Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart O - RESIDENT'S RIGHTS › Section 350.3210 - 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 such
				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 such complaints.
(Section 2-103 of
				the Act)
h)
The
				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 the 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 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.
n)
A facility shall immediately notify the identified resident's next of
				kin, resident's 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
				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)
Residents and their guardians or
				other resident representatives, if any, shall be notified
, on a form
				provided by the Department,
of any violation of
the
Act or
this Part
pursuant to Section 2-217 of
the
Act, or of violations of the requirements of Titles XVIII or XIX of
				the Social Security Act or rules promulgated thereunder, with respect to the
				health, safety, or welfare of the resident
. (Section 2-115 of the
				Act)
r)
When the Department
				issues any notice pursuant to Section 3-119, 3-119.1, 3-301, 3-303, 3-307, or
				3-702 of
the
Act or a notice of federal Medicaid certification
				deficiencies, the facility shall provide notification of the violations and
				deficiencies within 10 days after receiving a notice described within
				this
subsection (r)
to every resident and the resident's
				representative or guardian identified or referred to anywhere within the
				Department notice or the CMS 2567 as having received care or services that
				violated State or federal standards. The notification shall include a
				Department-prescribed notification letter and a copy of the notice and CMS
				2567, if any, issued by the Department. A facility's failure to provide
				notification pursuant to this Section to a resident and the resident's
				representative or guardian, if any, shall constitute a Type "B"
				violation
. Section 2-217 of the Act)