Resident's Rights for People in Long Term Care ... - State of Illinois

State of IllinoisIllinois Department on AgingResidents’ Rightsfor People inLong-term Care FacilitiesAs a long-term care facility resident in Illinois,you are guaranteed certain privilegesaccording to rights, protections andState and Federal law.Illinois Long-Term Care Ombudsman ProgramIllinois Department on Aging, One Natural Resources Way, #100, Springfield, Illinois 62702-1271Senior HelpLine: 1-800-252-8966, 1-888-206-1327 (TTY) l www.state.il.us/agingDownload this brochure at www.state.il.us/aging in the “News and Publications” section.Ombudsman...Resident AdvocateCall 1-800-252-8966 to learn moreProtecting, Advocating and Promoting the Rightsof Residents in Long-term Care FacilitiesThe Illinois Department on Aging does not discriminate in admission to programs or treatment of employmentin compliance with appropriate State and Federal statutes. If you feel you have been discriminated against,call the Senior HelpLine at 1-800-252-8966, 1-888-206-1327 (TTY).IOCI 558-11 (Rev.3/11 - 20M) Printed by Authority State of Illinois

You have the right to…u safety and good careu Your facility must provide services to keep yourphysical and mental health, and sense of satisfaction.u You must not be abused by anyone — physically,verbally, mentally, financially or sexually.u participate in your own careu Your facility must develop a written care plan thatstates all the services it provides.u Your facility must make reasonable arrangementsto meet your needs and choices.people with disabilities in all aspects of communityliving regardless of age. Call:Equip for Equality1-800-537-26321-800-610-2779 (TTY)5File a grievance with the Central Complaint Registry.Illinois has a formal Central Complaint Registry in theIllinois Department of Public Health. If you think yourfacility is violating your rights or those of your fellowresidents, you can make a complaint against it. TheIllinois Department of Public Health will investigate yourgrievance. If a violation has been found, the long-termcare facility will be cited; and corrective action will betaken. Call:Central Complaint Registry1-800-252-43431-800-547-0466 (TTY)1u You have the right to choose your own doctor.u You have the right to all information about yourmedical condition and treatment in a language thatyou understand. You also have the right to see yourmedical records within 24 hours of your request.u You have the right to make a Durable Power ofAttorney for Health Care, Living Will, Declaration forMental Health or Do Not Resuscitate Order.u privacyu Your medical and personal care are private.u Facility staff must knock before entering your room.u Your facility may not give information about you oryour care to any unauthorized person(s) without yourpermission.hTo obtain copies of the following brochures:u Residents’ Rights for Persons Residing in Supportive Living Facilitiesu Residents’ Rights for People in Intermediate Care Facilitiesfor the Developmentally DisabledCall 1-800-252-8966, 1-888-206-1327 (TTY), orVisit www.state.il.us/aging on the Web and link to“News and Publications.”6

u You have the right to private visits, unless your doctorhas ordered limited visits for medical reasons.If the rights presented in this booklet are not appliedwithin your facility, the following actions are suggested:1Define the problem. Writing it down may help makeclear exactly what has happened and why it is wrong.When did it happen? (Give times and dates, if possible.)Who was involved or saw the incident? Ask questions ofothers who may be involved or know about the problem.2Talk to the staff. If it seems appropriate, talk aboutthe problem with the staff responsible for taking careof you. Find out the facility procedures for resolvingproblems or concerns. If this does not seem like a goodidea, or if you are not satisfied after you do so, considertalking to the facility administrator, the administrator’sdesignee, your physician, the director of nursing, thesocial worker or the floor nurse.3Participate in the Resident Council. The ResidentCouncil may raise concerns on behalf of a resident.4Ask for assistance. If you or the Resident Councilneed help solving a problem, you may ask the IllinoisLong-Term Care Ombudsman Program for assistance.The program offers confidential help to older adults whohave questions, concerns or complaints regarding thecare they are receiving in their long-term care facility.Call:Illinois Department on Aging1-800-252-89661-888-206-1327 ( TTY)If the problem relates to a person with a developmentaldisability or mental illness, you may ask for help fromEquip for Equality, a non-profit organization named bythe Governor to provide protection and advocacy foru You have a right to make and receive phone calls inprivate.u If you are married, you and your spouse have the rightto share a room, if available.u money managementu You have the right to manage your own money.u Your facility may not become your money managernor your Social Security representative payee withoutyour permission.u You may see your financial record at any time.The facility must give you an itemized statement atleast once every 3 months.u contract informationu You must be given a contract that states what servicesare provided and how much they cost.u Your facility must not require anyone else to sign anagreement stating they will pay for your bill unlessthey are your court appointed legal guardian.u Medicaid and Medicare informationu You have the right to apply for Medicaid or Medicareto help pay for your care.u Your facility must give you information on how toapply for Medicaid, Medicare and SpousalImpoverishment.5u If you receive Medicaid, the facility cannot make youpay for anything for which Medicaid pays.2

u stay in your facilityu You have the right to keep living in your facility.u The facility can force you to leave because:…you have not paid your bill,…you are dangerous to yourself or others,…your medical needs cannot be met, or…the facility closes.u You must be given a written notice if your facilityrequests that you leave. This notice must include:…why you are being asked to move,…how to file an appeal, and…a self-addressed envelope to be mailed tothe Illinois Department of Public Health.u You have the right to appeal your discharge within10 days. Contact the Illinois Department on Aging forhelp regarding your involuntary discharge notice. Call1-800-252-8966, 1-888-206-1327 (TTY).u In most cases, if you receive Medicaid, you must beallowed to return to your facility when you leave thehospital, even if the facility has given you a writtendischarge notice. If you are hospitalized for more than10 days, your facility must let you return if/when it hasa bed available. If you are private pay, the facility isrequired to advise you in writing of any action youmust take to hold your bed while hospitalized.Remember, you do not lose your rightsas a citizen of Illinois and the United Statesbecause you live in a long-term care facility.u You have the right to vote.u You have the right to participate in social andcommunity activities that do not interfere with therights of other residents.u You have the right to participate with other residentsin the Resident Council.u You have the right to meet with the Long-term CareOmbudsman, community organizations, social servicegroups, legal advocates and members of the generalpublic who come to your facility.u You have the right to present grievances and to get aprompt response from the facility.u Your facility may not threaten or punish you in anyway for asserting your rights or presenting grievances.u You have the right to be told in advance if your roomor roommate is being changed.3 4