Section 2060.323  Patient Rights

a)         A written statement shall be provided to any patient at the time of acceptance for an intervention service or admission to a treatment service which describes the rights of all patients as specified in Article 30 of the Act as follows:

1)         access to services will not be denied on the basis of race, religion, ethnicity, disability, sexual orientation or HIV status;

2)         services will be provided in the least restrictive environment available;

3)         confidentiality of HIV/AIDS status and testing and anonymous testing as specified in Section 2060.321 of this Part;

4)         the right to nondiscriminatory access to services as specified in the American's With Disabilities Act of 1990 (42 USC 12101);

5)         the right to give or withhold informed consent regarding treatment and regarding confidential information about the patient;

6)         a description of the route of appeal available when a person disagrees with an organization's decision or policies;

7)         confidentiality of patient records as specified in Section 2060.319 of this Part;

8)         the right to refuse treatment or any specific treatment procedure and a right to be informed of the consequences resulting from such refusal.

b)         The patient will attest by signature that he or she has received a copy of the written statement of patient rights and this signatory document shall be maintained in the patient record.

c)         The statement of patient rights shall be posted in an area accessible to patients at all times.

d)         Each patient shall be given the statement of patient rights.  If a patient is unable to read such written statement, it shall be read to the patient in a language the patient understands.

e)         If the organization is required to comply with HIPAA, the patient shall also be given written notice of the uses and disclosures of protected health information that will be collected and maintained, and the rights provided by HIPAA with respect to such information as set forth in 45 CFR 164.520 and referenced in part in Sections 2060.319 and 2060.325(u) of this Part.

(Source:  Amended at 27 Ill. Reg. 13997, effective August 8, 2003)