Illinois Compiled Statutes
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HEALTH FACILITIES AND REGULATION210 ILCS 45/Art. II Pt. 1
(210 ILCS 45/) Nursing Home Care Act.
(210 ILCS 45/Art. II Pt. 1 heading)
210 ILCS 45/2-101
(210 ILCS 45/2-101)
(from Ch. 111 1/2, par. 4152-101)
No resident shall be deprived of any rights, benefits, or
privileges guaranteed by law, the Constitution of the State of Illinois,
or the Constitution of the United States solely on account of his status
as a resident of a facility.
(Source: P.A. 81-223.)
210 ILCS 45/2-101.1
(210 ILCS 45/2-101.1)
(from Ch. 111 1/2, par. 4152-101.1)
All new residents and their spouses
shall be informed on admittance of their spousal impoverishment rights
as defined at Section 5-4 of the Illinois Public Aid
Code, as now or hereafter amended and at Section 303 of Title III of the
Medicare Catastrophic Coverage Act of 1988 (P.L. 100-360).
(Source: P.A. 95-331, eff. 8-21-07.)
210 ILCS 45/2-102
(210 ILCS 45/2-102)
(from Ch. 111 1/2, par. 4152-102)
A resident shall be permitted to manage his own financial
affairs unless he or his guardian or if the resident is a minor, his parent,
authorizes the administrator of the facility
in writing to manage such resident's financial affairs under Section 2-201 of this Act.
(Source: P.A. 81-223.)
210 ILCS 45/2-103
(210 ILCS 45/2-103)
(from Ch. 111 1/2, par. 4152-103)
A resident shall be permitted to retain and use or wear his
personal property in his immediate living quarters, unless deemed medically
inappropriate by a physician and so documented in the resident's clinical
record. If clothing is provided to the resident by the facility, it shall
be of a proper fit.
The facility shall provide adequate storage space for the personal property
of the resident. The facility shall provide a means of safeguarding small
items of value for its residents in their rooms or in any other part of
the facility so long as the residents have daily access to such valuables.
The facility shall make reasonable efforts to prevent loss and theft of
residents' property. Those efforts shall be appropriate to the particular
facility and may include, but are not limited to, staff training and
monitoring, labeling property, and frequent property inventories. The
facility shall develop procedures for investigating complaints concerning
theft of residents' property and shall promptly investigate all such
(Source: P.A. 87-549.)
210 ILCS 45/2-104
(210 ILCS 45/2-104)
(from Ch. 111 1/2, par. 4152-104)
(a) A resident shall be permitted to retain the services
of his own personal physician at his own expense or under an individual or
group plan of health insurance, or under any public or private
assistance program providing such coverage. However, the facility is
not liable for the negligence of any such personal physician. Every
resident shall be permitted to obtain from his own physician or the
physician attached to the facility complete and current information
concerning his medical diagnosis, treatment and prognosis in terms and
language the resident can reasonably be expected to understand. Every
resident shall be permitted to participate in the planning of his total
care and medical treatment to the extent that his condition permits. No
resident shall be subjected to experimental research or treatment
without first obtaining his informed, written consent. The conduct of
any experimental research or treatment shall be authorized and monitored
by an institutional review board appointed by the Director. The
membership, operating procedures and review criteria for the institutional
review board shall be prescribed under rules and regulations of the
Department and shall comply with the requirements for institutional review boards established by the federal Food and Drug Administration. No person who has received compensation in the prior 3 years from an entity that manufactures, distributes, or sells pharmaceuticals, biologics, or medical devices may serve on the institutional review board.
The institutional review board may approve only research or treatment that meets the standards of the federal Food and Drug Administration with respect to (i) the protection of human subjects and (ii) financial disclosure by clinical investigators. The Office of State Long Term Care Ombudsman and the State Protection and Advocacy organization shall be given an opportunity to comment on any request for approval before the board makes a decision. Those entities shall not be provided information that would allow a potential human subject to be individually identified, unless the board asks the Ombudsman for help in securing information from or about the resident. The board shall require frequent reporting of the progress of the approved research or treatment and its impact on residents, including immediate reporting of any adverse impact to the resident, the resident's representative, the Office of the State Long Term Care Ombudsman, and the State Protection and Advocacy organization. The board may not approve any retrospective study of the records of any resident about the safety or efficacy of any care or treatment if the resident was under the care of the proposed researcher or a business associate when the care or treatment was given, unless the study is under the control of a researcher without any business relationship to any person or entity who could benefit from the findings of the study.
