A nursing home resident doesn't lose any rights guaranteed by law because they have moved into a nursing home. The laws give nursing home residents certain additional rights. Many of these rights are listed below. If a nursing facility violates any of these rights, residents may:

• Seek help from the long-term care ombudsman,
• File a grievance with the nursing home,
• File a complaint with the Illinois Department of Public Health (IDPH), or
• File a lawsuit.

Several organizations may assist a resident with filing complaints or lawsuits.

You have the right to be informed of Medicaid spousal impoverishment rules (210 ILCS 45/2-101.1). You and your spouse have the right to divide your assets when one of you needs Medicaid payment to cover nursing home expenses. The spouse who does not need Medicaid is allowed to keep assets up to a certain dollar amount. Nursing facilities are required to notify you of these rights and how to apply for Medicaid.

You have the right to your basic human needs (210 ILCS 45/2-101.1). Under the Nursing Home Care Act, you have the right to be treated with courtesy and respect by the employees of your nursing home. You are entitled to your basic human needs to be accommodate in a timely manner, including:

• Water
• Food
• Medication
• Toileting
• Personal Hygiene

You have the right to manage your finances (210 ILCS 45/2-102). You must be given access to any money that a nursing home holds for you. The nursing home must have your permission to spend any of your money. Anything more than $100 has to be placed in an interest-bearing account. The nursing home must supply you or your representative with a quarterly statement regarding your finances. An exception is if you or a guardian give the administrator written permission to manage your affairs.

You have a right to your personal property (210 ILCS 45/2-103). You have the right to wear your clothes and use your personal property in your living quarters. This is not true if there’s a medical reason that you should not. A physician must be documented by a physician. Any clothing the nursing home provides must fit you. The nursing home is required to provide adequate storage space for your personal property. They must provide security for valuables to protect your personal property from loss or theft. You must be given access to your property.

You have the right to use your own physician, see your medical records, and participate in your own care (210 ILCS 45/2-104). You have the right to use your own doctor at your expense or the expense of your health insurance. When you use your own doctor, the nursing home is not liable for any medical malpractice. You also have the right to complete and current medical information. That includes any diagnoses or treatments, in terms you can reasonably understand. To the extent you are able, you have the right to participate and make decisions regarding your medical care. You have the right not to be subjected to experimental treatments without your informed written consent. Any experimental treatment must be authorized and monitored by an institutional review board. Any treatment must be administered as ordered by a physician. The facility's director will review a new physician’s orders first. If you are a person  with female reproductive organs and considered to be of child-bearing age. Then you must receive obstetrical and gynecological evaluations and necessary prenatal care. Also, you have the right to refuse any treatment.

You have the right to an evaluation upon new ownership of the facility (210 ILCS 45/2-104.1). When a new owner purchases a facility after the facility’s license was removed. Then the new owner must thoroughly evaluate the conditions of each resident as if each resident were newly admitted.

You have the right to maintain a living will (210 ILCS 45/2-104.2). If you have a “do not resuscitate” order or living will with your desire regarding life-saving treatments. Then the nursing home must keep and honor your wishes. Every facility must have policies and procedures in place to implement your wishes.

You have a right to rescreening when admitted with a serious mental illness (210 ILCS 45/2-104.3). If you spend 90 days or more in a nursing home after being admitted with a serious mental illness. Then you must be rescreened by the Department of Human Services:

• After 90 days,
• 6 months, and
• Annually to assess your need for continued care.

You must be advised of all other options for your care.

You have a right to respect and privacy in medical care (210 ILCS 45/2-105). You have the right to confidential and discreet medical treatment and personal care. Anyone not directly involved in your medical care must have your permission to be present at:

• An exam,
• A discussion,
• A consultation, or
• A treatment.

You have the right to be free from unnecessary physical or chemical restraints (210 ILCS 45/2-106). A physician must order the use of restraints. The medical need for a physical or chemical restraint must be documented. You or your authorized representative must provide informed consent to the use of restraints. Unless, it is needed for brief periods of life-saving care. Any restraints applied must be done by a person trained with that particular restraint. Whenever a restraint is used, you have the right for a person of your choosing notified within 24 hours. Restraints may not be used for purposes of punishment or convenience. If you utilize sign language to communicate, you must be given the free use of your hands each hour.

You have the right not to be given unnecessary drugs (210 ILCS 45/2-106.1). A medical facility cannot give you any unnecessary drugs. You may not be given excessive doses of any drug. They may not administer a drug for an excessive duration without medical need and appropriate monitoring. You or your guardian must give informed consent to the use of any psychotropic drugs. These include, except in cases of emergency:

• Antidepressant,
• Antimanic, and
• Antianxiety drugs that modify behavior.

You cannot be refused residency at the facility for refusing psychotropic drugs. Unless the facility can demonstrate this would put other peoples’ health and safety at risk.

You have a right to accept or deny an identification wristlet (210 ILCS 45/2-106a). A facility can use an identification wristlet upon a doctor’s orders. You may have to wear a wristlet if you reside in an Alzheimer’s unit and have a history of wandering. However, your guardian or power of attorney can direct the wristlet be removed.

