Mike Perillo | Waukegan Illinois Attorney
Mike Perillo | Waukegan Illinois Attorney
Mike Perillo | Waukegan Illinois Attorney
Mike Perillo | Waukegan Illinois Attorney
Mike Perillo | Waukegan Illinois Attorney
Illinois Civil & Criminal Litigation Lawyer
(847) 732-5986

Federal Nursing Home & Long-Term Care Laws


Nursing home residents in Illinois (and throughout the United States) also have rights pursuant to federal law, specifically 42 CFR 483. That federal law pertains to skilled nursing facilities participating in Medicare. Among the many rights afforded nursing home residents pursuant to this federal law are:

  1. The right to a dignified existence, self-determination and communication with and access to persons and services inside and outside the facility;
  2. The right to exercise his or her rights as a resident of the facility and as a citizen or resident of the United States;
  3. To be free of interference, coercion, discrimination and reprisal from the facility in exercising his or her rights;
  4. The right to access all records pertaining to him or herself including current clinical records within 24 hours (excluding weekends and holidays);
  5. To purchase at a cost not to exceed the community standard photocopies of the records or any portions of them upon request and two working days advance notice to the facility;
  6. The right to be fully informed in language that he or she can understand of his or her total health status, including but not limited to his or her medical condition;
  7. The right to refuse treatment, to refuse to participate in experimental research and to formulate an advanced directive;
  8. The right to manage his or her financial affairs;
  9. The facility may not require residents to deposit their personal funds with the facility;
  10. The right to choose a personal attending physician, to be fully informed in advance about care and treatment and of any changes in that care or treatment that may affect the resident's well-being;
  11. The right to personal privacy and confidentiality of his or her personal and clinical records;
  12. The right to examine the results of the most recent survey of the facility conducted by federal or state surveyors;
  13. The right to refuse to perform services for the facility;
  14. The right to privacy in written communications including the right to send and promptly receive mail that is unopened;
  15. The right to have reasonable access to the use of a telephone;
  16. The right to retain and use personal possessions;
  17. The right to share a room with his or her spouse when married residents live in the same facility;
  18. The right to be free from any physical or chemical restraints imposed for purposes of discipline or convenience;
  19. The right to be free from verbal, sexual, physical and mental abuse, corporal punishment and involuntary seclusion.
Again, this is only offered to serve as a brief outline of the rights afforded residents of nursing homes pursuant to federal law.
Disclaimer: The information contained on this website is for informational purposes only. Individuals with questions or problems in any area of the law should consult a qualified attorney licensed to practice in the individual's jurisdiction.
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