Hospital Ordered to Give Access to EFE

On three occasions, Equip for Equality staff, led by senior attorney Byron Mason, tried to visit the psychiatric ward at Ingalls Memorial Hospital in order to tour the facilities and educate patients about their rights. Each time Ingalls refused access. Equip for Equality filed a federal lawsuit, alleging that Ingalls' refusal violated both the United States Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act) and the Illinois Protection and Advocacy for Mentally Ill Persons Act (PAMIP Act).

In the litigation, Ingalls claimed that Equip for Equality could not access its facilities without meeting one of three conditions: 1) it obtained a court order, 2) it was conducting an investigation, or 3) it received a complaint from a patient. The court rejected Ingalls' position and permanently enjoined it from denying Equip for Equality reasonable access to its psychiatric units. The court held that "EFE is entitled to access to the patients and the facilities at Ingalls for the purpose of performing its monitoring and education functions, despite the lack of a court order, an investigation, or a complaint. The purposes of both the federal acts were thwarted in this case when Ingalls refused to grant EFE any access whatsoever to the inpatient units."

"Equip for Equality's monitoring and education functions help prevent abuse or neglect from occurring," said Byron. "We should not have had to file this lawsuit to gain access, since our statutory access is very clear. We will, however, always be prepared to take whatever steps are necessary to enforce these important rights."

The Court directed the parties to meet and prepare a protocol for when Equip for Equality requests access but lacks a court order, a complaint, or an investigation.

"The broad powers of the state Protection and Advocacy Systems are clearly defined in federal and state law," says Zena Naiditch, President and CEO of Equip for Equality. "We hope this case alerts other private and public health facilities and human service agencies of their obligation to cooperate with Equip for Equality in carrying out its independent oversight and advocacy obligations."

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