Week 1: Americans with Disabilities Act and Illinois Mental health Code

Is psychiatric disability recognized as a potentially disabling condition under the ADA?

YES

What does the ADA protect in rights and discrimination against psychiatric disability?

-Employment

-Housing

-Education

-Public Accommodation

-Right to privacy

-Right to accomodation

What is the Illinois Mental Health Code?

-Supports recovery model, community based care

-Protects health information in legal situations

-Protects privileged information to avoid individual not seeking care due to concerns about disclosure

-Describes emergent conditions under which a person can be involuntary hospitalized

-Describes regulations/ethics in the determination of whether an individual is mentally competent to make their own decisions

What are the legal protections to confidentiality in Illinois?

-HIPAA

-Confidentiality may be breached to:

-Protect persons or others from potential violence

-Admit someone to an inpatient unit involuntarily

-Determine competence vs. incompetence

-Meet legal mandated reporting requirements

-For care purposes between healthcare providers

What is involuntary hospitalizations like in illinois?

-Increasingly limited

-Current justifications:

-Danger of physically harming themselves

-Danger of harming themselves by refusing food/self care

-Danger of harming others

-In IL, a 3 day rule applies

-A person must be seen by qualified psychiatric professional within 24 hours

-An individual treatment plan must be recommended, including placement, within 3 days

What is competence in Illinois?

-Individual freedom highly valued in the US legal system for "healthy" people

-Traditionally not valued, or viewed paternalistically, for people with disabilities, including psychiatric disability

-Determined by the judge

-Emergency situations allow health care providers to act on person's behalf (as if persona has been declared incompetent) for lifesaving medical care

How does Illinois determine competence?

-Able to understand the facts of a situation?

-Able to identify likely consequences of their action?

-Able to access necessary supports for care?

-Able to function in the planned living environment

-Able to make the kinds of decisions that they will likely need to make?

-Able to participate in choosing care and/or caregivers?

What is guardianship in Illinois?

-An interested Party petitions the court

-The person for whom guardianship is being sought does not legally have to be informed of the petition

-Guardianship decision is determined by a judge with input from key stakeholders

What is the expectation of recovery with mental illness?

All persons with mental illnesses can recover and participate fully in a life in the community

What are the fundamental tenets of recovery?

-Self direction, strength based, peer supports

-Variability, person-centered, holistic, culture-valued

-Respect and empowerment

What does recovery mean to different people?

-Remission of symptoms

-Participation in family and community life

-Availability of treatment or supports as needed

-Recovery should be patient-centered similar to PT goals

-Combining medication, therapy, and effective treatment in the community helps between 70-90% of persons with psychiatric disability to totally recover from their illness or see marked improvement