Ill. Admin. Code tit. 77, § 300.3210 - 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 or her 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 storage space for the personal property of the resident.
(Section 2-103 of the Act)
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 their 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 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 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 or her 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.
n)
The facility shall immediately
notify the resident's next of kin, representative and physician of the
resident's death or when the resident's death appears to be imminent.
(Section 2-208 of the Act)
o) The
facility shall also immediately notify the resident's family, guardian,
representative, conservator, and any private or public agency financially
responsible for the resident's care whenever unusual circumstances such as
accidents, sudden illness, disease, unexplained absences, extraordinary
resident charges, billings, or related administrative matters arise.
p)
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)
q)
An identification
wristlet may be employed for any resident upon a physician's order, which shall
document the need for the identification wristlet in the resident's clinical
record. Nothing in this Section prohibits a facility from allowing any
resident who requests an identification wristlet from having one. A facility
may provide an identification wristlet to any resident if requested by the
resident.
r)
A facility may
require a resident residing in an Alzheimer's disease unit, as defined
in Subpart U, with a history of wandering to wear an identification
wristlet, unless the resident's guardian or power of attorney directs that the
wristlet be removed.
s)
All identification wristlets shall include, at a minimum, the
resident's name and the name, telephone number, and address of the facility
issuing the identification wristlet. (Section 2-106a of the
Act)
t) The facility shall ensure
that residents are not subjected to physical, verbal, sexual or psychological
abuse, neglect, exploitation, or misappropriation of property.
u) Cook County facilities with Colbert Class
Members shall provide residents access to the supports and services they need
in the most integrated settings appropriate to their needs, including
community-based settings, to promote and maximize their independence, choice,
and opportunities to develop and use independent living skills. For the
purposes of this subsection (u), "community-based setting" means the most
integrated setting appropriate to promote the resident's independence in daily
living and ability to interact with persons without disabilities to the fullest
extent possible.
v) All Cook County
facilities with Colbert Class Members shall provide educational materials and
information to all newly admitted Colbert Class Members within one to three
days of admission, informing them of their rights and services under the
Colbert Consent Decree, as prescribed by the Colbert Lead Defendant Agency. All
Cook County facilities shall provide verification that the educational
materials and information were given to the Colbert Class Members, as requested
by a Colbert Defendant Agency.
Notes
Amended at 17 Ill. Reg. 19279, effective October 26, 1993
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