(210 ILCS 9/10)
Sec. 10.
Definitions.
For purposes of this Act:
"Activities of daily living" means eating, dressing, bathing, toileting, transferring, or personal hygiene.
"Assisted living establishment" or "establishment" means a home, building, residence, or any other place where sleeping accommodations are provided for at least 3 unrelated adults, at least 80% of whom are 55 years of age or older and where the following are provided consistent with the purposes of this Act:
(1) services consistent with a social model that is
|
| based on the premise that the resident's unit in assisted living and shared housing is his or her own home; |
|
(2) community-based residential care for persons who |
| need assistance with activities of daily living, including personal, supportive, and intermittent health-related services available 24 hours per day, if needed, to meet the scheduled and unscheduled needs of a resident; |
|
(3) mandatory services, whether provided directly by |
| the establishment or by another entity arranged for by the establishment, with the consent of the resident or resident's representative; and |
|
(4) a physical environment that is a homelike setting |
| that includes the following and such other elements as established by the Department: individual living units each of which shall accommodate small kitchen appliances and contain private bathing, washing, and toilet facilities, or private washing and toilet facilities with a common bathing room readily accessible to each resident. Units shall be maintained for single occupancy except in cases in which 2 residents choose to share a unit. Sufficient common space shall exist to permit individual and group activities. |
|
"Assisted living establishment" or "establishment" does not mean any of the following:
(1) A home, institution, or similar place operated |
| by the federal government or the State of Illinois. |
|
(2) A long term care facility licensed under the |
| Nursing Home Care Act, a facility licensed under the Specialized Mental Health Rehabilitation Act, or a facility licensed under the ID/DD Community Care Act. However, a facility licensed under either of those Acts may convert distinct parts of the facility to assisted living. If the facility elects to do so, the facility shall retain the Certificate of Need for its nursing and sheltered care beds that were converted. |
|
(3) A hospital, sanitarium, or other institution, the |
| principal activity or business of which is the diagnosis, care, and treatment of human illness and that is required to be licensed under the Hospital Licensing Act. |
|
(4) A facility for child care as defined in the Child |
|
(5) A community living facility as defined in the |
| Community Living Facilities Licensing Act. |
|
(6) A nursing home or sanitarium operated solely by |
| and for persons who rely exclusively upon treatment by spiritual means through prayer in accordance with the creed or tenants of a well-recognized church or religious denomination. |
|
(7) A facility licensed by the Department of Human |
| Services as a community-integrated living arrangement as defined in the Community-Integrated Living Arrangements Licensure and Certification Act. |
|
(8) A supportive residence licensed under the |
| Supportive Residences Licensing Act. |
|
(9) The portion of a life care facility as defined in |
| the Life Care Facilities Act not licensed as an assisted living establishment under this Act; a life care facility may apply under this Act to convert sections of the community to assisted living. |
|
(10) A free-standing hospice facility licensed under |
| the Hospice Program Licensing Act. |
|
(11) A shared housing establishment.
(12) A supportive living facility as described in |
| Section 5-5.01a of the Illinois Public Aid Code. |
|
"Department" means the Department of Public Health.
"Director" means the Director of Public Health.
"Emergency situation" means imminent danger of death or serious physical harm to a resident of an establishment.
"License" means any of the following types of licenses issued to an applicant or licensee by the Department:
(1) "Probationary license" means a license issued to |
| an applicant or licensee that has not held a license under this Act prior to its application or pursuant to a license transfer in accordance with Section 50 of this Act. |
|
(2) "Regular license" means a license issued by the |
| Department to an applicant or licensee that is in substantial compliance with this Act and any rules promulgated under this Act. |
|
"Licensee" means a person, agency, association, corporation, partnership, or organization that has been issued a license to operate an assisted living or shared housing establishment.
"Licensed health care professional" means a registered professional nurse, an advanced practice nurse, a physician assistant, and a licensed practical nurse.
