Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart O - RESIDENT'S RIGHTS › Section 390.3250 - Communication and Visitation

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Every resident shall be permitted unimpeded, private and uncensored
				communication of his choice by mail, public telephone or visitation. (Section
				2-108 of the Act)
b) The facility
				administrator shall ensure that correspondence is conveniently received and
				mailed, and that telephones are reasonably accessible. (Section 2-108(a) of the
				Act)
c) The facility administrator
				shall ensure that residents may have private visits at any reasonable hour
				unless such visits are not medically advisable for the resident as documented
				in the resident's clinical record by the resident's physician. (Section
				2-108(a) of the Act)
d) The
				facility shall allow daily visiting between 10 A.M. and 8 P.M. These visiting
				hours shall be posted in plain view of visitors.
e) The facility administrator shall ensure
				that space for visits is available and that facility personnel knock, except in
				an emergency, before entering any resident's room. (Section 2-108(c) of the
				Act)
f) Unimpeded, private and
				uncensored communication by mail, public telephone, and visitation may be
				reasonably restricted by a physician only in order to protect the resident or
				others from harm, harassment or intimidation provided that the reason for any
				such restriction is placed in the resident's clinical record by the physician
				and that notice of such restriction shall be given to all residents upon
				admission. (Section 2-108(d) of the Act)
g) Notwithstanding subsection (f) above, all
				letters addressed by a resident to the Governor, members of the General
				Assembly, Attorney General, judges, state's attorneys, officers of the
				Department, or licensed attorneys at law shall be forwarded at once to the
				persons to whom they are addressed without examination by facility personnel.
				Letters in reply from the officials and attorneys mentioned above shall be
				delivered to the recipient without examination by facility personnel. (Section
				2-108(d) of the Act)
h) Any
				employee or agent of a public agency, any representative of a community legal
				services program or any member of a community organization shall be permitted
				access at reasonable hours to any individual resident of any facility, if the
				purpose of such agency, program or organization includes rendering assistance
				to residents without charge, but only if there is neither a commercial purpose
				nor affect to such access and if the purpose is to do any other than the
				following:
1) Visit, talk with and make
				personal, social, and legal services available to all residents;
2) Inform residents of their rights and
				entitlements and their corresponding obligations, under federal and State laws,
				by means of educational materials and discussions in groups and with individual
				residents;
3) Assist residents in
				asserting their legal rights regarding claims for public assistance, medical
				assistance and social security benefits, as well as in all other matters in
				which residents are aggrieved. Assistance may include counseling and
				litigation; or
4) Engage in other
				methods of asserting, advising and representing residents so as to extend to
				them full enjoyment of their rights. (Section 2-110(a) of the Act)