Illinois Nursing Home Laws

In addition to federal laws, the safety and rights of nursing home residents in Illinois are protected under the Illinois Nursing Home Care Act. The Illinois Department of Public Health is in charge of enforcing the Nursing Home Care Act throughout the state. All facilities that fall under the definition of a long-term care facility are required to comply with the Act. According to the Act (210 ILCS 45/1 113), a "long term care facility" is defined as a "private home, institution, building, residence, or any other place, whether operated for profit or not, or a county home for the infirm and chronically ill...which provides, through its ownership or management, personal care, sheltered care or nursing for 3 or more persons, not related to the applicant or owner by blood or marriage."

The Illinois Nursing Home Care Act establishes the rights of residents and the responsibilities of facilities to protect residents from nursing home abuse and neglect.

Under the Illinois Nursing Home Care Act, Residents' Rights include, but are not limited to:

  • All residents have the right to remain free from abuse and neglect
  • All residents have the right to manage their own financial affairs
  • All residents have the right to wear their own clothes and keep their personal belongings in their rooms
  • All residents have the right be cared for by their own doctor under their own health insurance or at their expense
  • All residents (or their guardians) are afforded the right to access and look over all medical records related to their care
  • All residents have the right to religious freedom
  • All residents have the right to refuse treatment
  • All residents have the right be free from restraints, unless ordered by a physician to protect a resident
  • All residents have the right to visitors, mail and phones

When a long-term care facility violates the Illinois Nursing Home Care Act, it endangers the safety and well-being of residents living under its care. If you believe that a loved one was harmed or injured because an Illinois nursing home violated the Nursing Home Care Act, you may be entitled to compensation for your injury or loss. Since 1992, our Chicago injury lawyers have handled complex nursing home cases and are happy to counsel you on your legal options. Call 312-332-2872 or 877-374-1417 or complete our Contact Us form for a free and confidential consultation.