"Mandatory services" include the following:
(1) 3 meals per day available to the residents |
| prepared by the establishment or an outside contractor; |
|
(2) housekeeping services including, but not limited |
| to, vacuuming, dusting, and cleaning the resident's unit; |
|
(3) personal laundry and linen services available to |
| the residents provided or arranged for by the establishment; |
|
(4) security provided 24 hours each day including, |
| but not limited to, locked entrances or building or contract security personnel; |
|
(5) an emergency communication response system, which |
| is a procedure in place 24 hours each day by which a resident can notify building management, an emergency response vendor, or others able to respond to his or her need for assistance; and |
|
(6) assistance with activities of daily living as |
| required by each resident. |
|
"Negotiated risk" is the process by which a resident, or his or her representative, may formally negotiate with providers what risks each are willing and unwilling to assume in service provision and the resident's living environment. The provider assures that the resident and the resident's representative, if any, are informed of the risks of these decisions and of the potential consequences of assuming these risks.
"Owner" means the individual, partnership, corporation, association, or other person who owns an assisted living or shared housing establishment. In the event an assisted living or shared housing establishment is operated by a person who leases or manages the physical plant, which is owned by another person, "owner" means the person who operates the assisted living or shared housing establishment, except that if the person who owns the physical plant is an affiliate of the person who operates the assisted living or shared housing establishment and has significant control over the day to day operations of the assisted living or shared housing establishment, the person who owns the physical plant shall incur jointly and severally with the owner all liabilities imposed on an owner under this Act.
"Physician" means a person licensed under the Medical Practice Act of 1987 to practice medicine in all of its branches.
"Resident" means a person residing in an assisted living or shared housing establishment.
"Resident's representative" means a person, other than the owner, agent, or employee of an establishment or of the health care provider unless related to the resident, designated in writing by a resident to be his or her representative. This designation may be accomplished through the Illinois Power of Attorney Act, pursuant to the guardianship process under the Probate Act of 1975, or pursuant to an executed designation of representative form specified by the Department.
"Self" means the individual or the individual's designated representative.
"Shared housing establishment" or "establishment" means a publicly or privately operated free-standing residence for 16 or fewer persons, at least 80% of whom are 55 years of age or older and who are unrelated to the owners and one manager of the residence, where the following are provided:
(1) services consistent with a social model that is |
| based on the premise that the resident's unit is his or her own home; |
|
(2) community-based residential care for persons who |
| need assistance with activities of daily living, including housing and personal, supportive, and intermittent health-related services available 24 hours per day, if needed, to meet the scheduled and unscheduled needs of a resident; and |
|
(3) mandatory services, whether provided directly by |
| the establishment or by another entity arranged for by the establishment, with the consent of the resident or the resident's representative. |
|
"Shared housing establishment" or "establishment" does not mean any of the following:
(1) A home, institution, or similar place operated by |
| the federal government or the State of Illinois. |
|
(2) A long term care facility licensed under the |
| Nursing Home Care Act, a facility licensed under the Specialized Mental Health Rehabilitation Act, or a facility licensed under the ID/DD Community Care Act. A facility licensed under either of those Acts may, however, convert sections of the facility to assisted living. If the facility elects to do so, the facility shall retain the Certificate of Need for its nursing beds that were converted. |
|
(3) A hospital, sanitarium, or other institution, the |
| principal activity or business of which is the diagnosis, care, and treatment of human illness and that is required to be licensed under the Hospital Licensing Act. |
|
(4) A facility for child care as defined in the Child |
|
(5) A community living facility as defined in the |
| Community Living Facilities Licensing Act. |
|
(6) A nursing home or sanitarium operated solely by |
| and for persons who rely exclusively upon treatment by spiritual means through prayer in accordance with the creed or tenants of a well-recognized church or religious denomination. |
|
(7) A facility licensed by the Department of Human |
| Services as a community-integrated living arrangement as defined in the Community-Integrated Living Arrangements Licensure and Certification Act. |
|
(8) A supportive residence licensed under the |
| Supportive Residences Licensing Act. |
|
(9) A life care facility as defined in the Life Care |
| Facilities Act; a life care facility may apply under this Act to convert sections of the community to assisted living. |
|
(10) A free-standing hospice facility licensed under |
| the Hospice Program Licensing Act. |
|
(11) An assisted living establishment.
(12) A supportive living facility as described in |
| Section 5-5.01a of the Illinois Public Aid Code. |
|
"Total assistance" means that staff or another individual performs the entire activity of daily living without participation by the resident.
(Source: P.A. 96-339, eff. 7-1-10; 96-975, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.) |
(210 ILCS 9/20)
Sec. 20.
Construction and operating standards.
