Section 390.3250 Communication and Visitation

Section 390

Section 390.3250  Communication

and Visitation

a)

Every resident shall be permitted unimpeded, private and

uncensored communication of his choice by mail, public telephone or visitation.

(Section 2-108 of the Act)

b)

The facility administrator shall ensure that correspondence

is conveniently received and mailed, and that telephones are reasonably

accessible.

(Section 2-108(a) of the Act)

c)

The facility administrator shall ensure that residents may

have private visits at any reasonable hour unless such visits are not medically

advisable for the resident as documented in the resident's clinical record by

the resident's physician.

(Section 2-108(a) of the Act)

d)         The facility shall allow daily visiting between 10 A.M. and 8

P.M. These visiting hours shall be posted in plain view of visitors.

e)

The facility administrator shall ensure that space for

visits is available and that facility personnel knock, except in an emergency,

before entering any resident's room.

(Section 2-108(c) of the Act)

f)

Unimpeded, private and uncensored communication by mail,

public telephone, and visitation may be reasonably restricted by a physician

only in order to protect the resident or others from harm, harassment or

intimidation provided that the reason for any such restriction is placed in the

resident's clinical record by the physician and that notice of such restriction

shall be given to all residents upon admission.

(Section 2-108(d) of the

Act)

g)         Notwithstanding subsection (f) above,

all letters addressed

by a resident to the Governor, members of the General Assembly, Attorney

General, judges, state's attorneys, officers of the Department, or licensed

attorneys at law shall be forwarded at once to the persons to whom they are addressed

without examination by facility personnel. Letters in reply from the officials

and attorneys mentioned above shall be delivered to the recipient without examination

by facility personnel

nor, members of the General Assembly, Attorney

General, judges, state's attorneys, officers of the Department, or licensed

attorneys at law shall be forwarded at once to the persons to whom they are addressed

without examination by facility personnel. Letters in reply from the officials

and attorneys mentioned above shall be delivered to the recipient without examination

by facility personnel.

(Section 2-108(d) of the Act)

h)

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 resident of any facility, if the purpose of such agency, program or

organization includes rendering assistance to residents without charge, but

only if there is neither a commercial purpose nor affect to such access and if

the purpose is to do any other than the following:

1)         Visit, talk with and make personal, social, and legal

services available to all residents;

2)         Inform residents 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 residents;

3)         Assist residents 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 residents are aggrieved. Assistance

may include counseling and litigation; or

4)         Engage in other methods of asserting, advising and

representing residents so as to extend to them full enjoyment of their rights.

(Section 2-110(a) of the Act)

i)

No visitor shall enter the immediate living area of any

resident without first identifying himself and then receiving permission from

the resident to enter. The rights of other residents present in the room shall

be respected

Engage in other methods of asserting, advising and

representing residents so as to extend to them full enjoyment of their rights.

(Section 2-110(a) of the Act)

i)

No visitor shall enter the immediate living area of any

resident without first identifying himself and then receiving permission from

the resident to enter. The rights of other residents present in the room shall

be respected.

(B) (Section 2-110(b) of the Act)

j)

A resident may terminate at any time a visit by a person

having access to the resident's living area.

(Section 2-110(b) of the Act)