Illinois Nursing Home Laws

The primary state law that applies to assisted living facilities like these is the Illinois Nursing Home Care Act, which is codified as 210 ILCS 45/. This state statute aligns with and, in some cases, amplifies federal nursing home laws. This Illinois statute ensures residents aren’t deprived of any privileges, rights, or benefits that state or federal law entitles them and affords them additional rights in specific instances. Continue reading, and we’ll break down the key provisions afforded to residents under this Illinois law.

Digging Into the Subsections of the Illinois Nursing Home Care Act

While the abovementioned are some general provisions in the state statute listed above, they’re not the only ones. Let’s look at some important subchapters to that law, which are as follows (in sequential order):

• Ensuring access to basic necessities: Nursing home residents have a right to the timely provision of basic human needs, including personal hygiene and toileting, food and water, and medications per 210 ILCS 45/2/101.1.
• Managing control over one’s own money: Code section 210 ILCS 45/2-102 spells out how residents have the right to manage their own finances if they so choose.
• Access to your personal belongings: Individuals living in these facilities cannot be deprived of access to their own personal clothing or other property, and, in fact, nursing homes must provide adequate storage for these items and security for valuables per 210 ILCS 45/2-103.
• Choice of physicians and dominion over medical care privacy concerns: Those living in nursing homes can decide to see doctors of their own choice at their own expense if they so desire. They also have a right to maintain the privacy of their health information, and those beyond their medical providers have access to it, according to 210 ILCS 45/2-104.
• A right to re-evaluation upon a change in facility ownership: If a loss of licensure leads to a change in who owns the home, then 210 ILCS 45/2-104.1 describes how the new owner must reassess patients and their surroundings as if they newly arrived to ensure their needs are met and they’re in a safe environment.
• Nursing homes must honor residents’ living wills: Since individuals residing in these long-term care facilities are often older or in fragile states, it’s important to know that the portion of this state law codified as 210 ILCS 45/2-104.2 requires staff to uphold any living will or “do not resuscitate” order you may have legally documented.
• Re-screening when presenting with significant mental health concerns: Code section 210 ILCS 45/2-104.3 requires the Department of Human Services to reassess anyone who has resided in a nursing home for 90 or more days after being diagnosed with a particularly concerning mental illness. Aside from a re-screening at the 90-day mark, one should occur at a 6-month point and again annually to determine what type of continued caregiving the patient may require.
• A right to privacy when receiving medical attention: Anyone besides medical providers directly responsible for a resident’s care must seek their consent to be present during consultations, discussions, evaluations, and when treatment is being administered per 210 ILCS 45/2-105.
• Freedom from the use of unnecessary restraints: Nursing home employees cannot utilize chemical or physical restraints without a doctor ordering them as medically necessary or unless you (or a legal representative) specifically consent to their use per 210 ILCS 45/2-106. There are very few exceptions, such as temporary use when life-saving care is being offered, written into Illinois nursing home laws like this.
• Voice your preference on wearing an ID bracelet: It’s commonplace for memory care facilities to have residents prone to wandering wear identification wristlets, as these bracelets are sometimes referred to, to notify anyone who may come into contact with them of the same. This section of state statute, 210 ILCS 45/2-106a, does allow residents who don’t have memory disorders to choose to or not to wear these. Additionally, a power or attorney or guardian can choose whether someone with Alzheimer’s wears one.
• Choice over medical treatments and medicines received: Residents are allowed to make decisions about what medical treatments they receive or decline, including medications or prescription drugs, per 210 ILCS 45/2-106.1.
• Not having to face abuse or neglect: Code 210 ILCS 45/2-107 outlines how residents shouldn’t have to fear abusive or neglectful treatment in nursing homes. This law also explains how staff at nursing homes are considered mandated reporters responsible for reporting any suspected abuse or neglect a resident is facing.
• Entitlement to personal conversations and visits: This part of our state law, codified as 210 ILCS 45/2-108, generally prohibits nursing care facilities from coming between a ward and private visits with family members, cohabitation with their spouse, or receipt of correspondence, such as phone calls, letters, or emails. A few exceptions to this rule, such as if the governor were to issue a proclamation pursuant to section 7 of the Illinois Emergency Management Act.
• Freedom to practice one’s religion: Facility staff must allow nursing home residents to engage in religious observances freely, even if it includes making arrangements so they can attend services. However, on the flip side of the coin, no resident can be made to attend religious events if they do not want to per 210 ILCS 45/2-109.
• Meeting freely with certain representatives and members of society at large: State law 210 ILCS 45/2-110 describes how lawyers, government representatives like social workers or police, and other members of society, in general, must be allowed to meet with you, provided they request to do so at reasonable times and are looking to tell you what your rights are, represent you, or extend services to you.
• The right to discharge from the assisted living facility: This section of the law, 210 ILCS 45/2-111, specifies how nursing homes cannot withhold a resident if they or their guardian (if applicable) request their discharge.
• Entitlement to file grievances: Some residents face discrimination, abuse or neglect, and other ill-treatment in their care facilities. They have the right to present grievances to facility administration, our state’s Long-Term Care Facility Board, and any other appropriate authorities without fear of reprisal (like a discharge). Nursing home staff must additionally provide residents with contact information to wage such grievances upon their request per 210 ILCS 45/2-112.
• Declining a request to work: Employees cannot request that you perform work for them or their employer; however, if you do accept any role at the facility, you must be compensated at a fair wage, and the role must be therapeutic in nature (in alignment with your care plan) per 210 ILCS 45/2-113.
• You can take video surveillance of your room: Code section 210 ILCS 45/2-115 describes how residents are entitled to electronically monitor their own rooms, provided the cameras’ placement aligns with the requirements outlined in the Illinois Authorized Electronic Monitoring in Long-Term Care Facilities Act.

While the laws above are certainly not the only ones that apply to nursing homes in Illinois, they’re some of the more notable ones that highlight residents’ rights that are often violated by staff members (and others). We’re hopeful this resource guide of Illinois nursing home laws clarifies your rights so that if someone violates them, you can hold them accountable for doing so if you so choose.