The Department shall prescribe minimum standards for establishments. These standards shall include:
(1) the location and construction of the
|
| establishment, including plumbing, heating, lighting, ventilation, and other physical conditions which shall ensure the health, safety, and comfort of residents and their protection from fire hazards; these standards shall include, at a minimum, compliance with the residential board and care occupancies chapter of the National Fire Protection Association's Life Safety Code, local and State building codes for the building type, and accessibility standards of the Americans with Disabilities Act; |
|
(2) the number and qualifications of all personnel |
| having responsibility for any part of the services provided for residents; |
|
(3) all sanitary conditions within the establishment |
| and its surroundings, including water supply, sewage disposal, food handling, infection control, and general hygiene, which shall ensure the health and comfort of residents; |
|
(4) a program for adequate maintenance of physical |
|
(5) adequate accommodations, staff, and services for |
| the number and types of residents for whom the establishment is licensed; |
|
(6) the development of evacuation and other |
| appropriate safety plans for use during weather, health, fire, physical plant, environmental, and national defense emergencies; and |
|
(7) the maintenance of minimum financial and other |
| resources necessary to meet the standards established under this Section and to operate the establishment in accordance with this Act. |
|
(Source: P.A. 96-975, eff. 7-2-10.) |
(210 ILCS 9/30)
Sec. 30.
Licensing.
(a) The Department shall establish by rule forms, procedures, and fees for the annual licensing of assisted living and shared housing establishments; shall establish and enforce sanctions and penalties for operating in violation of this Act, as provided in Section 135 of this Act and rules adopted under Section 110 of this Act. The Department shall conduct an annual on-site review for each establishment covered by this Act, which shall include, but not be limited to, compliance with this Act and rules adopted hereunder, focus on solving resident issues and concerns, and the quality improvement process implemented by the establishment to address resident issues. The quality improvement process implemented by the establishment must benchmark performance, be customer centered, be data driven, and focus on resident satisfaction.
(b) An establishment shall provide the following information to the Department to be considered for licensure:
(1) the business name, street address, mailing
|
| address, and telephone number of the establishment; |
|
(2) the name and mailing address of the owner or |
| owners of the establishment and if the owner or owners are not natural persons, identification of the type of business entity of the owners, and the names and addresses of the officers and members of the governing body, or comparable persons for partnerships, limited liability companies, or other types of business organizations; |
|
(3) financial information, content and form to be |
| determined by rules which may provide different standards for assisted living establishments and shared housing establishments, establishing that the project is financially feasible; |
|
(4) the name and mailing address of the managing |
| agent of the establishment, whether hired under a management agreement or lease agreement, if different from the owner or owners, and the name of the full-time director; |
|
(5) verification that the establishment has entered |
| or will enter into a service delivery contract as provided in Section 90, as required under this Act, with each resident or resident's representative; |
|
(6) the name and address of at least one natural |
| person who shall be responsible for dealing with the Department on all matters provided for in this Act, on whom personal service of all notices and orders shall be made, and who shall be authorized to accept service on behalf of the owner or owners and the managing agent. Notwithstanding a contrary provision of the Code of Civil Procedure, personal service on the person identified pursuant to this subsection shall be considered service on the owner or owners and the managing agent, and it shall not be a defense to any action that personal service was not made on each individual or entity; |
|
(7) the signature of the authorized representative of |
|
(8) proof of an ongoing quality improvement program |
| in accordance with rules adopted by the Department; |
|
(9) information about the number and types of units, |
| the maximum census, and the services to be provided at the establishment, proof of compliance with applicable State and local residential standards, and a copy of the standard contract offered to residents; |
|
(10) documentation of adequate liability insurance; |
|
(11) other information necessary to determine the |
| identity and qualifications of an applicant or licensee to operate an establishment in accordance with this Act as required by the Department by rule. |
|
(c) The information in the statement of ownership shall be public information and shall be available from the Department.
(Source: P.A. 96-975, eff. 7-2-10.) |
(210 ILCS 9/35)
Sec. 35.
Issuance of license.
