2005 Illinois Code - 210 ILCS 45/ Nursing Home Care Act. Part 1 - Resident Rights
(210 ILCS 45/Art. II Pt. 1 heading)PART 1.
RESIDENT RIGHTS
(210 ILCS 45/2‑101) (from Ch. 111 1/2, par. 4152‑101)
Sec. 2‑101.
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.
(Source: P.A. 81‑223.)
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(210 ILCS 45/2‑101.1) (from Ch. 111 1/2, par. 4152‑101.1)
Sec. 2‑101.1 Spousal Impoverishment.
All new residents and their spouses
shall be informed on admittance of their spousal impoverishment rights
as defined at Section 5‑4 of the Illinois Public Aid
Code, as now or hereafter amended and at Section 303 of Title III of the
Medicare Catastrophic Coverage Act of 1988 (P.L. 100‑360).
(Source: P.A. 86‑410.)
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(210 ILCS 45/2‑102) (from Ch. 111 1/2, par. 4152‑102)
Sec. 2‑102.
A resident shall be permitted to manage his own financial
affairs unless he or his guardian or if the resident is a minor, his parent,
authorizes the administrator of the facility
in writing to manage such resident's financial affairs under Section 2‑201 of this Act.
(Source: P.A. 81‑223.)
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(210 ILCS 45/2‑103) (from Ch. 111 1/2, par. 4152‑103)
Sec. 2‑103.
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. If clothing is provided to the resident by the facility, it shall
be of a proper fit.
The facility shall provide adequate storage space for the personal property
of the resident. 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.
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. The
facility shall develop procedures for investigating complaints concerning
theft of residents' property and shall promptly investigate all such
complaints.
(Source: P.A. 87‑549.)
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(210 ILCS 45/2‑104) (from Ch. 111 1/2, par. 4152‑104)
Sec. 2‑104.
(a) A resident shall be permitted to retain the services
of his own personal physician at his own expense or under an individual or
group plan of health insurance, or under any public or private
assistance program providing such coverage. However, the facility is
not liable for the negligence of any such personal physician. Every
resident shall be permitted to obtain from his own physician or the
physician attached to the facility complete and current information
concerning his medical diagnosis, treatment and prognosis in terms and
language the resident can reasonably be expected to understand. Every
resident shall be permitted to participate in the planning of his total
care and medical treatment to the extent that his condition permits. No
resident shall be subjected to experimental research or treatment
without first obtaining his informed, written consent. The conduct of
any experimental research or treatment shall be authorized and monitored
by an institutional review committee appointed by the administrator of
the facility where such research and treatment is conducted. The
membership, operating procedures and review criteria for institutional
review committees shall be prescribed under rules and regulations of the
Department.
(b) All medical treatment and procedures shall be administered as
ordered by a physician. All new physician orders shall be reviewed by the
facility's director of nursing or charge nurse designee within 24 hours
after such orders have been issued to assure facility compliance with such orders.
According to rules adopted by the Department, every woman resident of
child‑bearing age shall receive routine obstetrical and gynecological
evaluations as well as necessary prenatal care.
(c) Every resident shall be permitted to refuse medical treatment
and to know the consequences of such action, unless such refusal would
be harmful to the health and safety of others and such harm is
documented by a physician in the resident's clinical record. The
resident's refusal shall free the facility from the obligation to
provide the treatment.
(d) Every resident, resident's guardian, or parent if the resident
is a minor shall be permitted to inspect and copy all his clinical and
other records concerning his care and maintenance kept by the facility
or by his physician. The facility may charge a reasonable fee for
duplication of a record.
(Source: P.A. 86‑1013.)
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(210 ILCS 45/2‑104.1) (from Ch. 111 1/2, par. 4152‑104.1)
Sec. 2‑104.1.
Whenever ownership of a private facility is transferred
to another private owner following a final order for a suspension or revocation of the
facility's license, the new owner, if the Department so determines, shall
thoroughly evaluate the condition
and needs of each resident as if each resident were being newly admitted to
the facility. The evaluation shall include a review of the medical record
and the conduct of a physical examination
of each resident which shall be performed
within 30 days after the transfer of ownership.
