Section 340.1410  General

a)         No resident shall be deprived of any rights, benefits, or privileges guaranteed by State or federal law, the Constitution of the State of Illinois, or the Constitution of the United States solely on account of their status as a resident of a facility. 

1)         Residents shall have the right to be treated with courtesy and respect by employees or persons providing medical services or care and shall have their human and civil rights maintained in all aspects of medical care as defined in the State Operations Manual for Long-Term Care Facilities.

2)         In accordance with 42 CFR 483.10, residents shall have their basic human needs, including, but not limited to, water, food, medication, toileting, and personal hygiene, accommodated in a timely manner, as defined by the person and agreed upon by the interdisciplinary team.

3)         Residents have the right to maintain their autonomy as much as possible.  (Section 2-101 of the Act)

b)         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)

c)         All facilities shall comply with the Election Code as it pertains to absentee voting for residents of licensed long-term care facilities.

d)         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)

e)         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.

f)         Where a resident, a resident's representative or a resident's next of kin believes that an emergency exists each or 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)

g)         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)

h)         A resident may refuse to perform labor for a facility. Residents shall not perform labor or services for the facility unless consistent with F566 of the State Operations Manual for Long-Term Care Facilities. The activities shall be included for therapeutic purposes and be appropriately goal related to the individual's care plan. If a resident chooses to perform labor or services, the resident shall be compensated at or above the prevailing wage rate.  (Section 2-113 of the Act)

i)          Posting Requirements for Facilities

1)         Every facility shall conspicuously post for display in an area of its offices accessible to residents, employees, and visitors the following:

A)        Phone numbers and websites for rights protection services must be posted in common areas and at the main entrance and provided upon entry and at the request of residents or the resident's representative in accordance with 42 CFR 483.10(j)(4); and

B)        The statement "The Illinois Long-Term Care Ombudsman Program is a free resident advocacy service available to the public."

2)         The administrator shall post for all residents and at the main entrance the name, address, and telephone number of the appropriate State governmental office where complaints may be lodged in language the resident can understand, which must include notice of the grievance procedure of the facility or program as well as addresses and phone numbers for the Office of Health Care Regulation and the Long-Term Care Ombudsman Program and a website showing the information of a facility's ownership.  The facility shall include a link to the Long-Term Care Ombudsman Program's website on the home page of the facility's website.  (Section 3-209 of the Act)

(Source:  Amended at 49 Ill. Reg. 6539, effective April 22, 2025)