Section 677.100  Customer Bill of Rights

Customers of the Home Services Program have the right to basic safety; information; choice, participation and self-determination; dignity and individuality; redress grievances; and fiduciary assistance in securing their rights.

a)         Basic safety includes:

1)         the right to protection from physical, sexual, mental and verbal abuse, neglect and exploitation, including financial exploitation;

2)         the right to be served by providers who are properly trained and are providing services within their scope of practice and the scope of their certification or licensure by the State;

3)         the right to have all personal, financial and medical information kept confidential;

4)         the right to have the provider of home care services respect the personal property of the Customer to whom it provides services and, if the Customer reports a theft or loss of personal property, the provider shall investigate and shall report back to the Customer the results of the investigation; and

5)         the right to freedom from coercion and restraint.

b)         Information includes:

1)         the right to be informed of the following by a provider within two weeks after starting to receive home care services:

A)        the Customer's rights under Section 17.1 of the Disabled Persons Rehabilitation Act [20 ILCS 2405] (Act); and

B)        the entities the Customer may contact if their rights are violated, including the name and contact information for DHS and the Department on Aging and other State and local agencies responsible for enforcing the Home Care Consumer Bill of Rights (Section 17.1 of the Act).

2)         the right to be informed about:

A)        the cost of home care services prior to receiving those services;

B)        whether the cost of services is covered under health insurance, long-term care insurance, or other private or public programs; and

C)        any charges the Customer will be expected to pay;

3)         the right to access information about the availability of the home care services provided in their community and has the right to choose among home care services and providers of home care services available in that community.

c)         Choice, participation, and self-determination includes:

1)         the right to participate in the planning of their services;

2)         the right to make choices about aspects of their services;

3)         the right to choose providers and schedules to the extent practicable and consistent with HSP rules and procedures, including, but not limited to, overtime and the number of hours a provider may work in a given day or week;

4)         the right to receiving reasonable accommodation of their needs and preferences;

5)         the right to include anyone they choose to participate with them in the service planning process;

6)         the right to be provided with sufficient information to make informed decisions;

7)         the right to be fully informed in advance about any proposed changes in care and services, and to be involved in the decision-making process regarding those changes to the extent practicable; and

8)         the right to refuse services and to receive an explanation of the consequences of doing so.

d)         Dignity and individuality includes:

1)         the right to receive home services in a way that promotes their dignity and individuality; and

2)         the right to be treated with respect at all times.

e)         Redress grievances includes:

1)         the right to express grievances about the quality of their home services, the number of hours of service, and any violations of their rights; and

2)         the right to receive prompt responses to those concerns and to be informed about who they may contact to have the grievances addressed in an appropriate and timely manner and without retaliation.

f)         Fiduciary assistance in securing a Customer's rights may be provided by the Illinois Department on Aging's Home and Community Ombudsman Program.  [20 ILCS 2405/17.1]

(Source:  Amended at 46 Ill. Reg. 20850, effective December 19, 2022)