Section 390.3210  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 status as a  resident of a facility.  (Section 2-101 of the Act) (A,B)


b)         A resident shall be permitted to retain and  use or wear his personal property in his  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 and  convenient 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 such 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, for example, 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 such 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.  (B)


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 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 (Ill. Rev. Stat. 1991, ch. 46, pars. 1-1 et seq.) [10 ILCS 5] 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.  (B)


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)


(Source:  Amended at 17 Ill. Reg. 19235, effective October 26, 1993)