No facility shall permit experimental research or treatment to be conducted on a resident, or give access to any person or person's records for a retrospective study about the safety or efficacy of any care or treatment, without the prior written approval of the institutional review board. No nursing home administrator, or person licensed by the State to provide medical care or treatment to any person, may assist or participate in any experimental research on or treatment of a resident, including a retrospective study, that does not have the prior written approval of the board. Such conduct shall be grounds for professional discipline by the Department of Financial and
The institutional review board may exempt from ongoing review research or treatment initiated on a resident before the individual's admission to a facility and for which the board determines there is adequate ongoing oversight by another institutional review board. Nothing in this Section shall prevent a facility, any facility employee, or any other person from assisting or participating in any experimental research on or treatment of a resident, if the research or treatment began before the person's admission to a facility, until the board has reviewed the research or treatment and decided to grant or deny approval or to exempt the research or treatment from ongoing review.
The institutional review board requirements of this subsection (a) do not apply to investigational drugs, biological products, or devices used by a resident with a terminal illness as set forth in the Right to Try Act.
(b) All medical treatment and procedures shall be administered as
ordered by a physician. All new physician orders shall be reviewed by the
facility's director of nursing or charge nurse designee within 24 hours
after such orders have been issued to assure facility compliance with such orders.
All physician's orders and plans of treatment shall have the authentication of the physician. For the purposes of this subsection (b), "authentication" means an original written signature or an electronic signature system that allows for the verification of a signer's credentials. A stamp signature, with or without initials, is not sufficient.
According to rules adopted by the Department, every woman resident of
child-bearing age shall receive routine obstetrical and gynecological
evaluations as well as necessary prenatal care.
(c) Every resident shall be permitted to refuse medical treatment
and to know the consequences of such action, unless such refusal would
be harmful to the health and safety of others and such harm is
documented by a physician in the resident's clinical record. The
resident's refusal shall free the facility from the obligation to
provide the treatment.
(d) Every resident, resident's guardian, or parent if the resident
is a minor shall be permitted to inspect and copy all his clinical and
other records concerning his care and maintenance kept by the facility
or by his physician. The facility may charge a reasonable fee for
duplication of a record.
(Source: P.A. 99-270, eff. 1-1-16
210 ILCS 45/2-104.1
(210 ILCS 45/2-104.1)
(from Ch. 111 1/2, par. 4152-104.1)
Whenever ownership of a private facility is transferred
to another private owner following a final order for a suspension or revocation of the
facility's license, the new owner, if the Department so determines, shall
thoroughly evaluate the condition
and needs of each resident as if each resident were being newly admitted to
the facility. The evaluation shall include a review of the medical record
and the conduct of a physical examination
of each resident which shall be performed
within 30 days after the transfer of ownership.
(Source: P.A. 86-1013.)
210 ILCS 45/2-104.2
(210 ILCS 45/2-104.2)
(from Ch. 111 1/2, par. 4152-104.2)
Do-Not-Resuscitate Orders and Department of Public Health Uniform POLST form.
(a) Every facility licensed under
this Act shall establish a policy for the implementation of practitioner
orders concerning cardiopulmonary resuscitation (CPR) or life-sustaining treatment including, but not limited to,
"Do-Not-Resuscitate" orders. This policy may only prescribe the format,
method of documentation and duration of any practitioner orders. Any orders under this policy shall be honored by the facility.
The Department of Public Health Uniform POLST form under Section 2310-600 of the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois, or a copy of that form or a previous version of the uniform form,
honored by the facility.
(b) Within 30 days after admission, new residents who do not have a guardian of the person or an executed power of attorney for health care shall be provided with written notice, in a form and manner provided by rule of the Department, of their right to provide the name of one or more potential health care surrogates that a treating physician should consider in selecting a surrogate to act on the resident's behalf should the resident lose decision-making capacity. The notice shall include a form of declaration that may be utilized by the resident to identify potential health care surrogates or by the facility to document any inability or refusal to make such a declaration. A signed copy of the resident's declaration of a potential health care surrogate or decision to decline to make such a declaration, or documentation by the facility of the resident's inability to make such a declaration, shall be placed in the resident's clinical record and shall satisfy the facility's obligation under this Section. Such a declaration shall be used only for informational purposes in the selection of a surrogate pursuant to the Health Care Surrogate Act. A facility that complies with this Section is not liable to any healthcare provider, resident, or resident's representative or any other person relating to the identification or selection of a surrogate or potential health care surrogate.
(Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16
210 ILCS 45/2-104.3
(210 ILCS 45/2-104.3)
Serious mental illness; rescreening.
