Patient Rights Under the Illinois Nursing Home Care Act
An elderly person should not lose their rights just because they move to a nursing home. Under the Illinois Nursing Home Care Act (210 ILCS 45), residents are protected from abuse, neglect or financial exploitation. Here is an overview of the rights provided by this law.
Basic Rights Provided by the Illinois Nursing Home Care Act
Nursing home residents have the same basic rights provided by the U.S. Constitution. These include free speech, the right to vote and freedom to practice the religion of your choice. In addition, nursing home employees may not discriminate against any resident based on race, sex, nationality, religion or disability.
The Illinois Nursing Home Care Act also grants residents the following rights:
- The right to live in the same room as your spouse
- The right to receive mail, phone calls and visitors
- Freedom from abuse or neglect
- The right to privacy in your room and during medical treatments or exams
- The right to have an electronic monitoring device in your room
Financial Rights Under the Illinois Nursing Home Care Act
- The nursing home must explain your “spousal impoverishment” rights. This law applies to married couples when only one spouse needs nursing home care. Medicaid will cover the nursing home expenses while the spouse remaining at home can protect a portion of income and assets.
- You have the right to manage your own financial affairs. If you prefer the facility holds and manages your funds, they must comply with strict regulations.
Property Rights Provided by the Illinois Nursing Home Care Act
- You are allowed to wear your own clothing and use your personal property without restriction unless a physician recommends otherwise.
- Nursing homes must provide sufficient storage space for your personal property, including a means to safeguard your valuables.
Medical Rights Under the Illinois Nursing Home Care Act
- You have the right to receive medical care from your personal physician.
- You have the right to a pre-admission screening to determine what type of care you need to function safely and as independently as possible.
- You have the right to all information about your medical diagnosis, treatment, and prognosis.
- The nursing home staff may not administer drugs that are unnecessary, excessive or potentially harmful.
- You have the right to refuse medical treatment unless a physician has documented that such refusal could harm you or others.
- You have the right to receive yearly influenza and pneumococcal vaccinations unless one or both are medically inadvisable. You also have the right to refuse the vaccines.
- Physical restraints, which also include certain medications, may only be used under very limited conditions and only with your informed consent.
- If you have a mental illness, you are entitled to be screened by a mental health medical professional. Additionally, psychotropic medication may not be prescribed without your informed consent.
Legal Rights Under the Illinois Nursing Home Care Act
- You have the right to name a health care surrogate to make decisions on your behalf if you don’t have a guardian or power of attorney.
- If you or your guardian requests a transfer or discharge, the facility must comply.
- The facility cannot transfer or discharge you involuntarily without proving the action is necessary for a specific reason covered by the statute.
- Prior to admission, you are entitled to a written contract specifying the terms of your care and all related costs.
- You also have the right to file a complaint without fear of retaliation. In addition, the facility must provide contact information for the appropriate governmental office.
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