(Source: P.A. 86‑1013.)
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(210 ILCS 45/2‑104.2)(from Ch. 111 1/2, par. 4152‑104.2)
Sec. 2‑104.2. Do‑Not‑Resuscitate Orders. Every facility licensed under
this Act shall establish a policy for the implementation of physician
orders limiting resuscitation such as those commonly referred to as
"Do‑Not‑Resuscitate" orders. This policy may only prescribe the format,
method of documentation and duration of any physician orders limiting
resuscitation. Any orders under this policy shall be honored by the facility.
The Department of Public Health Uniform DNR Advance Directive or a copy of that Advance Directive
shall be
honored by the facility.
(Source: P.A. 94‑865, eff. 6‑16‑06.)
(210 ILCS 45/2‑105) (from Ch. 111 1/2, par. 4152‑105)
Sec. 2‑105.
A resident shall be permitted respect and privacy in his medical
and personal care program. Every resident's case discussion, consultation,
examination and treatment shall be confidential and shall be conducted discreetly,
and those persons not directly involved in the resident's care must have
his permission to be present.
(Source: P.A. 81‑223.)
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(210 ILCS 45/2‑106)(from Ch. 111 1/2, par. 4152‑106)
Sec. 2‑106. (a) For purposes of this Act, (i) a physical restraint is any
manual method or physical or
mechanical device, material, or equipment attached or adjacent to a
resident's body that the resident cannot remove easily and
restricts
freedom of movement or normal access to one's
body. Devices used for
positioning, including but not limited to bed rails,
gait belts, and cushions, shall not be considered to be restraints for
purposes of this Section;
(ii) a chemical restraint
is
any drug used for discipline or convenience and not required to treat medical
symptoms. The Department shall by rule, designate certain devices as
restraints,
including at least all those devices which have been determined
to be restraints by the United States Department of Health and Human Services
in
interpretive guidelines issued for the purposes of administering Titles 18 and
19 of the Social Security Acts.
(b) Neither restraints nor confinements shall be employed
for the purpose of punishment or for the convenience of any facility personnel.
No restraints or confinements shall be employed except as ordered
by a physician who documents the need for such restraints or confinements
in the
resident's clinical record. Each facility licensed under this Act must have
a written policy to address the use of restraints and seclusion. The
Department shall establish by rule the provisions that the policy must include,
which, to the extent practicable, should be consistent with the requirements
for participation in the federal Medicare program. Each policy shall include
periodic review of the use of restraints.
(c) A restraint may be used only with the informed consent of the
resident, the resident's guardian, or other authorized representative. A
restraint may be used only for specific periods, if it is the
least restrictive means necessary to attain and maintain the resident's highest
practicable physical, mental or psychosocial well‑being, including brief
periods of time to provide necessary life‑saving treatment. A restraint may be
used only after consultation with appropriate health professionals, such as
occupational or physical therapists, and a trial of less restrictive measures
has led to the determination that the use of less restrictive measures
would not attain or maintain the resident's highest practicable physical,
mental or psychosocial well‑being.
However, if the resident needs emergency care, restraints may be used for brief
periods to
permit medical treatment to proceed unless the facility has notice that the
resident has previously made a valid refusal of the treatment in
question.
(d) A restraint may be applied only by a person trained in the application
of the particular type of restraint.
(e) Whenever a period of use of a restraint is initiated, the resident shall
be advised of his or her right to have a person or organization of his or
her
choosing,
including the Guardianship and Advocacy Commission, notified of the use of the
restraint. A recipient
who is under guardianship may request that a person or organization of his or
her choosing be notified of the restraint, whether or not the guardian
approves the notice.
If the resident so chooses, the facility shall make the notification
within 24 hours, including any information
about
the period of time that the restraint is to be used.
