Resident Rights

Section 295 Section 295.6000  Resident Rights 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)