Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart O - RESIDENT'S RIGHTS › Section 390.3210 - 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 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
and convenient
storage space for the personal property of the resident.
(Section 2-103 of the Act) For the purposes of this subsection, "adequate"
				means storage space that is sufficient to meet the resident's needs and
				"convenient" means easily accessible and closely situated to the resident's
				room.
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,
for example,
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
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 residents' attending physician and so documented in the residents' 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 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 identified resident's next of kin, guardian, 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)
In
				addition, the facility shall:
1)
Immediately notify the Department by telephone of a resident's death
				within 24 hours after the resident's death;
2)
Notify the Department of the death
				of a facility's resident that does not occur in the facility immediately upon
				learning of the death;
3)
Promptly notify the coroner or medical examiner of a resident's death
				in a manner and form to be determined by the Department after consultation with
				the coroner or medical examiner of the county in which the facility is
				located;
4)
Submit
				written notification
to the Department
of the death of a
				resident within 72 hours after the death, including a report of any medication
				errors or other incidents that occurred within 30 days of the resident's
				death.
(Section 2-208(a) of the Act)