| Right
to safety and good care |
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Your
facility must provide services to keep your physical and mental
health, and sense of satisfaction with yourself, at their
highest practical level.
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Your
facility must be clean and stay at a healthy temperature.
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You
must not be abused by anyone-physically, verbally, mentally
or sexually.
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Your
facility must not physically restrain you unless there is
no other way to keep you safe and you agree to the restraint.
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You
may be given medicine intended to change your mood or how
you think only with YOUR permission and only as part
of an overall plan designed to change or remove the problems
for which the medicines are given.
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| Your
rights to participate in your own care |
| Your
facility must develop a written care plan, which states all
the services your facility will provide to you and everything
you are expected to do. Your facility must make reasonable arrangements
to meet your needs and choices. |
| You
may go to the care plan conference where your care plan is decided.
You may choose to have family, friends or a representative participate
in the care plan conference. |
| You
have the right to choose your own doctor. You will have to pay
the doctor yourself unless Medicare, your insurance plan or
Medicaid will pay the doctor bill. |
| Your
family must tell you the name and specialty of each doctor responsible
for your care, and how to contact that doctor. |
| You
have the right to be in charge of taking your own medicine if
your care planning team and your doctor say that you are able
to do so. |
| You
have the right to refuse any medical treatment. If you refuse
a treatment, your facility must tell you what may happen because
of your refusal and tell you of other possible treatments. |
| You
have the right to complete information about your medical condition
and treatment in a language that you can understand. |
| You
have the right to make a Living Will or a Durable Power of Attorney
for Health Care, so the facility will know your wishes if you
can no longer speak for yourself. |
| You
may refuse to participate in any experimental treatment on you
or allow anyone to use information about you for research without
your permission. |
| Your
facility must allow you to see your medical records within 24
hours of your request. You may purchase a copy of part or all
of your record at a reasonable copy fee with two working days
advance notice. |
| Your
facility may not require you to work. |
| You
have the right to move out of your facility after you give the
administrator, nurse, or doctor written notice that you plan
to move. |
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| Your
right to privacy |
| Your
medical and personal care are private. Facility staff must respect
your privacy when you are being examined or given care. |
| Facility
staff must knock before entering your room. |
| Your
facility may not give information about you or your care to
unauthorized persons without your permission, unless you are
being transferred to a hospital or to another health care facility. |
| You
may ask any visitor to leave your personal living area at any
time. |
| You
have the right to make and receive phone calls in private. |
| Your
facility must deliver your mail to you promptly, and promptly
send mail out for you. Your facility may not open your mail. |
| If
you are married, you and your husband or wife have the right
to share a room unless no room is available or your doctor has
said you cannot share a room for medical reasons. |
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| Your
rights regarding your money |
| You
have the right to manage your own money. Your facility may not
require you to let them manage your money or be your Social
Security representative payee. |
| If
you ask your facility to manage your personal money for you,
it must do so (Medicare or Medicaid certified facilities only). |
| If
your facility manages your money, it may spend your money only
with your permission. |
| If
your facility manages your money, it must give you an itemized
written statement at least once every three months of all the
money put into your account and all of the money taken out of
your account. |
| If
your facility manages your money, it must put your money in
a bank account that earns interest for you if: you live in a
Medicaid facility and have over $50 or you live in a licensed
only facility and have over $100. |
| If
you die, within 30 days of your death your facility must give
your family, or whoever is in charge of distributing your property,
a final accounting of all money left in any account which the
facility manages for you. |
| You
may see your financial record at any time. |
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| Your
personal property rights |
| You
have the right to keep and wear your own appropriate clothing. |
| You
may keep and use your own property, including some furniture
if there is enough space, unless this interferes with the health
and safety of other residents. |
| You
have the right to expect your facility to have a safe place
where you can keep small valuables which you can get to daily. |
| Your
facility must try to keep your property from being lost or stolen.
If your property is missing, the facility must try to find it. |
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Your
rights in paying for your care,
and getting Medicare and Medicaid |
| If
you are paying for some or all of your care at the facility,
you must be given a contract that states what services are provided
by the facility and how much they cost. The contract must say
what expenses are not part of the regular rate. |
| Your
facility must not require anyone else to sing an agreement saying
that they will pay your bill if you cannot pay it yourself.
