Elgin Mental Health Center, like all other Illinois Department of Human Services slave plantations, is accredited as a “hospital” by a private, contracted organization called The Joint Commission (previously, JCAHO).
The following letters are self explanatory.
_______________________________________________________
May 16, 2019
The Joint Commission
One Renaissance Blvd.
Oakbrook Terrace, IL 60181
Re: Elgin Mental Health Center
Dear Sir/Madam:
I am making a formal inquiry into an ongoing situation, prior to possible litigation.
On or around May 9, 2019, patients in Elgin Mental Health Center’s (EMHC’s) Forensic Treatment Program, including several of my clients, were told by administrative staff that all of their electronic devices with cords that plug into wall outlets would be confiscated. The EMHC Administration is apparently saying this is your fault.
These are all items of personal property, not hospital property. As such, the issue becomes one of state and federal constitutional law. The Illinois Mental Health and Developmental Disabilities Code, 405 ILCS 5/1-100 et seq., the Illinois Administrative Code, Title 59, Chapter 1, Part 110, the United States Constitution, Fourth and Fourteenth Amendments, and 42 U.S.C. Section 1983, specify due process protections against deprivations of property, and unreasonable search and seizure. Entities that fail to provide required due process may be liable, as individuals who are deprived without due process may have a cause of action.
I have been dealing with EMHC and individuals housed there for many years. The Administration’s recent assertion that JCAHO is obligating them to confiscate personal property of patients seems suspicious to me. Firstly, it is suspicious because I don’t believe JCAHO does that. Hospital property might well be the subject of JCAHO focus for safety and other reasons, but not individuals’ private property.
Secondly, blaming JCAHO is suspicious here because the justification has changed several times. More than a year ago, my clients were first told that JCAHO’s Official Accreditation Report (OAR) after a July 2017 survey required the removal of all electronic devices with cords. Then in March 2019 it was acknowledged that the OAR did not require any such thing, after all. Rather, the Center for Medicare and Medicaid Services (CMS) had been the source of a memo suggesting that this kind of patient personal property might create a “ligature risk”. This explanation seemed false, given that CMS does not accredit the Forensic Treatment Program, and they specifically define a ligature risk as a structure to which a cord or rope could be attached. Finally this month, JCAHO’s OAR was trotted back out as the real problem; but no one whose rights are at stake, nor any neutral party, may see the OAR to clarify this story.
The EMHC Administration currently protests that they fought vehemently with JCAHO to avoid having to confiscate patients’ property, but they are now obligated.
I am investigating this prior to any further action. Please confirm for me specifically, whether as a result of the July 2017 accreditation survey, JCAHO advised EMHC verbally or in writing to remove from the hospital all patients’ electronic devices with cords. If as I suspect, this did not occur, then obviously no interest would be served by naming JCAHO as a party in any claim.
At the moment no devices have been confiscated. My clients were told such action will be taken beginning July 1, 2019. This is an important issue, considering JCAHO is contracted with the Illinois Department of Human Services, and therefore individuals would potentially be liable for acting under color of state law to violate due process.
I look forward to hearing from your legal counsel at the earliest possible date, to clarify this matter.
Yours truly,
S. Randolph Kretchmar
847-370-5410 (mobile)
Cc: Mr. Sean Gunderson
Dr. Victoria Ingram, Director of Court Services EMHC
DHS General Counsel
____________________________________________________________
August 21, 2019
The Joint Commission
One Renaissance Blvd.
Oakbrook Terrace, IL 60181
Re: Elgin Mental Health Center
Dear Sir/Madam:
This is my second formal inquiry into the same general ongoing situation.
On May 16, 2019, I wrote you about an incident that occurred or around May 9, 2019, when patients in Elgin Mental Health Center’s (EMHC’s) Forensic Treatment Program, were told by administrative staff that their electronic devices would be confiscated and that this was your fault.
Additional items of personal (not hospital) property, in this case bed sheets, are now being confiscated, supposedly because the Joint Commission is requiring it. On Monday, August 19, 2019, at about 12:00 PM, a nurse manager named Cynthia Masters, stationed on N Unit, appeared in the dining room where patients were eating lunch and announced rather brusquely that fitted sheets are considered a ligature risk per the Joint Commission, and therefore by Thursday, 08/22, all patients have to give up any fitted sheets that they possess.
I have been dealing with EMHC and individuals housed there for many years. The assertion that the Joint Commission is obligating the hospital to confiscate personal property of patients remains (as I characterized it in my earlier letter) suspicious. Hospital property might well be a subject of your focus for safety and other reasons, but not individuals’ private property.
I hope you can enlighten me regarding what part, if any, the Joint Commission actually has in this continuing tendency to confiscate patients’ personal property at EMHC.
Yours truly,
S. Randolph Kretchmar
847-370-5410 (mobile)
Cc: Mr. Sean Gunderson
Dr. Victoria Ingram, Director of Court Services EMHC
DHS General Counsel
___________________________________________________________
The following email was finally received on Sept. 25, 2019. Obviously, somebody was lying, and not lying well....
___________________________________________________________
Greetings Mr. Kretchmar:
This email responds to your August 21, 2019 letter to The Joint Commission regarding policies set by Elgin Mental Health Center on ligature risk. Although we have not performed a keyword search of survey reports, to our most recent knowledge, The Joint Commission has not cited any organization for permitting patients to have fitted sheets.
From TJC’s website, here is an FAQ on the topic:
Ligatures and Suicide Risk Reduction - Prohibited items on an Inpatient Psychiatric Unit
Are there specific items that should not be allowed to be brought on an inpatient psychiatric unit ?
No, The Joint Commission does not determine the items to be prohibited from an inpatient psychiatric unit. Items that are prohibited to be brought into organizations, due to the risk of harm to self or others, should be determined by the organization. Compliance of such safety measures is based upon organizational policies/procedures, individual care plans, and applicable state rules or regulations.
This FAQ was also published in the Perspectives® Newsletter, January 2018, Volume 39, Issue 1 - The Official Newsletter of The Joint Commission.
This FAQ was also published in the Perspectives® Newsletter, January 2018, Volume 39, Issue 1 - The Official Newsletter of The Joint Commission.
Kathleen Pankau, JD RN
Senior Assistant General Counsel
The Joint Commission
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