Written by Malman Law, reviewed by Steve J. Malman.
Nursing home residents have certain rights and protections under both state and federal laws. Not only is a nursing home in Illinois required to provide residents with their rights in writing, but any violation of these rights can result in an official complaint or lawsuit if there are significant damages.
As a nursing home resident, you are guaranteed protection under the federal 1987 Nursing Home Reform Law (NHRL). This law is a model that serves as a public policy for residents and nursing home companies.
Under this federal policy, nursing homes must not only protect the rights of residents but advocate for their residents. Nursing homes must meet all federal requirements if they are to participate and receive compensation through Medicare and Medicaid programs.
Some states have their own nursing home rights and regulations too. A nursing home operating in one of these states must adhere to the state’s rights and regulations in addition to the federal standards for compliance.
In Illinois, 210 ILCS 45, Nursing Home Care Act, lists residents rights too. Therefore, we will explore not only your federal rights but those also specific to the state of Illinois.
Under the federal law, nursing homes must care for their residents and promote a quality of life for those residents.
That includes providing services and activities to ensure the highest degree of mental, physical, and emotional well-being – all that is outlined in an official care plan.
Under the NHRL, residents of nursing homes across the country have the right to:
All nursing home residents must be fully informed about services available to them at their nursing home and the costs of those services. They must also receive a copy of any nursing home rules, regulations, and their federal/state rights.
New residents and current residents must have access to the address and telephone of their Ombudsman and access to any state survey reports.
If the resident does not speak English, the nursing home is required to provide them with a copy of their rights and other important information in the language they do speak – including Braille for those who are blind.
All residents have the right to complain if they feel their rights are being violated. Grievances may be presented to staff and administrators, and the nursing home is federally barred from reprimanding or using adverse actions against that resident for their complaint.
Residents also have the right to send complaints to the state ombudsman program or file a complaint with the state survey.
A resident has the right to participate in their care and the creation of a written care plan. Not only must they receive adequate care based on specific needs, but be informed of changes, participate in assessments, and have the right to refuse medication or treatment.
They must also have the right to refuse any chemical or physical restraints and be free from paying out-of-pocket for services covered by Medicare or Medicaid programs.
Residents of nursing homes have the right to privacy and confidentiality just as a patient expects from a doctor. All treatments, medical, personal, and financial matters must be protected.
In the event a resident is transferred to another facility or discharged, their rights continue and include:
A nursing home resident must be treated with respect, be free of abuse (including mental or emotional abuse), be treated with consideration and dignity, and have security of personal possessions stored on the premises.
Residents are entitled to on-site visits by a physician, including the personal physician of their choosing. Furthermore, residents have the right to visitation from family, friends, and other individuals of their choosing. Visitors that offer social, legal, or health services are also allowed to visit the resident at their request. Residents equally have the right to refuse any visitors.
A resident has the right to make independent, personal decisions, including how to spend their free time or the clothing they want to wear. The nursing home must provide reasonable accommodations based on a resident’s needs. A resident also has the right to choose their treating physician, manage their finances or select a proxy, participate in the Resident Council, and participate in social activities inside and outside of the nursing home.
Some of the Illinois nursing home resident rights do overlap federal rights, but they are equally essential to understand. If a nursing home violates state resident rights, you will file your complaint with the state survey agency as well as the Ombudsman.
Under 210 ILCS 45/2-101, no resident will be deprived of rights, benefices, or the privileges given to them by the law of the state or federal government just because they are a resident of a nursing home.
All residents of Illinois nursing homes are entitled to:
Illinois wants to improve the quality of life for their residents, which is why the Act lists specific fundamental rights including:
If you think that your federal or state rights have been violated or you suspect that a nursing home is abusing a loved one, you have several steps to consider. First, if there is physical abuse, contact local law enforcement and file a police report. Then, contact your state Ombudsman and report the abuse or mishandling of the resident immediately.
Next, contact an attorney that handles nursing home abuse and neglect cases. While there are state and federal rights designed to protect residents, not all nursing homes honor these resident protections.
You have the right to hold a nursing home accountable for their neglect, abuse, and outright ignorance of the law.
Speak with an attorney today from Malman Law, and let our advocates fight for your nursing home rights.
Schedule a free consultation with our attorneys now at 888-625-6265 or request more information about nursing home abuse, rights, or neglect online.
Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.
Years of experience: +30 years
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024