Section 390.3210 General

Section 390

Section 390.3210  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 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

rty.  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

trator 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)

o)

The facility shall immediately notify the resident's next

of kin, guardian, or resident representative of any unusual incident, abuse, or

neglect involving the resident. A facility shall immediately notify the Department

by telephone of any unusual incident, abuse, or neglect required to be reported

pursuant to State law or

this Part

s of the

resident's death.

(Section 2-208(a) of the Act)

o)

The facility shall immediately notify the resident's next

of kin, guardian, or resident representative of any unusual incident, abuse, or

neglect involving the resident. A facility shall immediately notify the Department

by telephone of any unusual incident, abuse, or neglect required to be reported

pursuant to State law or

this Part.

In addition to notice to the

Department by telephone, the facility

shall

submit written notification

to

the Department,

of any unusual incident, abuse, or neglect within one day

after the unusual incident, abuse, or neglect within one day after the unusual

incident, abuse, or neglect occurring. For purposes of this

Section, "

unusual

incident" means serious injury; unscheduled hospital visit for treatment

of serious injury; 9-1-1 calls for emergency services directly relating to a

resident threat; or stalking of staff or person served that raises health or

safety concerns.

(Section 2-208(b) of the Act)

p)

A facility's failure to comply with requirements of

this

Section

shall constitute a Type "B" violation.

(Section

2-208(a) of the Act)

q)

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)

r)

No identification wristlets shall be employed except as

ordered by a physician who documents the need for such mandatory identification

in the resident's clinical record.  When identification bracelets are required,

they

shall

identify the resident's name, and the name and address of the

facility issuing the identification wristlet

unwilling or unable to correct.

(Section 3-501 of the Act)

r)

No identification wristlets shall be employed except as

ordered by a physician who documents the need for such mandatory identification

in the resident's clinical record.  When identification bracelets are required,

they

shall

identify the resident's name, and the name and address of the

facility issuing the identification wristlet.

(Section 2-106a of the Act)