The only one who can be required to pay your bill for you is
a court appointed guardian or someone else who is handling your
money for you. |
| Your
facility must give you information about how to apply for Medicaid
and Medicare and rules about "spousal impoverishment." Spousal
impoverishment rules allow you to give money and property to
your husband or wife and still be eligible for Medicaid. |
| You
have the right to apply for Medicaid or Medicare to help pay
for your care. Your facility must not make you promise not to
apply for Medicare of Medicaid. |
| If
you get Medicaid, the facility may not make you pay for anything
that Medicaid pays for. The facility must give you a written
list of what items and services Medicaid pays for, and for items
and services for which you could be charged. |
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| Your
right to stay in your facility |
| You
have the right to be told in advance if your room or roommate
is being changed (Medicare or Medicaid certified facilities
only). |
| You
have the right to keep living in your facility, unless your
facility forces you to move because you are dangerous to yourself
and others, for medical reasons, you have not paid or are late
paying your bill, or your facility closes. |
| You
can not be forced to leave your facility because you are applying
for Medicaid or you are on Medicaid and a Medicaid bed is available.
It is important to ask the facility how many Medicaid beds it
has. |
| If
your facility wants to force you to move, you must be given
a written notice 21 days ( State licensed facilities) or 30
days (Medicaid or Medicare certified facilities) before the
day it wants you to move. The notice must tell you why your
facility wants you to move and how you can appeal to the Illinois
Department of Public Health. Your facility must give you the
forms you need to appeal, and a stamped, addressed envelope
for you to use to mail your appeal to the Department of Public
Health. |
| You
have a right to ask the Long Term Care Ombudsman for help in
appealing your facility's forcing you to move. Call 1-800-252-8966
(voice and TTY). |
| If
you appeal to the Department of Public Health, usually your
facility cannot make you leave until the appeal is decided. |
| Before
your facility can transfer or discharge you, it must provide
preparation and orientation to be sure that your discharge is
safe. |
| You
must be allowed to return to your facility after you are hospitalized,
unless your facility gives you written notice as described above. |
| If
you get Medicaid and are hospitalized for ten or fewer days,
your facility must let you return when you leave the hospital.
If you are hospitalized for more than ten days, your facility
must let you return if it has a bed available and you still
need that kind of care. If your facility is full, you must be
allowed to have the first available semiprivate room, if you
still need that kind of care. |
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| Your
right as a citizen and a facility resident |
| Your
facility must let you see reports of all inspections by the
Illinois Department of Health, from the last five years and
the most recent survey of your facility along with any plan
that your facility gave to the surveyors saying how your facility
plans to correct the problem. |
| You
do not loose your rights as a citizen of Illinois and the United
States because you live in a long-term care facility. |
| If
a court of law has appointed a legal guardian for you, your
guardian may exercise your rights for you. |
| If
you have named an agent under a Durable Power of Attorney for
Health Care, your agent may exercise your rights for you. |
| You
have freedom of religion. At your request, the facility must
make arrangements for you to attend religious services of your
choice as long as you agree to pay any cost. The facility may
not force you to follow any religious beliefs or practices and
cannot require you to attend any religious services. |
| You
have the right to vote for the candidate of your choice. |
| You
have the right to participate in social and community activities
that do not interfere with the rights of other residents. |
| You
have the right to participate with other residents in the resident
advisory council. Your facility must respond to concerns raised
by the council. |
| You
have the right to meet the Long Term Care Ombudsman, community
organizations, social service groups, legal advocates, and members
of the general public who come to your facility. Representatives
of these groups may come to your facility to give you services,
tell you about your rights, or help you assert your rights. |
| You
have the right to present grievances to your facility and to
get a prompt response. Your facility may not threaten or punish
you in any way for asserting your rights or presenting grievances. |
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You
have the right to present grievances to outside organizations
and advocates including the following agencies:
-
Long Term Care Ombudsman,
1-800-252-8966 (voice and TTY);
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Equip for Equality, Inc., for persons with mental
illness or developmental disabilities, 1-800-537-2632 (voice
and TTY);
- Illinois
Department of Public Health,
1-800-252-4343 or 1-800-526-0844 (voice and TTY).
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