Section 350.3210 General

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Section 350.3210  General

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

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

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

fication 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)