The Illinois Nursing Home Care Act establishes a number of rights granted to any resident who lives in a nursing home facility in Illinois. All residents maintain the Constitutional rights granted to them as individuals living in the United States. However, given the unique circumstance of an individual living in a nursing home facility, the Illinois legislature imposed mandatory rights for nursing home residents, above and beyond those basic rights granted by the Constitution. These rights cannot be violated by any member of a nursing home staff.
Article II of the Illinois Nursing Home Care Act lists the rights of nursing home residents. Below is a summary of some of the most notable rights in the Act:
1. No resident shall be deprived of any rights, benefits, or privileges gauranteed by law, the Constitution of the State of Illinois, or the Constitution of the United States solely on account of his status as resident of a facility.
2. Residents may manage their own financial affairs.
3. Residents are free to retain, use, and wear their own personal property.
4. Nursing homes must provide adequate storage space for residents' personal property.
5. Residents can retain the services of their own personal care doctor.
6. Residents and/or their guardians can inspect and copy all clinical and other records concerning their treatment and care kept by the facility.
7. Residents are permitted respect and privacy in medical and personal care programs. Every consultation, case discussion, exam, and treatment are confidential. Individuals who are not directly involved with the resident's care must have the resident's permission to be present.
8. All nursing homes must have an established grievance procedure and all residents are permitted to present grievances to the nursing home staff and/or board.