023, an ECR meeting was held in which IDHS confirmed the Fire Marshal inspection was completed and the logistics of REDACTED move to the house were being arranged. IDHS agreed to provide the move-in date to OCR when it was known.
   14. On November 8, 2023, IDHS notified OCR that REDACTED would be moving in on November 13, 2023.
   15. On December 20, 2023, OCR was notified about issues REDACTED was experiencing adjusting to his new home. Based on subsequent ECR meetings on January 19, February 15, and March 21, 2024, IDHS took additional steps to ensure adequate staffing and staff training to meet REDACTED behavioral health needs.
   16. On June 20, 2024, an ECR meeting was held in which IDHS confirmed that it worked through transitional challenges to stabilize REDACTED in his new integrated home setting with REDACTED. Additional staff training was provided to ensure the safety of REDACTED and his caregivers.
   17. The combination of IDHS actions ensured that REDACTED found satisfactory community placement with services to meet the totality of his needs. As of August 8, 2024, Equip for Equality has confirmed that the services at issue in this complaint are in place and stabilized for REDACTED.
   18. IDHS has worked cooperatively with OCR, Equip for Equality, and REDACTED throughout this matter and is continuing to ensure his needs are met.
   19. The Parties voluntarily agree to resolve the complaint by memorializing the corrective actions IDHS has taken together with a monitoring period of 12 months during which OCR will monitor the provision of services REDACTED receives through the Illinois Adults with Developmental Disabilities Waiver to ensure that he continues to receive adequate services necessary for him to remain in the most integrated setting in his community.
   20. This Memorialization of Corrective Actions is not an admission of liability by IDHS regarding the allegations in the complaint.
2. General Terms
   1. This Memorialization of Corrective Actions resolves OCR Complaint # 23-528016 and is limited to the facts and issues presented in the complaint. It does not replace IDHS’ continuing obligation to comply with Section 504, Section 1557, and Title II and all other federal laws and applicable regulations or preclude OCR from taking appropriate action to evaluate IDHS compliance with laws enforced by OCR.
   2. If at any time OCR believes that IDHS or any of its components has failed to comply in a timely manner with any obligation under this Memorialization of Corrective Actions, OCR may issue IDHS a notice of alleged non-compliance and will provide a reasonable opportunity of no less than seven calendar days to respond.
   3. This Memorialization of Corrective Action is a public document that will be available on OCR’s public website and upon request by any individual with appropriate redactions to protect personally identifiable information.
3. Specific IDHS Commitments
   1. IDHS will continue to ensure that REDACTED receives adequate services to meet his needs, including routine medical and dental care. IDHS will work with REDACTED, REDACTED and his mother, and Equip for Equality to achieve this.
   2. IDHS will continue to work on improving the IDHS referral process for individuals receiving waiver services, including but not limited to more provider targeted and more geographically expansive referrals, increased follow up, face-to-face referrals, and giving more careful consideration to the information contained in the referral solicitation to focus on positive aspects.
4. Mechanism for Reporting Concerns to Illinois IHFS
   1. IDHS will designate IDHS Deputy Director, Policy, Strategic Planning, and Licensure Joy Decker as the point of contact to receive and resolve any issues REDACTED encounters with the provision of services, he receives through Illinois’ Adults with Developmental Disabilities Waiver. In the event REDACTED is not satisfied with the resolution, he can elevate his concerns to Tonya Piephoff, IDHS Director.
   2. IDHS will report to Equip for Equality and OCR any actions taken to address any issues REDACTED raises.
5. Monitoring and Reporting
   1. IDHS will provide monthly written confirmation by the last day of each month during the monitoring period that the services outlined in this Memorialization of Corrective Actions remain in place and any new issues are addressed. Further, during the monitoring period, the Complainant may report to OCR any concerns related to the provision of adequate services under his self-directed plan. A finding of non-compliance may extend the twelve-month monitoring period.
   2. IDHS will continue to work to ensure that REDACTED receives adequate dental and medical care in the community and that he has both dental and medical in- person appointments scheduled by November 1, 2024.
   3. IDHS will provide OCR with written confirmation of the dental and medical appointments as soon as they are scheduled as well as after REDACTED attends his appointments.
   4. IDHS will notify OCR in writing by November 1, 2024, all steps it has taken to ensure that REDACTED receives adequate dental and medical care.
6. Effective Date and Monitoring Period
   1. The effective date of this Memorialization of Corrective Actions is October 31, 2024. This Memorialization of Corrective Actions will continue for a monitoring period for twelve months from the date that REDACTED has his first dental and medical in- person appointment.

For the Illinois Department of Human Services, Division of Developmental Disabilities

/s/
Tonya Piephoff
Director

/s/
Meg Cooch
Chief of Staff

/s/
Joy Decker
Deputy Director, Policy, Strategic
Planning, and Licensure

For the United States Department of Health and Human Services, Office for Civil Rights

/s/
Robinsue Frohboese, J.D., Ph.D.
Deputy Director, Strategic Planning

/s/
Mordecai Simha, J.D.
Senior Manager, Olmstead and Community
Integration Section, Strategic Planning Division

/s/
Amelia Colomb, J.D.
Olmstead and Community Integration Section
Enforcement Analyst, Strategic Planning Division

/s/
Caleb Lutz, J.D.
Olmstead and Community Integration Section
Enforcement Analyst, Strategic Planning Division