Section 2060.365  Client/Patient/Resident Rights

a)         To ensure that a client/patient/resident's rights are protected, each organization shall have a written statement that describes the rights of such persons as specified in Article 30 of the Act.  The rights document can be a form provided by DHS/SUPR or be designed by the organization, but shall contain, at a minimum, the following components:

1)         That access to services shall not be denied on the basis of, including but not limited to, race, color, sex, religion, national origin, ancestry, age (40 and over), order of protection status, marital status, sexual orientation (including gender-related identity), HIV status, physical or mental disability, unfavorable discharge from military service, pregnancy, citizenship status, employment status, familial status, or arrest record;

2)         That there is access to services, either through direct service or referral, for any person on MAR or who has specific needs related to MAR;

3)         Assurance that HIV/AIDS status and testing remains confidential;

4)         Assurance that all treatment services remain confidential, as specified in 42 CFR 2;

5)         The right to nondiscriminatory access to services, as specified in the American with Disabilities Act of 1990;

6)         The right to give or withhold informed consent for intervention or treatment services;

7)         The right to refuse a specific treatment procedure and to be informed of the consequences of such refusal; and

8)         The right of any adolescent to consent to treatment without approval of the parent or legal guardian in accordance with the Consent by Minors to Medical Procedures Act [410 ILCS 210].

b)         Prior to the initiation of services, the client/patient/resident shall attest by signature and date that they have reviewed and received a copy of the written statement of rights and this signatory document shall be maintained in the client/patient/resident record.

c)         The statement of client/patient/resident rights shall be displayed in an area accessible to clients/patients/residents.

d)         The organization shall inform each client/patient/resident of the route of appeal available when a person disagrees with the organization's decision or policies and of how to file a formal complaint with DHS/SUPR.

e)         The organization shall comply with the right of any adolescent to consent to treatment services without approval of the parent or legal guardian in accordance with the Consent by Minors to Medical Procedures Act [410 ILCS 210].

f)         As required by Sections 2060.350 and 2060.355, the client/patient/resident shall be given written notice of the uses and disclosures of protected health information that will be collected and maintained, and the rights provided by law.