(a) Upon receipt and review of an application for a license and review of the applicant establishment, the Director may issue a license if he or she finds:
(1) that the individual applicant, or the
|
| corporation, partnership, or other entity if the applicant is not an individual, is a person responsible and suitable to operate or to direct or participate in the operation of an establishment by virtue of financial capacity, appropriate business or professional experience, a record of lawful compliance with lawful orders of the Department and lack of revocation of a license issued under this Act, the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act, or the ID/DD Community Care Act during the previous 5 years; |
|
(2) that the establishment is under the supervision |
| of a full-time director who is at least 21 years of age and has a high school diploma or equivalent plus either: |
|
(A) 2 years of management experience or 2 years |
| of experience in positions of progressive responsibility in health care, housing with services, or adult day care or providing similar services to the elderly; or |
|
(B) 2 years of management experience or 2 years |
| of experience in positions of progressive responsibility in hospitality and training in health care and housing with services management as defined by rule; |
|
(3) that the establishment has staff sufficient in |
| number with qualifications, adequate skills, education, and experience to meet the 24 hour scheduled and unscheduled needs of residents and who participate in ongoing training to serve the resident population; |
|
(4) that all employees who are subject to the Health |
| Care Worker Background Check Act meet the requirements of that Act; |
|
(5) that the applicant is in substantial compliance |
| with this Act and such other requirements for a license as the Department by rule may establish under this Act; |
|
(6) that the applicant pays all required fees;
(7) that the applicant has provided to the Department |
| an accurate disclosure document in accordance with the Alzheimer's Disease and Related Dementias Special Care Disclosure Act and in substantial compliance with Section 150 of this Act. |
|
In addition to any other requirements set forth in this Act, as a condition of licensure under this Act, the director of an establishment must participate in at least 20 hours of training every 2 years to assist him or her in better meeting the needs of the residents of the establishment and managing the operation of the establishment.
Any license issued by the Director shall state the physical location of the establishment, the date the license was issued, and the expiration date. All licenses shall be valid for one year, except as provided in Sections 40 and 45. Each license shall be issued only for the premises and persons named in the application, and shall not be transferable or assignable.
(Source: P.A. 96-339, eff. 7-1-10; 96-990, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.) |
(210 ILCS 9/65)
Sec. 65.
Revocation, suspension, or refusal to renew license.
(a) The Department, after notice to the applicant or licensee, may suspend, revoke, or refuse to renew a license in any case in which the Department finds any of the following:
(1) that there has been a substantial failure to
|
| comply with this Act or the rules promulgated by the Department under this Act; |
|
(2) that there has been a conviction of the licensee, |
| or of the person designated to manage or supervise the establishment, of a felony or of 2 or more misdemeanors involving moral turpitude during the previous 5 years as shown by a certified copy of the record of the court of conviction; |
|
(3) that the personnel is insufficient in number or |
| unqualified by training or experience to properly care for the number and type of residents served by the establishment; |
|
(4) that the financial or other resources are |
| insufficient to conduct and operate the establishment in accordance with standards promulgated by the Department under this Act; or |
|
(5) that the establishment is not under the direct |
| supervision of a full-time director, as defined by rule. |
|
(b) Notice under this Section shall include a clear and concise statement of the violations on which the nonrenewal or revocation is based, the statute or rule violated, and notice of the opportunity for a hearing under Section 60.
(c) If an establishment desires to contest the nonrenewal or revocation of a license, the establishment shall, within 10 days after receipt of notice under subsection (b) of this Section, notify the Department in writing of its request for a hearing under Section 60. Upon receipt of the request the Department shall send notice to the establishment and hold a hearing as provided under Section 60.
(d) The effective date of nonrenewal or revocation of a license by the Department shall be any of the following:
(1) until otherwise ordered by the circuit court, |
| revocation is effective on the date set by the Department in the notice of revocation, or upon final action after hearing under Section 60, whichever is later; |
|
(2) until otherwise ordered by the circuit court, |
| nonrenewal is effective on the date of expiration of any existing license, or upon final action after hearing under Section 60, whichever is later; however, a license shall not be deemed to have expired if the Department fails to timely respond to a timely request for renewal under this Act or for a hearing to contest nonrenewal; or |
|
(3) the Department may extend the effective date of |
| license revocation or expiration in any case in order to permit orderly removal and relocation of residents. |
|
(e) The Department may refuse to issue or may suspend the license of any person who fails to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied.
(Source: P.A. 91-656, eff. 1-1-01.) |
(210 ILCS 9/75)
Sec. 75.
Residency Requirements.
