Understanding Illinois’ Nursing Home Care Act

When you entrust a loved one to a nursing home, you expect compassion, professionalism, and accountability. In Illinois, those obligations are not just moral; they are legal. The Illinois Nursing Home Care Act protects the dignity, safety, and well-being of residents in long-term care facilities. If you’re concerned about the treatment your loved one is receiving, understanding this law can help you take action and pursue justice.

This post breaks down what the Nursing Home Care Act covers, how it empowers residents and families, and what steps to take if you suspect abuse or neglect.

What Is the Illinois Nursing Home Care Act?

The Illinois Nursing Home Care Act (NHCA) is a state law that sets forth the rights of nursing home residents and establishes legal standards for facility operations. It applies to any skilled nursing or intermediate care facility licensed by the Illinois Department of Public Health (IDPH).

Initially enacted in 1979, the Act was one of the first of its kind in the country. Its purpose is twofold:

1. Protect residents from abuse, neglect, and exploitation; and
2. Ensure adequate and appropriate care in nursing facilities.

This law holds nursing homes accountable by providing legal remedies for violations and empowering residents to assert their rights.

Key Protections Under the Illinois Nursing Home Care Act

Below are some of the most significant protections available under the Act. 

1. Resident Rights

One of the central elements of the Act is a robust Residents’ Bill of Rights. These rights include the right to:

• Be free from abuse and neglect,
• Manage their own finances,
• Choose their own physician,
• Privacy and confidentiality,
• Participate in their care plan and treatment decisions, and
• File grievances without retaliation.

These protections are meant to safeguard residents’ autonomy and dignity, regardless of their physical or cognitive abilities.

2. Staffing Requirements and Facility Standards

The Act also mandates specific staffing, supervision, and care planning standards, including:

• Ensuring that staff are adequately trained and qualified;
• Maintaining appropriate staff-to-resident ratios;
• Following proper medication administration protocols; and
• Meeting basic needs like hygiene, nutrition, and mobility assistance.

Violations of these standards may result in fines or penalties for the facility.

3. Protection Against Involuntary Discharge

Residents are legally protected from being discharged or transferred without proper notice or justification. The facility must follow due process and demonstrate that a discharge is:

• Necessary for the resident’s welfare,
• Required to protect other residents, or
• Due to nonpayment (after notice and grace period).

Even in these cases, residents can appeal and remain in the facility pending a final determination.

How the Illinois Nursing Home Care Act Empowers Legal Action

Unlike many other states, Illinois law allows private individuals to file lawsuits directly under the Nursing Home Care Act. That is a key distinction that provides families with a powerful legal tool.

If a facility violates the Act and a resident suffers harm, you can bring a civil action for:

• Personal injuries (such as bedsores, falls, or untreated infections);
• Pain and suffering;
• Medical expenses; and
• Wrongful death.

In addition to compensatory damages, the court may also award attorney’s fees and costs, an important provision making it easier for families to pursue justice.

How This Law Differs from Other Illinois Nursing Home Regulations

It’s important to distinguish the Illinois Nursing Home Care Act from other general Illinois nursing home regulations.

While both aim to ensure resident safety and quality care, the NHCA is unique because it:

• Creates enforceable private rights of action for residents,
• Clearly outlines resident rights and legal remedies, and
• Includes penalties and attorneys’ fees for violations.

In contrast, administrative regulations enforced by the IDPH set broader licensing and operational standards. These regulations are often enforced through inspections, citations, and fines, but may not always result in direct recourse for victims and their families.

The Role of the Illinois Long-Term Care Ombudsman

Another vital component of nursing home advocacy in Illinois is the Illinois Long-Term Care Ombudsman Program. The Illinois Ombudsman protects resident rights by:

• Investigating complaints about abuse, neglect, or violations of rights;
• Assisting residents with grievances or care disputes;
• Mediating between families and facility staff; and
• Educating residents and caregivers about their legal protections.

You can contact your local Ombudsman through the Illinois Department on Aging or by calling the Senior HelpLine at 1-800-252-8966. While the Ombudsman cannot file lawsuits, they can help you understand your rights and refer you to legal resources if needed.

How to Take Action If You Suspect a Violation

If you believe your loved one is being mistreated or neglected in an Illinois nursing home, don’t wait. You have several ways to act:

1. Report to the Illinois Department of Public Health

You can file a complaint with IDPH online or by calling their 24-hour hotline at 1-800-252-4343. They will investigate the facility and determine if any violations have occurred.

2. Contact the Ombudsman Program

If you’re unsure where to start, a Long-Term Care Ombudsman can help you explore your options and provide confidential guidance.

3. Speak to a Nursing Home Abuse Attorney

Facilities often deny wrongdoing or delay investigations. A qualified attorney can help you gather evidence, file suit under the Nursing Home Care Act, and protect your loved one’s rights.

Common Violations That May Trigger Legal Action

Understanding the types of mistreatment that may fall under the Act can help you identify when to seek help. Examples include:

• Pressure ulcers (bedsores) due to improper repositioning,
• Falls caused by a lack of supervision or assistive devices,
• Malnutrition or dehydration,
• Medication errors or delayed treatment,
• Physical abuse by staff or other residents,
• Emotional abuse or isolation, and
• Failure to notify families of changes in condition.

If you’ve seen any of these signs, it’s critical to take them seriously and explore your legal options.

Need Legal Help? Senior Justice Law Firm Is Here for You.

At Senior Justice Law Firm, we focus exclusively on nursing home abuse and neglect cases and understand how to use the Illinois Nursing Home Care Act to demand justice. Our attorneys offer compassionate, personalized support to families across Illinois who are navigating heartbreaking circumstances.

Whether your loved one suffered bedsores, a preventable fall, emotional trauma, or worse, we can help. Our legal team will investigate the facts, identify violations, and fight for accountability every step of the way.

If you believe your loved one’s rights under the Illinois Nursing Home Care Act were violated, contact us today to schedule a free consultation. Let’s hold negligent nursing homes accountable, together.