Illinois Nursing Home Care Act: Your Family Member’s Rights

The Illinois Nursing Home Care Act is the primary state law protecting residents of licensed long-term care facilities. If a family member lives in a nursing home, assisted living facility, or similar setting, the Illinois Nursing Home Care Act gives them enforceable legal rights — and gives your family a private path to court if those rights are violated. Understanding what the Act guarantees is an essential step before taking any legal action.

This article provides general legal information; consult with a licensed Illinois attorney for advice specific to your situation.

What Is the Illinois Nursing Home Care Act?

The Illinois Nursing Home Care Act, codified at 210 ILCS 45, governs the licensing, operation, and resident rights in nursing facilities throughout Illinois. The Act sets minimum standards of care, enumerates specific rights that every resident is entitled to, and — critically — creates a private right of action that allows residents and their families to sue in civil court when those standards are violated. This distinguishes it from purely regulatory frameworks that rely only on government enforcement.

The Act works in parallel with federal requirements under 42 CFR 483 Subpart B, which establishes federal residents’ rights for all Medicare- and Medicaid-certified facilities. Where Illinois law provides stronger protections, the state standard controls.

Resident Rights Under 210 ILCS 45/2-101

Section 2-101 of the Illinois Nursing Home Care Act sets out an extensive list of rights to which every resident is entitled. These rights are not suggestions — facilities are legally required to honor them. Key rights under 210 ILCS 45/2-101 include:

• The right to civil and religious liberties, including the right to exercise all rights as a citizen of the United States and the State of Illinois without interference.
• The right to private and uncensored communication, including the right to send and receive personal mail unopened, to have private telephone conversations, and to meet privately with visitors.
• The right to present grievances on behalf of oneself or others to the facility’s staff, administrator, governmental officials, or any other person, and to join with other residents or individuals to work for improvements in care, without fear of interference, coercion, discrimination, or reprisal.
• The right to organize and participate in resident groups in the facility, and to have family members and friends meet in the facility with the resident groups of other residents.
• The right to participate in social, religious, and community activities that do not interfere with the rights of other residents.
• The right to examine, at reasonable times, all current inspection reports and findings of deficiencies, as well as the facility’s plan of correction.
• The right to privacy and confidentiality in personal records, and the right to approve or refuse the release of personal and medical records to any individual outside the facility except as required by law.
• The right to retain the services of a personal physician and to be fully informed of one’s own medical condition and medications prescribed.
• The right to refuse treatment to the extent permitted by law and to be informed of the medical consequences of doing so.
• The right to manage personal financial affairs, or to be provided quarterly accounting statements if the facility manages those funds.
• The right to be free from mental and physical abuse, physical and chemical restraints (except as authorized in writing by a physician for a specified time period), and isolation.
• The right to receive adequate and appropriate health care and protective and support services, including services consistent with the care plan and residents’ rights.
• The right to be treated with courtesy, respect, and dignity, and to have that treatment extended to property and personal affairs.
• The right to not be transferred or discharged except for specific permissible reasons, and then only after proper notice and with opportunity to appeal.

This is not an exhaustive list — Section 2-101 contains additional protections. Families who believe any of these rights have been violated should document their concerns and seek legal advice promptly.

The Right to Sue — and the Right to Recover Attorney Fees

One of the most important — and often overlooked — features of the Illinois Nursing Home Care Act is the private right of action established in 210 ILCS 45/3-601. This provision allows any resident or their legal representative to bring a civil lawsuit against a facility that violates the Act’s requirements or fails to meet the standard of care.

Section 210 ILCS 45/3-602 goes further: it provides that a prevailing plaintiff is entitled to recover reasonable attorney fees and costs in addition to any compensatory damages. This fee-shifting provision is significant because nursing home litigation can be expensive — it requires expert witnesses, medical record review, and substantial preparation. Without fee-shifting, the cost of litigation could effectively bar families from pursuing legitimate claims regardless of how strong the evidence is. Under the Act, a facility that wrongfully harmed a resident cannot use the cost of justice as a shield.

For families researching their options, our nursing home abuse resources provide additional context on the types of claims Illinois law supports.

Federal Protections Under 42 CFR 483 Subpart B

Illinois residents in Medicare- or Medicaid-certified facilities are also protected by federal residents’ rights regulations found at 42 CFR Part 483, Subpart B. Federal law guarantees residents the right to be fully informed of their rights and facility rules, to choose their own physician, to be free from chemical and physical restraints imposed for purposes of discipline or convenience, to privacy in medical treatment, and to voice grievances without discrimination or reprisal.

Federal regulations are enforced primarily through the survey and certification process administered by the Centers for Medicare & Medicaid Services (CMS) and, in Illinois, through IDPH. However, federal residents’ rights violations can also provide supporting evidence in a state civil lawsuit under the Nursing Home Care Act, and IDPH inspection reports documenting federal deficiencies are routinely used as evidence in litigation.

What to Do If a Family Member’s Rights Have Been Violated

If you believe a nursing facility has violated your family member’s rights under the Illinois Nursing Home Care Act or federal regulations, consider the following steps:

• Document everything. Keep a written log of incidents with dates, times, and the names of any staff members involved. Take photographs where relevant.
• Request facility records. Under Illinois law, residents and their authorized representatives are entitled to copies of their medical records and care plans.
• File a complaint with IDPH. Call the Illinois Department of Public Health complaint hotline at 1-800-252-4343 or submit a complaint online at dph.illinois.gov. IDPH can investigate and cite the facility for deficiencies.
• Contact the Long-Term Care Ombudsman. The Illinois Long-Term Care Ombudsman program (1-800-252-8966) provides free advocacy services for nursing home residents.
• Consult an attorney promptly. Illinois statutes of limitations apply to nursing home claims, and early consultation preserves options and protects evidence.

Talk to a Chicago Attorney — Free Consultation

If you or a family member has been harmed, the attorneys at Phillips Law Offices are ready to help. Call (312) 346-4262 or contact us online for a free, no-obligation consultation. We handle cases throughout the Chicago metropolitan area.