(a) No individual shall be accepted for residency or remain in residence if the establishment cannot provide or secure appropriate services, if the individual requires a level of service or type of service for which the establishment is not licensed or which the establishment does not provide, or if the establishment does not have the staff appropriate in numbers and with appropriate skill to provide such services.
(b) Only adults may be accepted for residency.
(c) A person shall not be accepted for residency if:
(1) the person poses a serious threat to himself or
|
|
(2) the person is not able to communicate his or her |
| needs and no resident representative residing in the establishment, and with a prior relationship to the person, has been appointed to direct the provision of services; |
|
(3) the person requires total assistance with 2 or |
| more activities of daily living; |
|
(4) the person requires the assistance of more than |
| one paid caregiver at any given time with an activity of daily living; |
|
(5) the person requires more than minimal assistance |
| in moving to a safe area in an emergency; |
|
(6) the person has a severe mental illness, which for |
| the purposes of this Section means a condition that is characterized by the presence of a major mental disorder as classified in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV) (American Psychiatric Association, 1994), where the individual is substantially disabled due to mental illness in the areas of self-maintenance, social functioning, activities of community living and work skills, and the disability specified is expected to be present for a period of not less than one year, but does not mean Alzheimer's disease and other forms of dementia based on organic or physical disorders; |
|
(7) the person requires intravenous therapy or |
| intravenous feedings unless self-administered or administered by a qualified, licensed health care professional; |
|
(8) the person requires gastrostomy feedings unless |
| self-administered or administered by a licensed health care professional; |
|
(9) the person requires insertion, sterile |
| irrigation, and replacement of catheter, except for routine maintenance of urinary catheters, unless the catheter care is self-administered or administered by a licensed health care professional; |
|
(10) the person requires sterile wound care unless |
| care is self-administered or administered by a licensed health care professional; |
|
(11) the person requires sliding scale insulin |
| administration unless self-performed or administered by a licensed health care professional; |
|
(12) the person is a diabetic requiring routine |
| insulin injections unless the injections are self-administered or administered by a licensed health care professional; |
|
(13) the person requires treatment of stage 3 or |
| stage 4 decubitus ulcers or exfoliative dermatitis; |
|
(14) the person requires 5 or more skilled nursing |
| visits per week for conditions other than those listed in items (13) and (15) of this subsection for a period of 3 consecutive weeks or more except when the course of treatment is expected to extend beyond a 3 week period for rehabilitative purposes and is certified as temporary by a physician; or |
|
(15) other reasons prescribed by the Department by |
|
(d) A resident with a condition listed in items (1) through (15) of subsection (c) shall have his or her residency terminated.
(e) Residency shall be terminated when services available to the resident in the establishment are no longer adequate to meet the needs of the resident. This provision shall not be interpreted as limiting the authority of the Department to require the residency termination of individuals.
(f) Subsection (d) of this Section shall not apply to terminally ill residents who receive or would qualify for hospice care and such care is coordinated by a hospice program licensed under the Hospice Program Licensing Act or other licensed health care professional employed by a licensed home health agency and the establishment and all parties agree to the continued residency.
(g) Items (3), (4), (5), and (9) of subsection (c) shall not apply to a quadriplegic, paraplegic, or individual with neuro-muscular diseases, such as muscular dystrophy and multiple sclerosis, or other chronic diseases and conditions as defined by rule if the individual is able to communicate his or her needs and does not require assistance with complex medical problems, and the establishment is able to accommodate the individual's needs. The Department shall prescribe rules pursuant to this Section that address special safety and service needs of these individuals.
(h) For the purposes of items (7) through (10) of subsection (c), a licensed health care professional may not be employed by the owner or operator of the establishment, its parent entity, or any other entity with ownership common to either the owner or operator of the establishment or parent entity, including but not limited to an affiliate of the owner or operator of the establishment. Nothing in this Section is meant to limit a resident's right to choose his or her health care provider.
(i) Subsection (h) is not applicable to residents admitted to an assisted living establishment under a life care contract as defined in the Life Care Facilities Act if the life care facility has both an assisted living establishment and a skilled nursing facility. A licensed health care professional providing health-related or supportive services at a life care assisted living or shared housing establishment must be employed by an entity licensed by the Department under the Nursing Home Care Act or the Home Health, Home Services, and Home Nursing Agency Licensing Act.