(a) All persons admitted to a nursing home facility with a diagnosis of serious mental illness who remain in the facility for a period of 90 days shall be re-screened by the Department of Human Services or its designee at the end of the 90-day period, at 6 months, and annually thereafter to assess their continuing need for nursing facility care and shall be advised of all other available care options.
(b) The Department of Human Services, by rule, shall provide for a prohibition on conflicts of interest for pre-admission screeners. The rule shall provide for waiver of those conflicts by the Department of Human Services if the Department of Human Services determines that a scarcity of qualified pre-admission screeners exists in a given community and that, absent a waiver of conflict, an insufficient number of pre-admission screeners would be available. If a conflict is waived, the pre-admission screener shall disclose the conflict of interest to the screened individual in the manner provided for by rule of the Department of Human Services. For the purposes of this subsection, a "conflict of interest" includes, but is not limited to, the existence of a professional or financial relationship between (i) a PAS-MH corporate or a PAS-MH agent performing the rescreening and (ii) a community provider or long-term care facility.
(Source: P.A. 96-1372, eff. 7-29-10.)
210 ILCS 45/2-105
(210 ILCS 45/2-105)
(from Ch. 111 1/2, par. 4152-105)
A resident shall be permitted respect and privacy in his medical
and personal care program. Every resident's case discussion, consultation,
examination and treatment shall be confidential and shall be conducted discreetly,
and those persons not directly involved in the resident's care must have
his permission to be present.
(Source: P.A. 81-223.)
210 ILCS 45/2-106
(210 ILCS 45/2-106)
(from Ch. 111 1/2, par. 4152-106)
(a) For purposes of this Act, (i) a physical restraint is any
manual method or physical or
mechanical device, material, or equipment attached or adjacent to a
resident's body that the resident cannot remove easily and
freedom of movement or normal access to one's
body. Devices used for
positioning, including but not limited to bed rails,
gait belts, and cushions, shall not be considered to be restraints for
purposes of this Section;
(ii) a chemical restraint
any drug used for discipline or convenience and not required to treat medical
symptoms. The Department shall by rule, designate certain devices as
including at least all those devices which have been determined
to be restraints by the United States Department of Health and Human Services
interpretive guidelines issued for the purposes of administering Titles XVIII and XIX of the Social Security Act.
(b) Neither restraints nor confinements shall be employed
for the purpose of punishment or for the convenience of any facility personnel.
No restraints or confinements shall be employed except as ordered
by a physician who documents the need for such restraints or confinements
resident's clinical record.
(c) A restraint may be used only with the informed consent of the
resident, the resident's guardian, or other authorized representative. A
restraint may be used only for specific periods, if it is the
least restrictive means necessary to attain and maintain the resident's highest
practicable physical, mental or psychosocial well-being, including brief
periods of time to provide necessary life-saving treatment. A restraint may be
used only after consultation with appropriate health professionals, such as
occupational or physical therapists, and a trial of less restrictive measures
has led to the determination that the use of less restrictive measures
would not attain or maintain the resident's highest practicable physical,
mental or psychosocial well-being.
However, if the resident needs emergency care, restraints may be used for brief
permit medical treatment to proceed unless the facility has notice that the
resident has previously made a valid refusal of the treatment in
(d) A restraint may be applied only by a person trained in the application
of the particular type of restraint.
(e) Whenever a period of use of a restraint is initiated, the resident shall
be advised of his or her right to have a person or organization of his or
including the Guardianship and Advocacy Commission, notified of the use of the
restraint. A recipient
who is under guardianship may request that a person or organization of his or
her choosing be notified of the restraint, whether or not the guardian
approves the notice.
If the resident so chooses, the facility shall make the notification
within 24 hours, including any information
the period of time that the restraint is to be used.
Whenever the Guardianship and Advocacy Commission is notified that a resident
has been restrained, it shall contact the resident to determine the
circumstances of the restraint and whether further action is warranted.
(f) Whenever a restraint is used on a resident whose primary mode of
communication is sign language, the resident shall be permitted to have his or
hands free from restraint for brief periods each hour, except when this freedom
result in physical harm to the resident or others.
(g) The requirements of this Section are intended to control in any conflict
with the requirements of Sections
1-126 and 2-108 of the Mental Health and Developmental Disabilities Code.
(Source: P.A. 97-135, eff. 7-14-11.)
210 ILCS 45/2-106.1
(210 ILCS 45/2-106.1)
(a) A resident shall not be given unnecessary drugs. An
unnecessary drug is any drug used in an excessive dose, including in
duplicative therapy; for excessive duration; without adequate
monitoring; without adequate indications for its use; or in the
presence of adverse consequences that indicate the drugs should be reduced or
discontinued. The Department shall adopt, by rule, the standards
contained in interpretive guidelines issued by the United States Department of
Health and Human Services for the purposes of administering Titles XVIII and XIX of
the Social Security Act.
