Section 340.1450  Communication and Visitation


a)         Every resident shall be permitted unimpeded, private and uncensored communication of his choice by mail, public telephone or visitation. (Section 2-108 of the Act)


b)         The facility administrator shall ensure that correspondence is conveniently received and mailed, and that telephones are reasonably accessible. (Section 2-108(a) of the Act)


c)         The facility 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. (Section 2-108(b) of the Act)


d)         The facility shall allow daily visiting at least between 10 A.M. and 8 P.M.  Visiting hours shall be posted in plain view of visitors.


e)         The facility administrator shall ensure that space for visits is available and that facility personnel knock, except in an emergency, before entering any resident's room. (Section 2-108(c) of the Act)


f)         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 probable causes of such restriction shall be given to all residents upon admission.  (Section 2-108(d) of the Act)


g)         Notwithstanding subsection (f) of this Section, 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 resident without examination by facility personnel. (Section 2-108(d) of the Act)


h)         Any employee or agent of a public agency, any representative of a community legal services program or any member of the general public shall be permitted access at reasonable hours to any individual resident or 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 legal services available to all residents;


2)         Inform residents of their rights and entitlements and their corresponding obligations, under federal and State laws, by means of educational materials and discussions in groups and with individual residents;


3)         Assist residents in asserting their legal rights regarding claims for public assistance, medical assistance and Social Security benefits, as well as in all other matters in which residents are aggrieved.  Assistance any include counseling and litigation; or


4)         Engage in other methods of asserting, advising and representing residents so as to extend to them full enjoyment of their rights. (Section 2-110(a) of the Act)


i)          All persons entering a facility under  subsection (h) of this Section shall promptly notify appropriate facility personnel of their presence.  They shall, upon request, produce identification to establish their identity.  No 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. (Section 2-110(b) of the Act)


j)          A resident may terminate at any time a visit by a person having access to the resident's living area. (Section 2-110(b) of the Act)