No one living in a nursing home should fear punishment for speaking up. For too long, residents who reported abuse, neglect, or mistreatment risked being retaliated against by Nursing facilities and staff. A new Illinois law seeks to change that.
Starting January 1, 2026, Public Act 103-1069 strengthens protections for Illinois nursing home residents by amending the Nursing Home Care Act. The new law makes it explicitly illegal for facilities or staff to retaliate against residents who:
- File complaints or grievances
- Testify in hearings
- Report violations to supervisors or outside agencies
- Participate in investigations or enforcement proceedings
- Seek transfer to independent living
- Join a union, resident council, or similar group
- Or otherwise assert their rights in good faith
Retaliation could take many forms: denying meals, limiting access to visitors or activities, issuing unjustified transfers, or withholding necessary care. These acts not only violate a resident’s dignity, but they also silence those trying to protect themselves or others from harm. Any form of neglect or abuse in a nursing home is grounds for legal action.
“When nursing home residents are punished for asserting their rights, it undermines the very foundation of the Nursing Home Care Act -- a law designed to protect their dignity, safety, and autonomy. This new amendment affirms what should already be clear: retaliation is not just unacceptable, it is abuse.”
Under the new law, residents who face retaliation may sue for civil damages equal to the facility’s average monthly Medicaid billing rate. This creates a meaningful financial deterrent for facilities that try to punish residents for speaking up.
New Facility Obligations:
- Annual Notice: Every year, facilities must provide residents and their next of kin with a written summary of their right to be free from retaliation, how to file a complaint, and the legal remedies available under the law.
- Staff Training: All staff members must undergo annual retaliation prevention training to ensure they understand examples of retaliation, how to respond to complaints appropriately, and residents’ rights under the Nursing Home Care Act.
Levin & Perconti - Advocates for Nursing Home Residents
At Levin & Perconti, we’ve long advocated for stronger protections for nursing home residents. This new law is an important step forward, but it’s only effective if families know their rights and are empowered to act when those rights are violated.
If your loved one experienced retaliation or abuse in an Illinois nursing home, we’re here to help you understand your legal options and seek justice.
Read the full text of the law: Public Act 103-1069
More from the Illinois State Bar Association: ISBA Summary
