Section 146.250 Resident Rights

Section 146

TITLE 89: SOCIAL SERVICES

CHAPTER I: DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES

SUBCHAPTER d: MEDICAL PROGRAMS

PART 146 SPECIALIZED HEALTH CARE DELIVERY SYSTEMS

SECTION 146.250 RESIDENT RIGHTS

Section 146.250  Resident

Rights

a)         Residents shall be afforded all rights guaranteed under the

Constitutions of the United States and the State of Illinois, federal, State

and local statutes and the Department's administrative rules.

b)         Residents shall be informed of all rights in conjunction with

any contracted housing and services.

c)         Department

posters with the phone number of the Department's Complaint Hotline shall be

posted on each floor of the SLF in a location accessible to all residents.

Department brochures providing resident rights and phone number to the

Complaint Hotline shall be made available to all residents and their families or

designated representatives.

d)         Long

Term Care Ombudsman Program posters provided by the ombudsman shall be posted

on each floor of the SLF in a location accessible to all residents.

e)         Each resident shall have the right to:

1)         Be free from mental, emotional, social, and physical abuse and

neglect and exploitation;

2)         All housing and services for which he or she has contracted

and paid;

3)         Have his or her records kept confidential and released only

with his or her consent or in accordance with applicable law;

4)         Have access to his or her records with 48 hours notice

(excluding weekends and holidays);

5)         Have his or her privacy respected;

6)         Refuse to receive or participate in any service or activity

once the potential consequences of refusal have been explained to the resident

and the resident's designated representative, if requested by the resident

ance with applicable law;

4)         Have access to his or her records with 48 hours notice

(excluding weekends and holidays);

5)         Have his or her privacy respected;

6)         Refuse to receive or participate in any service or activity

once the potential consequences of refusal have been explained to the resident

and the resident's designated representative, if requested by the resident.  Refusal

shall be documented in the service plan and reviewed no less than quarterly;

7)         Arrange and receive non-Medicaid covered services not

available from the contracted SLF service provider at the resident's expense so

long as the resident does not violate conditions specified in the resident

contract;

8)         Remain in the SLF, forgoing recommended or needed services

from the SLF or available from others.  A resident electing to remain without

recommended or needed services shall acknowledge that the decision was made

against the advice of the SLF, family or health care professional and shall

indemnify the SLF from any liability resulting from adverse outcomes

specifically associated with the decision to forgo recommended service.  The

SLF shall retain the right to advise a resident that the right to remain in

place is restricted, as explicitly stated in the resident contract.  Such

indemnity agreements shall be specific to the assumed risk negotiated and do

not waive general obligations of providers;

9)         Be free of physical restraints;

10)         Control his or her time, space, and lifestyle to the extent

the health, safety and well-being of others are not disturbed;

11)         Consume alcohol and use tobacco in accordance with SLF policy

specified in the resident contract and any applicable statutes;

12)         Have visitors of his or her choice to the extent the health,

safety and well-being of others are not disturbed and the provisions of the

resident contracts are upheld;

13)         Have roommates only by resident choice;

14)         Be treated at all times with courtes

lcohol and use tobacco in accordance with SLF policy

specified in the resident contract and any applicable statutes;

12)         Have visitors of his or her choice to the extent the health,

safety and well-being of others are not disturbed and the provisions of the

resident contracts are upheld;

13)         Have roommates only by resident choice;

14)         Be treated at all times with courtesy, respect and full

recognition of personal dignity and individuality;

15)         Make and act upon decisions (except those decisions delegated

to a legal guardian) so long as the health, safety and well-being of others are

not endangered by his or her actions;

16)         Participate in the development, implementation and review of

his or her service plans;

17)         Maintain personal possessions to the extent they do not pose

a danger to the health, safety and well-being of the resident and others;

18)         Store and prepare food in his or her apartment to the extent

the health, safety and well-being of the resident and others is not endangered

and provisions of the resident contract are not violated;

19)         Designate or accept a representative to act on his or her

behalf;

20)         Not be required to purchase additional services that are not

part of the resident contract;

21)         Not be charged for additional services unless prior written

notice is given to the resident of the amount of the charge; and

22)         Be

free to file grievances pursuant to Section 146.260 and be free from

retaliation from the SLF.