Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart P - RESIDENT'S RIGHTS › Section 300.3210 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a)
No
				resident shall be deprived of any rights, benefits, or privileges guaranteed by
				law, the Constitution of the State of Illinois, or the Constitution of the
				United States solely on account of his
or her
status as a
				resident of a facility.
(Section 2-101 of the Act)
b)
A resident shall be permitted to
				retain and use or wear his
or her
personal property in his or
				her immediate living quarters, unless deemed medically inappropriate by a
				physician and so documented in the resident's clinical record
.
				(Section 2-103 of the Act)
c)
If clothing is provided to the resident by the facility, it shall be of
				a proper fit.
(Section 2-103 of the Act)
d)
The facility shall provide
				adequate storage space for the personal property of the resident
.
				(Section 2-103 of the Act)
e)
The facility shall provide a means of safeguarding small items of value
				for its residents in their rooms or in any other part of the facility so long
				as the residents have daily access to their valuables.
(Section 2-103
				of the Act)
f)
The facility
				shall make reasonable efforts to prevent loss and theft of residents' property.
				Those efforts shall be appropriate to the particular facility and may include,
				but are not limited to, staff training and monitoring, labeling property, and
				frequent property inventories.
(Section 2-103 of the Act)
g)
The
facility
shall develop procedures for investigating complaints concerning theft
				of residents' property and shall promptly investigate all complaints.
(Section 2-103 of the Act)
h)
The facility administrator shall ensure that married residents residing
				in the same facility be allowed to reside in the same room within the facility
				unless there is no room available in the facility or it is deemed medically
				inadvisable by the resident
s
' attending physician and so
				documented in the resident
s
' medical records.
(Section 2-108(e) of the Act)
i)
				There shall be no traffic through a resident's room to reach any other area of
				the building.
j) Children under 16
				years of age who are related to employees or owners of a facility, and who are
				not themselves employees of the facility, shall be restricted to quarters
				reserved for family or employee use except during times when such children are
				part of a group visiting the facility as part of a planned program, or similar
				activity.
k)
A resident may
				refuse to perform labor for a facility.
(Section 2-113 of the
				Act)
l)
A resident shall be
				permitted the free exercise of religion. Upon a resident's request, and if
				necessary at his
or her
expense, the facility administrator
				shall make arrangements for a resident's attendance at religious services of
				the resident's choice. However, no religious beliefs or practices, or
				attendance at religious services, may be imposed upon any resident.
(Section 2-109 of the Act)
m) All
				facilities shall comply with the Election Code as it pertains to absentee
				voting for residents of licensed long-term care facilities.
n)
The facility shall immediately
				notify the resident's next of kin, representative and physician of the
				resident's death or when the resident's death appears to be imminent
.
				(Section 2-208 of the Act)
o) The
				facility shall also immediately notify the resident's family, guardian,
				representative, conservator, and any private or public agency financially
				responsible for the resident's care whenever unusual circumstances such as
				accidents, sudden illness, disease, unexplained absences, extraordinary
				resident charges, billings, or related administrative matters arise.
p)
Where a resident, a resident's
				representative or a resident's next of kin believes that an emergency exists
				each of them, collectively or separately, may file a verified petition to the
				circuit court for the county in which the facility is located for an order
				placing the facility under the control of a receiver.
(Section 3-503
				of the Act)
As used in Section 3-503
of the Act
,
				"emergency" means a threat to the health, safety or welfare of a resident that
				the facility is unwilling or unable to correct.
(Section 3-501 of the
				Act)
q)
An identification
				wristlet may be employed for any resident upon a physician's order, which shall
				document the need for the identification wristlet in the resident's clinical
				record.
Nothing in this Section prohibits a facility from allowing any
				resident who requests an identification wristlet from having one. A facility
				may provide an identification wristlet to any resident if requested by the
				resident.
r)
A facility may
				require a resident residing in an Alzheimer's disease unit,
as defined
				in Subpart U,
with a history of wandering to wear an identification
				wristlet, unless the resident's guardian or power of attorney directs that the
				wristlet be removed.
s)
All identification wristlets shall include, at a minimum, the
				resident's name and the name, telephone number, and address of the facility
				issuing the identification wristlet.
(Section 2-106a of the
				Act)
t) The facility shall ensure
				that residents are not subjected to physical, verbal, sexual or psychological
				abuse, neglect, exploitation, or misappropriation of property.
u) Cook County facilities with Colbert Class
				Members shall provide residents access to the supports and services they need
				in the most integrated settings appropriate to their needs, including
				community-based settings, to promote and maximize their independence, choice,
				and opportunities to develop and use independent living skills. For the
				purposes of this subsection (u), "community-based setting" means the most
				integrated setting appropriate to promote the resident's independence in daily
				living and ability to interact with persons without disabilities to the fullest
				extent possible.
v) All Cook County
				facilities with Colbert Class Members shall provide educational materials and
				information to all newly admitted Colbert Class Members within one to three
				days of admission, informing them of their rights and services under the
				Colbert Consent Decree, as prescribed by the Colbert Lead Defendant Agency. All
				Cook County facilities shall provide verification that the educational
				materials and information were given to the Colbert Class Members, as requested
				by a Colbert Defendant Agency.