(b) Psychotropic medication shall not be prescribed without the informed
consent of the resident, the resident's guardian, or other authorized
representative. "Psychotropic medication"
means medication that
is used for or listed as used for antipsychotic, antidepressant, antimanic, or
antianxiety behavior modification or behavior management purposes in the latest
editions of the AMA Drug Evaluations or the Physician's Desk Reference.
The Department shall adopt, by rule, a protocol specifying how informed consent for psychotropic medication may be obtained or refused. The protocol shall require, at a minimum, a discussion between (i) the resident or the resident's authorized representative and (ii) the resident's physician, a registered pharmacist (who is not a dispensing pharmacist for the facility where the resident lives), or a licensed nurse about the possible risks and benefits of a recommended medication and the use of standardized consent forms designated by the Department. Each form developed by the Department (i) shall be written in plain language, (ii) shall be able to be downloaded from the Department's official website, (iii) shall include information specific to the psychotropic medication for which consent is being sought, and (iv) shall be used for every resident for whom psychotropic drugs are prescribed. In addition to creating those forms, the Department shall approve the use of any other informed consent forms that meet criteria developed by the Department.
In addition to any other penalty prescribed by law, a facility that is found to have violated this subsection, or the federal certification requirement that informed consent be obtained before administering a psychotropic medication, shall thereafter be required to obtain the signatures of 2 licensed health care professionals on every form purporting to give informed consent for the administration of a psychotropic medication, certifying the personal knowledge of each health care professional that the consent was obtained in compliance with the requirements of this subsection.
(c) The requirements of
this Section are intended to control in a conflict
with the requirements of Sections 2-102 and 2-107.2
of the Mental Health and Developmental Disabilities Code with respect to the
administration of psychotropic medication.
(Source: P.A. 95-331, eff. 8-21-07; 96-1372, eff. 7-29-10.)
210 ILCS 45/2-106a
(210 ILCS 45/2-106a)
Resident identification wristlet.
wristlets shall be employed except as ordered by a physician who documents the
need for such mandatory identification in the resident's clinical record. When
identification bracelets are required, they must identify the resident's name,
and the name, telephone number, and address of the facility issuing the identification wristlet.
(Source: P.A. 97-861, eff. 7-30-12.)
210 ILCS 45/2-107
(210 ILCS 45/2-107)
(from Ch. 111 1/2, par. 4152-107)
An owner, licensee, administrator, employee or agent of a
facility shall not abuse or neglect a resident. It is the duty of any
facility employee or agent who becomes aware of such abuse or neglect to report it
as provided in "The Abused and Neglected Long Term Care Facility Residents
(Source: P.A. 82-120.)
210 ILCS 45/2-108
(210 ILCS 45/2-108)
(from Ch. 111 1/2, par. 4152-108)
Every resident shall be permitted unimpeded, private and uncensored
communication of his choice by mail, public telephone or visitation.
(a) The administrator shall ensure that correspondence is conveniently
received and mailed, and that telephones are reasonably accessible.
(b) The administrator shall ensure that residents may have private visits
at any reasonable hour unless such visits are not medically advisable for
the resident as documented in the resident's clinical record by the resident's
(c) The administrator shall ensure that space for visits is available
and that facility personnel knock, except in an emergency, before entering
any resident's room.
(d) Unimpeded, private and uncensored communication by mail, public telephone
and visitation may be reasonably restricted by a physician only in
order to protect the resident or others from harm, harassment or intimidation,
provided that the reason for any such restriction is placed in the resident's
clinical record by the physician and that notice of such restriction shall
be given to all residents upon admission. However, all letters addressed
by a resident to the Governor,
members of the General Assembly, Attorney General, judges, state's attorneys,
officers of the Department, or licensed attorneys at law shall be forwarded
at once to the persons to whom they are addressed without examination by
facility personnel. Letters in reply from the officials and attorneys mentioned
above shall be delivered to the recipient without examination by facility personnel.
(e) The administrator shall ensure that married residents residing in
the same facility be allowed to reside in the same room within the facility
unless there is no room available in the facility or it is deemed medically
inadvisable by the residents' attending physician and so documented in the
residents' medical records.
(Source: P.A. 81-223.)
210 ILCS 45/2-109
(210 ILCS 45/2-109)
(from Ch. 111 1/2, par. 4152-109)
A resident shall be permitted the free exercise of religion.