Whenever the Guardianship and Advocacy Commission is notified that a resident
has been restrained, it shall contact the resident to determine the
circumstances of the restraint and whether further action is warranted.
(f) Whenever a restraint is used on a resident whose primary mode of
communication is sign language, the resident shall be permitted to have his or
her
hands free from restraint for brief periods each hour, except when this freedom
may
result in physical harm to the resident or others.
(g) The requirements of this Section are intended to control in any conflict
with the requirements of Sections
1‑126 and 2‑108 of the Mental Health and Developmental Disabilities Code.
(Source: P.A. 93‑636, eff. 6‑1‑04.)
(210 ILCS 45/2‑106.1)
Sec. 2‑106.1. Drug treatment.
(a) A resident shall not be given unnecessary drugs. An
unnecessary drug is any drug used in an excessive dose, including in
duplicative therapy; for excessive duration; without adequate
monitoring; without adequate indications for its use; or in the
presence of adverse consequences that indicate the drugs should be reduced or
discontinued. The Department shall adopt, by rule, the standards
for unnecessary
drugs
contained in interpretive guidelines issued by the United States Department of
Health and Human Services for the purposes of administering titles 18 and 19 of
the Social Security Act.
(b) Psychotropic medication shall not be prescribed without the informed
consent of the resident, the resident's guardian, or other authorized
representative. "Psychotropic medication"
means medication that
is used for or listed as used for antipsychotic, antidepressant, antimanic, or
antianxiety behavior modification or behavior management purposes in the latest
editions of the AMA Drug Evaluations or the Physician's Desk Reference.
(c) The requirements of
this Section are intended to control in a conflict
with the requirements of Sections 2‑102 and 2‑107.2
of the Mental Health and Developmental Disabilities Code with respect to the
administration of psychotropic medication.
(Source: P.A. 93‑636, eff. 6‑1‑04.)
(210 ILCS 45/2‑106a)
Sec. 2‑106a.
Resident identification wristlet.
No identification
wristlets shall be employed except as ordered by a physician who documents the
need for such mandatory identification in the resident's clinical record. When
identification bracelets are required, they must identify the resident's name,
and the name and address of the facility issuing the identification wristlet.
(Source: P.A. 88‑263.)
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(210 ILCS 45/2‑107) (from Ch. 111 1/2, par. 4152‑107)
Sec. 2‑107.
An owner, licensee, administrator, employee or agent of a
facility shall not abuse or neglect a resident. It is the duty of any
facility employee or agent who becomes aware of such abuse or neglect to report it
as provided in "The Abused and Neglected Long Term Care Facility Residents
Reporting Act".
(Source: P.A. 82‑120.)
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(210 ILCS 45/2‑108) (from Ch. 111 1/2, par. 4152‑108)
Sec. 2‑108.
Every resident shall be permitted unimpeded, private and uncensored
communication of his choice by mail, public telephone or visitation.
(a) The administrator shall ensure that correspondence is conveniently
received and mailed, and that telephones are reasonably accessible.
(b) The administrator shall ensure that residents may have private visits
at any reasonable hour unless such visits are not medically advisable for
the resident as documented in the resident's clinical record by the resident's
physician.
(c) The administrator shall ensure that space for visits is available
and that facility personnel knock, except in an emergency, before entering
any resident's room.
(d) Unimpeded, private and uncensored communication by mail, public telephone
and visitation may be reasonably restricted by a physician only in
order to protect the resident or others from harm, harassment or intimidation,
provided that the reason for any such restriction is placed in the resident's
clinical record by the physician and that notice of such restriction shall
be given to all residents upon admission. However, all letters addressed
by a resident to the Governor,
members of the General Assembly, Attorney General, judges, state's attorneys,
officers of the Department, or licensed attorneys at law shall be forwarded
at once to the persons to whom they are addressed without examination by
facility personnel. Letters in reply from the officials and attorneys mentioned
above shall be delivered to the recipient without examination by facility personnel.
(e) The 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.
(Source: P.A. 81‑223.)