You have the right to be free from all forms of abuse and neglect (210 ILCS 45/2-107). As a nursing home resident, you have the right to be free from abuse and neglect. It is the duty of any staff member who becomes aware of neglect or abuse to report it.

You have a right to private communications and visits and to live with your spouse (210 ILCS 45/2-108). Usually, a nursing home may not impede your receipt of emails, mail, or telephone calls. However, when the governor has issued a proclamation under Section 7 of the Illinois Emergency Management Agency Act, there are a few limitations and expectations to visitation rights in nursing homes. 
 
While the Act is invoked, healthcare facilities must ensure that at least one visitor can visit a resident or patient of the health care facility. Clergy members do not count as a visitor for the purposes of this. Healthcare facilities must also shape the guidelines of their visitation policy by the recommendations of the U.S. Centers for Medicare and Medicaid Services and the Centers for Disease Control and Prevention. Your facility must inform you, and your legal representatives, of any changes in their policies.
 
Visitors may need to submit to health screenings if the health care facility requires them. The facility may also require that visitors wear personal protective equipment. 
 
The healthcare facility may deny access to a visitor who does not pass its health screening requirement. The facility may also deny visitation if they determine that visitation would endanger the physical health or safety of a patient, the visitor, or health care workers or would otherwise create a public health or safety problem.
 
If a visitor is denied visitation, the facility must put that information in writing and explain why the visit was denied.

They may not censor your communications unless there is a documented reason. For example, to protect you from harassment. The nursing home must make sure that you can receive visitors during reasonable hours. Unless there is a documented medical reason why you should not see visitors. The nursing home must provide space for visits. Staff members must knock before entering your room except in cases of an emergency. If you and your spouse reside in the same facility, the administrator must allow you to live in the same room. There is an exception if no room is available, or it is not medically safe. In certain cases, staff must make every reasonable effort to facilitate a video call between you and a member of your family. They must do this when the Governor declares there to be a pandemic, disaster, or public health emergency. However, they do not have to do this if it would pose a danger.

Under the Essential Support Person Act, you also have a right to choose an essential support person. This person can visit you outside of regular visiting hours. An essential support person:

• Assists with daily living activities, and
• Provides support, such as:
  • Physical,
  • Emotional,
  • Mental, and
  • Social support. 

You have the right to exercise your religion freely (210 ILCS 45/2-109). A nursing home must make accommodations for your religion. They must arrange for you to attend religious services of your choice. A nursing home may not force any religious practice or service on you.

You have a right to see your attorney, social worker, and other guests (210 ILCS 45/2-110). The following individuals must be permitted access to you during reasonable hours:

• Your lawyer,
• Any public agency employee,
• Any law enforcement officer, or
• Member of the general public.

The visit must be for the purpose of:

• Representing you,
• Advising you of your rights, or
• Making services available to you.

Visitors must notify the nursing home of their presence. They must identify themselves to you and receive your permission to enter your living space. However, an administrator can restrict a person’s access if:

• It would harm your health and safety,
• Threaten the security of your property, or
• Their visit is for a commercial purpose.

You have the right to be discharged from the nursing home (210 ILCS 45/2-111). If you or your guardian give the nursing home written notice that you want to leave the facility, you must be discharged. The nursing home cannot keep you there without your consent.

You have a right to present grievances (210 ILCS 45/2-112). You have the ability to present grievances on your own behalf or on behalf of another resident. You may present them to the nursing home administrator, Long-Term Care Facility Board, or another agency.  And you may present your grievance free from restraint, interference, coercion, or discrimination. The nursing home may not retaliate against you with a threat of discharge or other reprisal. The nursing home must provide you with contact information for the appropriate office to present a grievance.

The nursing home must lay out an internal grievance procedure that must include the following parts:

1. The process for how a resident can report a grievance
2. The time limits for how long they can take to respond to a grievance
3. Information on a resident’s right to have help filing a grievance by an advocate
4. If the grievance is not resolved by the nursing home, the resident must receive a response within 25 days of that notice
5. The nursing home must follow Illinois State and federal law requirement of reporting potential abuse, neglect, misappropriation of resident property or exploitation as alleged in the grievance
6. The nursing home must keep a copy of all grievances, responses, and outcomes for 3 years

You have the right to refuse to perform labor (210 ILCS 45/2-113). The nursing home is not allowed to require you to work for the facility. You have the right to refuse to perform any labor.

If you do choose to work, the work must also be for therapeutic purposes and it must be related to the individual's care plan. If you choose to work, you must be compensated at or above the prevailing wage rate. The prevailing wage rate means  the wage paid to the majority of workers in the nursing home for the same type, quality, and quantity of work.

You have a right to be free from unlawful discrimination (210 ILCS 45/2-114). The nursing home may not discriminate against you in violation of Illinois laws.

You have the right to electronically monitor your room (210 ILCS 45/2-115). The facility must permit you to electronically monitor your room. The devices must be placed pursuant to the Authorized Electronic Monitoring in Long-Term Care Facilities Act