Current through Register Vol. 48, No. 52, December 27, 2024
To assure that a client's rights are protected and that all
services provided to clients comply with the law, all providers under this Part
shall ensure that:
a) A client's
rights shall be protected in accordance with Chapter 2 of the Mental Health and
Developmental Disabilities Code [ 405 ILCS 5 ].
b) The right of a client to confidentiality
shall be governed by the Mental Health and Developmental Disabilities
Confidentiality Act and the federal Health Insurance Portability and
Accountability Act of 1996.
c)
Staff shall inform the client upon intake and annually of the following:
1) The rights in accordance with subsections
(a) and (b);
2) The right to
contact the Illinois Guardianship and Advocacy Commission and Equip for
Equality, Inc. The provider shall offer assistance to a client in contacting
these groups, giving each client the address and telephone number of the
Guardianship and Advocacy Commission and Equip for Equality, Inc.;
3) The right to be free from abuse, neglect
and exploitation;
4) The right to
be provided mental health services in the least restrictive setting;
5) The client's right or the guardian's right
to present grievances up to and including the provider's Executive Director or
comparable position. The client or guardian will be informed of how his or her
grievances will be handled at the provider level. A record of, and the response
to, those grievances shall be maintained by the provider. The Executive
Director's decision on the grievance shall constitute a final administrative
decision (except when the decisions are reviewable by the provider's governing
board, in which case the governing board's decision is the final authority at
the provider level);
6) The right
not to have services reduced, denied, suspended or terminated for exercising
any rights;
7) The right to contact
the public payer or its designee and to be informed of the public payer's
process for reviewing grievances;
8) The right to have disabilities
accommodated as required by the Americans With Disabilities Act, section 504 of
the Rehabilitation Act and the Human Rights Act [ 775 ILCS 5 ]; and
9) The right to contact HFS or its designee
and to be informed by HFS or its designee of the client's healthcare benefit
and the process for reviewing grievances.
d) The sharing of information consistent with
this Section shall be communicated in a language or a method of communication
that the client understands. Documentation that this information was shared in
that manner shall be noted in the clinical record.