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(210 ILCS 45/2‑109) (from Ch. 111 1/2, par. 4152‑109)
Sec. 2‑109.
A resident shall be permitted the free exercise of religion.
Upon a resident's request, and if necessary at his expense, the 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.
(Source: P.A. 81‑223.)
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(210 ILCS 45/2‑110)(from Ch. 111 1/2, par. 4152‑110)
Sec. 2‑110. (a) Any employee or agent of a public agency, any
representative of a community legal services program or any other member
of the general public shall be permitted access at reasonable hours to
any individual resident of any facility, but only if there is neither a
commercial purpose nor
effect to such access and if the purpose is to do any of the following:
(1) Visit, talk with and make personal, social and
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legal services available to all residents;
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(2) Inform residents of their rights and entitlements
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and their corresponding obligations, under federal and State laws, by means of educational materials and discussions in groups and with individual residents;
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(3) Assist residents in asserting their legal rights
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regarding claims for public assistance, medical assistance and social security benefits, as well as in all other matters in which residents are aggrieved. Assistance may include counseling and litigation; or
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(4) Engage in other methods of asserting, advising
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and representing residents so as to extend to them full enjoyment of their rights.
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(a‑5) If a resident of a licensed facility is an identified offender, any federal, State, or local law enforcement officer or county probation officer shall be permitted reasonable access to the individual resident to verify compliance with the requirements of the Sex Offender Registration Act, to verify compliance with the requirements of Public Act 94‑163 and this amendatory Act of the 94th General Assembly, or to verify compliance with applicable terms of probation, parole, or mandatory supervised release.
(b) All persons entering a facility under this Section shall
promptly notify appropriate facility personnel of their presence. They
shall, upon request, produce identification to establish their identity.
No such person shall enter the immediate living area of any resident
without first identifying himself and then receiving permission from the
resident to enter. The rights of other residents present in the room
shall be respected. A resident may terminate at any time a visit by a
person having access to the resident's living area under this Section.
(c) This Section shall not limit the power of the Department or
other public agency otherwise permitted or required by law to enter and
inspect a facility.
(d) Notwithstanding paragraph (a) of this Section, the administrator
of a facility may refuse access to the facility to any person if the
presence of that person in the facility would be injurious to the health
and safety of a resident or would threaten the security of the property
of a resident or the facility, or if the person seeks access to the
facility for commercial purposes. Any person refused access to a
facility may within 10 days request a hearing under Section 3‑703. In
that proceeding, the burden of proof as to the right of the facility to
refuse access under this Section shall be on the facility.
(Source: P.A. 94‑163, eff. 7‑11‑05; 94‑752, eff. 5‑10‑06.)
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(210 ILCS 45/2‑111) (from Ch. 111 1/2, par. 4152‑111)
Sec. 2‑111.
A resident may be discharged from a facility after he gives
the administrator, a physician, or a nurse of the facility
written notice of his desire to be discharged. If a guardian has been appointed
for a resident or if the resident is a minor, the resident shall be discharged
upon written consent of his guardian or if the resident is a minor, his
parent unless there is a court order to the contrary. In such cases, upon
the resident's
discharge, the facility is relieved from any responsibility for the resident's
care, safety or well‑being.
(Source: P.A. 81‑223.)
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(210 ILCS 45/2‑112) (from Ch. 111 1/2, par. 4152‑112)
Sec. 2‑112.
A resident shall be permitted to present grievances on behalf
of himself or others to the administrator, the Long‑Term Care Facility Advisory
Board, the residents' advisory council, State governmental agencies
or other persons without threat of discharge or reprisal in any form or
manner whatsoever. The administrator shall provide all residents or their
representatives with the name, address, and telephone number of the appropriate
State governmental office where complaints may be lodged.
(Source: P.A. 81‑223.)
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(210 ILCS 45/2‑113) (from Ch. 111 1/2, par. 4152‑113)
Sec. 2‑113.
A resident may refuse to perform labor for a facility.
(Source: P.A. 81‑223.)
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