(Text of Section before amendment by P.A.
653 words·~3 min read·
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(Text of Section before amendment by P.A. 104-191)
Sec. 95. Resident rights. No resident shall be deprived of any rights, benefits, or privileges guaranteed by law, the Constitution of the State of Illinois, or the Constitution of the United States solely on account of his or her status as a resident of an establishment, nor shall a resident forfeit any of the following rights:
(1)the right to retain and use personal property and a place to store personal items
that is locked and secure;
(2)the right to refuse services and to be advised of the consequences of that refusal;
(3)the right to respect for bodily privacy and dignity at all times, especially during
care and treatment;
(4)the right to the free exercise of religion;
(5)the right to privacy with regard to mail, phone calls, and visitors;
(6)the right to uncensored access to the State Ombudsman or his or her designee;
(7)the right to be free of retaliation for criticizing the establishment or making
complaints to appropriate agencies;
(8)the right to be free of chemical and physical restraints;
(9)the right to be free of abuse or neglect or to refuse to perform labor;
(10)the right to confidentiality of the resident's medical records;
(11)the right of access and the right to copy the resident's personal files maintained
by the establishment;
(12)the right to 24 hours access to the establishment;
(13)the right to a minimum of 90-days notice of a planned establishment closure;
(14)the right to a minimum of 30-days notice of an involuntary residency termination,
except where the resident poses a threat to himself or others, or in other emergency situations, and the right to appeal such termination; and
(15)the right to a 30-day notice of delinquency and at least 15 days right to cure
delinquency.
(Text of Section after amendment by P.A. 104-191)
Sec. 95. Resident rights. No resident shall be deprived of any rights, benefits, or privileges guaranteed by law, the Constitution of the State of Illinois, or the Constitution of the United States solely on account of his or her status as a resident of an establishment, nor shall a resident forfeit any of the following rights:
(1)the right to retain and use personal property and a place to store personal items
that is locked and secure;
(2)the right to refuse services and to be advised of the consequences of that refusal;
(3)the right to respect for bodily privacy and dignity at all times, especially during
care and treatment;
(4)the right to the free exercise of religion;
(5)the right to privacy with regard to mail, phone calls, and visitors;
(6)the right to uncensored access to the State Ombudsman or his or her designee;
(7)the right to be free of retaliation for criticizing the establishment or making
complaints to appropriate agencies;
(8)the right to be free of chemical and physical restraints;
(9)the right to be free of abuse or neglect or to refuse to perform labor;
(10)the right to confidentiality of the resident's medical records;
(11)the right of access and the right to copy the resident's personal files maintained
by the establishment;
(12)the right to 24 hours access to the establishment;
(13)the right to a minimum of 90 days' notice of a planned establishment closure;
(14)the right to a minimum of 30 days' notice of an involuntary residency termination,
except where the resident poses a threat to himself or others, or in other emergency situations, and the right to appeal such termination; if an establishment withdraws a notice of involuntary termination of residency, then the resident has the right to maintain residency at the establishment;
(15)the right to a 30-day notice of delinquency and at least 15 days right to cure
delinquency; and
(16)the right to not be unlawfully transferred or discharged.