(Source: P.A. 94-256, eff. 7-19-05; 94-570, eff. 8-12-05; 95-216, eff. 8-16-07; 95-331, eff. 8-21-07.) |
(210 ILCS 9/90)
Sec. 90.
Contents of service delivery contract.
A contract between an establishment and a resident must be entitled "assisted living establishment contract" or "shared housing establishment contract" as applicable, shall be printed in no less than 12 point type, and shall include at least the following elements in the body or through supporting documents or attachments:
(1) the name, street address, and mailing address of
|
|
(2) the name and mailing address of the owner or |
| owners of the establishment and, if the owner or owners are not natural persons, the type of business entity of the owner or owners; |
|
(3) the name and mailing address of the managing |
| agent of the establishment, whether hired under a management agreement or lease agreement, if the managing agent is different from the owner or owners; |
|
(4) the name and address of at least one natural |
| person who is authorized to accept service on behalf of the owners and managing agent; |
|
(5) a statement describing the license status of the |
| establishment and the license status of all providers of health-related or supportive services to a resident under arrangement with the establishment; |
|
(6) the duration of the contract;
(7) the base rate to be paid by the resident and a |
| description of the services to be provided as part of this rate; |
|
(8) a description of any additional services to be |
| provided for an additional fee by the establishment directly or by a third party provider under arrangement with the establishment; |
|
(9) the fee schedules outlining the cost of any |
|
(10) a description of the process through which the |
| contract may be modified, amended, or terminated; |
|
(11) a description of the establishment's complaint |
| resolution process available to residents and notice of the availability of the Department on Aging's Senior Helpline for complaints; |
|
(12) the name of the resident's designated |
|
(13) the resident's obligations in order to maintain |
| residency and receive services including compliance with all assessments required under Section 15; |
|
(14) the billing and payment procedures and |
|
(15) a statement affirming the resident's freedom to |
| receive services from service providers with whom the establishment does not have a contractual arrangement, which may also disclaim liability on the part of the establishment for those services; |
|
(16) a statement that medical assistance under |
| Article V or Article VI of the Illinois Public Aid Code is not available for payment for services provided in an establishment, excluding contracts executed with residents residing in licensed establishments participating in the Department on Aging's Comprehensive Care in Residential Settings Demonstration Project; |
|
(17) a statement detailing the admission, risk |
| management, and residency termination criteria and procedures; |
|
(18) a statement listing the rights specified in |
| Section 95 and acknowledging that, by contracting with the assisted living or shared housing establishment, the resident does not forfeit those rights; |
|
(19) a statement detailing the Department's annual |
| on-site review process including what documents contained in a resident's personal file shall be reviewed by the on-site reviewer as defined by rule; and |
|
(20) a statement outlining whether the establishment |
| charges a community fee and, if so, the amount of the fee and whether it is refundable; if the fee is refundable, the contract must describe the conditions under which it is refundable and how the amount of the refund is determined. |
|
(Source: P.A. 93-775, eff. 1-1-05; 94-256, eff. 7-19-05.) |
(210 ILCS 9/95)
Sec. 95.
Resident rights.
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 retain and use personal property
|
| and a place to store personal items that is locked and secure; |
|
(2) the right to refuse services and to be advised of |
| the consequences of that refusal; |
|
(3) the right to respect for bodily privacy and |
| dignity at all times, especially during care and treatment; |
|
(4) the right to the free exercise of religion;
(5) the right to privacy with regard to mail, phone |
|
(6) the right to uncensored access to the State |
| Ombudsman or his or her designee; |
|
(7) the right to be free of retaliation for |
| criticizing the establishment or making complaints to appropriate agencies; |
|
(8) the right to be free of chemical and physical |
|
(9) the right to be free of abuse or neglect or to |
|
(10) the right to confidentiality of the resident's |
|
(11) the right of access and the right to copy the |
| resident's personal files maintained by the establishment; |
|
(12) the right to 24 hours access to the |
|
(13) the right to a minimum of 90-days notice of a |
| planned establishment closure; |
|
(14) the right to a minimum of 30-days 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; and |
|
(15) the right to a 30-day notice of delinquency and |
| at least 15 days right to cure delinquency. |
|
(Source: P.A. 91-656, eff. 1-1-01.) |