Section 132.142  Clients' Rights

To assure that a client's rights are protected and that all services provided to clients comply with the law, providers 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 Confidentiality Act and the Health Insurance Portability and Accountability Act of 1996.

c)         Justification for restriction of a client's rights under the statutes cited in subsections (a) and (b) shall be documented in the client's clinical record.  In addition, the client affected by such restriction, his or her parent or guardian and any agency designated by the client pursuant to subsection (d)(2) shall be notified of the restriction.

d)         Staff shall inform the client prior to evaluation services of the following:

1)         The rights in accordance with subsections (a), (b) and (c);

2)         The right to contact the Guardianship and Advocacy Commission and Equip for Equality, Inc.  Staff 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 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 on how his or her grievances will be handled at the provider level.  A record of such grievances 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 such 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 be denied, suspended or terminated from services or have services reduced for exercising any rights; and

7)         The right to contact the public payer or its designee and to be informed of the public payer's process for reviewing grievances.

e)         The information in subsection (d) shall be explained using language or a method of communication that the client understands and documentation of such explanation shall be placed in the clinical record.

(Source:  Amended at 32 Ill. Reg. 9981, effective July 1, 2008)