Illinois Administrative Code
Title 77 - PUBLIC HEALTH
Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE
Subpart F - RESIDENT RIGHTS
Section 295.6000 - Resident Rights
Universal Citation: 77 IL Admin Code ยง 295.6000
Current through Register Vol. 48, No. 12, March 22, 2024
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 an establishment, nor shall a resident forfeit any of the following rights:
1) The right to live in an environment that
promotes and supports each resident's dignity, individuality, independence,
self-determination, privacy, and choice and to be treated with consideration
and respect;
2) The right to
respect for bodily privacy and dignity at all times, especially during care and
treatment;
3) The right to retain
and use personal property, unless such use infringes on the health, safety, or
welfare of other individuals, and a place to store personal items that is
locked and secure;
4) The right to
designate any individual to participate with the resident or in the resident's
name in the development of the written service plan;
5) The right to receive the services
specified in the service plan, to review and renegotiate the service plan at
any time; and to be informed of the cost of the changes;
6) The right to direct his or her own care
and negotiate the terms of his or her own care;
7) The right to refuse services unless such
services are court ordered or the health, safety, or welfare of other
individuals is endangered by the refusal, and to be advised of the consequences
of that refusal;
8) The right to
exercise free choice in selected activities, schedules, and daily
routine;
9) The right to exercise
free choice in selecting a primary care provider, pharmacy, home health
provider, or other service provider and to assume responsibility for any
additional costs incurred as a result of such choices. However, an
establishment may specify how medications are packaged by a pharmacy if the
resident receives administration of medication;
10) The right to request to relocate or
refuse to relocate within the facility based upon the resident's needs,
desires, and availability of such options;
11) The right to the free exercise of
religion and to participate or refuse to participate in religious, social,
recreational, rehabilitative, political or community activities;
12) The right to be free of chemical and
physical restraints;
13) The right
to be free of abuse or neglect or financial exploitation or to refuse to
perform labor;
14) The right to
confidentiality of the resident's medical, financial, or other records. The
release of a record shall be by written consent of the resident or the
resident's representative and shall specify the circumstances under which each
individual record may be released, except as specified by law;
15) The right to privacy in financial and
personal affairs;
16) The right of
access and the right to review and copy the resident's personal files
maintained by the establishment, during normal business hours or at a time
agreed upon by the resident and the establishment;
17) The right to privacy with regard to mail,
phone calls, and visitors;
18) The
right to uncensored access to the State Ombudsman or his or her designee, and
the right to refuse access to a State Ombudsman or Department
reviewer;
19) The right to be free
of retaliation for or constraint from criticizing the establishment or making
complaints to appropriate agencies or any agency or individual;
20) The right to 24 hour access to the
establishment and all common areas of the establishment;
21) The right to a minimum of 30-day notice
of any change in a fee or charge or the availability of a service;
22) The right to a minimum of 90-day notice
of a planned establishment closure;
23) The right to a minimum of 30-day notice
of an involuntary residency termination, except where the resident poses a
threat to himself or others, or in other emergency situations, and the right to
appeal such termination;
24) The
right to a 30-day notice of delinquency and at least 15 days right to cure
delinquency. (Section 95 of the Act)
b) Nothing in this Part is meant to limit a resident's right to choose his or her health care provider. (Section 75(h) of the Act)
Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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