Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 270 - SUBACUTE CARE HOSPITAL DEMONSTRATION PROGRAM CODE › Section 270.2000 - Patient's Rights

Current through Register Vol. 48, No. 28, July 12, 2024
a) A patient
			 shall not be deprived of any rights, benefits, or privileges guaranteed by law
			 based solely on his/her status as a patient of the facility.
b) A patient shall be permitted to retain and
			 use or wear his/her personal property in his/her immediate living quarters
			 unless deemed medically inappropriate or socially disruptive by a physician and
			 so documented in the patient's record.
c) The facility shall provide a means of
			 safeguarding small items of value for the patients in their rooms or in any
			 other part of the facility, so long as the patient has daily access to such
			 valuables.
d) The facility shall
			 make reasonable efforts to prevent loss and theft of patients' property. The
			 facility shall develop procedures for investigating complaints concerning theft
			 of patients' property and shall promptly investigate all such
			 complaints.
e) Children under 16
			 years of age who are related to employees or volunteers of a facility, and who
			 are not themselves employees/volunteers 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.
f) A
			 patient shall be permitted the free exercise of religion. Upon a patient's
			 request, and if necessary at his/her expense, the facility management shall
			 make arrangements for a patient's attendance at religious services of the
			 patient's choice. However, no religious beliefs or practices, or attendance at
			 religious services, may be imposed upon any patient.
g) The facility shall encourage and not
			 prohibit a patient's right to vote in person or by absentee ballot in all
			 elections.
h) The facility shall
			 notify the patient's representative whenever the patient suffers from a sudden
			 illness or accident, or if and when unexplained absences occur.
i) A patient may not be transferred,
			 discharged, evicted, harassed, dismissed or retaliated against for filing a
			 complaint or providing information concerning a complaint against the
			 facility.
j) A patient shall be
			 permitted to retain the services of his/her own personal physician at his/her
			 own expense under an individual or group plan of health insurance, or under any
			 public or private assistance program providing such coverage.
k) All patients shall be permitted to obtain
			 from their own physicians, or the physicians retained by the facility, complete
			 and current information concerning his/her medical diagnosis, treatment and
			 prognosis in terms and language the patient can reasonably be expected to
			 understand.
l) No patient shall be
			 subjected to experimental research or treatment without first obtaining his/her
			 informed, written consent. The experimental research/treatment shall be part of
			 the patient's comprehensive care plan.
m) Every patient shall be permitted to refuse
			 medical treatment and to know the consequences of such action.
n) Every patient or patient's representative
			 shall be permitted to inspect and copy all of the patient's clinical and other
			 records concerning the patient's care and maintenance kept by the facility or
			 by the patient's physician.
o) All
			 patients shall be permitted respect and privacy in their medical and personal
			 care program. Every patient's case discussion, consultation, examination and
			 treatment shall be confidential and shall be conducted discreetly. Those
			 persons not directly involved in the patient's care must have the patient's
			 permission to be present.
p)
			 Neither physical restraints nor confinements shall be employed for the purpose
			 of punishment or for the convenience of any facility personnel or volunteer. No
			 physical restraints or confinements shall be employed except as ordered by a
			 physician who documents the need for such restraints or confinements in the
			 patient's comprehensive care plan and medical plan of care.
q) Restraints shall be used only upon written
			 order of the attending physician and for the safety and security of the
			 patients.
r) The reasons for
			 ordering and using restraints shall be recorded in the patient's comprehensive
			 care plan and medical plan of care. The recordings shall contain ongoing
			 evaluations of the need for the restraints and the measures being taken to
			 reduce or eliminate the need for the use of restraints.
s) No patient shall be restrained, confined,
			 or subjected to adverse stimuli for the purpose of behavior modification unless
			 and until the informed consent of the patient or patient representative has
			 been obtained.
t) Restraints and
			 confinements may be employed only when necessary to prevent a patient from
			 injuring himself/herself or others. The physician's written authorization shall
			 specify the precise time periods and conditions in which any restraints or
			 confinements shall be employed.
u)
			 No chemical, medication or tranquilizer shall be employed by a facility as a
			 restraint or confinement in lieu of, or in addition to, any physical restraint
			 or confinement. Such chemicals, medications or tranquilizers may only be
			 employed as part of a duly prescribed therapeutic medical treatment program
			 authorized by the patient's physician and documented in the patient's
			 comprehensive care plan and medical plan of care.
v) Every patient shall be permitted
			 unimpeded, private and uncensored communication of his/her choice by mail and
			 public telephone. The facility shall ensure that correspondence is promptly
			 received and mailed and that telephones are reasonably accessible.
w) The facility management shall ensure that
			 patients may have private visits at any reasonable hour unless such visits are
			 not medically advisable for the patient as documented in the patient's
			 comprehensive care plan by the patient's physician. The facility shall allow
			 daily visiting. Visiting hours shall be posted in plain view of visitors. The
			 facility management shall ensure that space for visits is available and that
			 facility personnel knock, except in an emergency, before entering any patient's
			 room.
x) 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 patient or any facility if the purpose of such agency,
			 program or organization includes rendering assistance to patients without
			 charge, but only if there is neither a commercial purpose nor effect to such
			 access and if the purpose is to do any of the following:
1) Visit, talk with and make personal,
			 social, and legal services available to all patients;
2) Inform patients 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
			 patients;
3) Assist patients 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 patients are aggrieved. Assistance may include counseling and litigation;
			 or
4) Engage in other methods of
			 asserting, advising and representing patients so as to extend to them full
			 enjoyment of their rights.