TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 115 STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS
SECTION 115.250 INDIVIDUAL RIGHTS AND CONFIDENTIALITY


 

Section 115.250  Individual rights and confidentiality

 

To ensure that individuals' rights are protected and that all services provided to individuals comply with the law, agencies licensed to certify CILAs shall assure that a written statement, in a language the individual understands, is given to each individual and guardian specifying the individual's rights.  All individuals enrolled in the Medicaid DD Waiver shall be given a written copy of DHS Medicaid Home and Community-Based Services DD Waiver, Rights of Individuals.

 

a)         Employees shall inform individuals entering a CILA program of the following:

 

1)         The rights of individuals shall be protected in accordance with Chapter II of the Code except that the use of seclusion will not be permitted.

 

2)         The right of individuals to confidentiality shall be governed by the Confidentiality Act.

 

3)         Their rights to remain in a CILA unless the individuals voluntarily withdraw or meet the criteria set forth in Section 115.215.

 

4)         Their right to contact the Guardianship and Advocacy Commission, Equip for Equality, Inc., the Department's Office of Inspector General, the agency's human rights committee and the Department.  Employees shall offer assistance to individuals in contacting these groups giving each individual the address and telephone number of the Guardianship and Advocacy Commission, the Department's Office of Inspector General, the Department, and Equip for Equality, Inc.

 

5)         Every individual receiving CILA services has the right to be free from abuse and neglect.

 

6)         Individuals or guardians shall be permitted to purchase and use the services of private physicians and other mental health and developmental disabilities professionals of their choice, which shall be documented in the services plan.

 

b)         Employee advisement of the individual's rights and justification for any restriction of individual rights shall be documented in the individual's record.

 

c)         Individuals or guardians shall be permitted to present grievances and to appeal adverse decisions of the agency and other service providers up to and including the authorized agency representative.  The agency representative's decision on the grievance shall be subject to review in accordance with the Administrative Review Law [735 ILCS 5/Art. III].  For all individuals enrolled in the Medicaid DD Waiver, their rights to present grievances and to appeal adverse decisions of the agency are detailed in 59 Ill. Adm. Code 120.

 

d)         Individuals shall not be denied, suspended or terminated from services or have services reduced for exercising any of their rights.

 

(Source:  Amended at 23 Ill. Reg. 9791, effective August 13, 1999)