Upon a resident's request, and if necessary at his expense, the administrator
shall make arrangements for a resident's attendance at religious services
of the resident's choice. However, no religious beliefs or practices, or
attendance at religious services, may be imposed upon any resident.
(Source: P.A. 81-223.)
210 ILCS 45/2-110
(210 ILCS 45/2-110)
(from Ch. 111 1/2, par. 4152-110)
(a) Any employee or agent of a public agency, any
representative of a community legal services program or any other member
of the general public shall be permitted access at reasonable hours to
any individual resident of any facility, but only if there is neither a
commercial purpose nor
effect to such access and if the purpose is to do any of the following:
(1) Visit, talk with and make personal, social and
legal services available to all residents;
(2) Inform residents of their rights and entitlements
and their corresponding obligations, under federal and State laws, by means of educational materials and discussions in groups and with individual residents;
(3) Assist residents in asserting their legal rights
regarding claims for public assistance, medical assistance and social security benefits, as well as in all other matters in which residents are aggrieved. Assistance may include counseling and litigation; or
(4) Engage in other methods of asserting, advising
and representing residents so as to extend to them full enjoyment of their rights.
(a-5) If a resident of a licensed facility is an identified offender, any federal, State, or local law enforcement officer or county probation officer shall be permitted reasonable access to the individual resident to verify compliance with the requirements of the Sex Offender Registration Act, to verify compliance with the requirements of Public Act 94-163 and this amendatory Act of the 94th General Assembly, or to verify compliance with applicable terms of probation, parole, aftercare release, or mandatory supervised release.
(b) All persons entering a facility under this Section shall
promptly notify appropriate facility personnel of their presence. They
shall, upon request, produce identification to establish their identity.
No such person shall enter the immediate living area of any resident
without first identifying himself and then receiving permission from the
resident to enter. The rights of other residents present in the room
shall be respected. A resident may terminate at any time a visit by a
person having access to the resident's living area under this Section.
(c) This Section shall not limit the power of the Department or
other public agency, including, but not limited to, the State Long Term Care Ombudsman Program, otherwise permitted or required by federal or State law to enter and
inspect a facility or communicate privately and without restriction with a resident who consents to the communication, regardless of the consent of, or withholding of consent by, a legal guardian or an agent named in a power of attorney executed by the resident.
(d) Notwithstanding paragraph (a) of this Section, the administrator
of a facility may refuse access to the facility to any person if the
presence of that person in the facility would be injurious to the health
and safety of a resident or would threaten the security of the property
of a resident or the facility, or if the person seeks access to the
facility for commercial purposes. Any person refused access to a
facility may within 10 days request a hearing under Section 3-703. In
that proceeding, the burden of proof as to the right of the facility to
refuse access under this Section shall be on the facility.
(Source: P.A. 98-558, eff. 1-1-14; 98-989, eff. 1-1-15
210 ILCS 45/2-111
(210 ILCS 45/2-111)
(from Ch. 111 1/2, par. 4152-111)
A resident may be discharged from a facility after he gives
the administrator, a physician, or a nurse of the facility
written notice of his desire to be discharged. If a guardian has been appointed
for a resident or if the resident is a minor, the resident shall be discharged
upon written consent of his guardian or if the resident is a minor, his
parent unless there is a court order to the contrary. In such cases, upon
discharge, the facility is relieved from any responsibility for the resident's
care, safety or well-being.
(Source: P.A. 81-223.)
210 ILCS 45/2-112
(210 ILCS 45/2-112)
(from Ch. 111 1/2, par. 4152-112)
A resident shall be permitted to present grievances on behalf
of himself or others to the administrator, the Long-Term Care Facility Advisory
Board, the residents' advisory council, State governmental agencies
or other persons without threat of discharge or reprisal in any form or
manner whatsoever. The administrator shall provide all residents or their
representatives with the name, address, and telephone number of the appropriate
State governmental office where complaints may be lodged.
(Source: P.A. 81-223.)
210 ILCS 45/2-113
(210 ILCS 45/2-113)
(from Ch. 111 1/2, par. 4152-113)
A resident may refuse to perform labor for a facility.
(Source: P.A. 81-223.)
210 ILCS 45/2-114
(210 ILCS 45/2-114)
No resident shall be subjected to unlawful discrimination as defined in Section 1-103 of the Illinois Human Rights Act by any owner, licensee, administrator, employee, or agent of a facility. Unlawful discrimination does not include an action by any owner, licensee, administrator, employee, or agent of a facility that is required by this Act or rules adopted under this Act.
(Source: P.A. 96-1372, eff. 7-29-10.)