"Facility" or "long-term care facility" means a private home, institution, building, residence, or any other place, whether operated for profit or not, or a county home for the infirm and chronically ill operated pursuant to Division 5-21 or 5-22 of the Counties Code, or any similar institution operated by a political subdivision of the State of Illinois, which provides, through its ownership or management, personal care, sheltered care or nursing for 3 or more persons, not related to the applicant or owner by blood or marriage
(210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113) (Text of Section from P.A. 104-147) Sec. 1-113. "Facility" or "long-term care facility" means a private home, institution, building, residence, or any other place, whether operated for profit or not, or a county home for the infirm and chronically ill operated pursuant to Division 5-21 or 5-22 of the Counties Code, or any similar institution operated by a political subdivision of the State of Illinois, which provides, through its ownership or management, personal care, sheltered care or nursing for 3 or more persons, not related to the applicant or owner by blood or marriage. It includes skilled nursing facilities and intermediate care facilities as those terms are defined in Title XVIII and Title XIX of the federal Social Security Act. It also includes homes, institutions, or other places operated by or under the authority of the Illinois Department of Veterans' Affairs. "Facility" does not include the following: (1) A home, institution, or other place operated by
the federal government or agency thereof, or by the State of Illinois, other than homes, institutions, or other places operated by or under the authority of the Illinois Department of Veterans' Affairs;
(2) A hospital, sanitarium, or other institution
whose principal activity or business is the diagnosis, care, and treatment of human illness through the maintenance and operation as organized facilities therefor, which is required to be licensed under the Hospital Licensing Act;
(3) Any "facility for child care" as defined in the
Child Care Act of 1969;
(4) Any "Community Living Facility" as defined in the
Community Living Facilities Licensing Act;
(5) Any "community residential alternative" as
defined in the Community Residential Alternatives Licensing Act;
(6) Any nursing home or sanatorium operated solely by
and for persons who rely exclusively upon treatment by spiritual means through prayer, in accordance with the creed or tenets of any well-recognized church or religious denomination. However, such nursing home or sanatorium shall comply with all local laws and rules relating to sanitation and safety;
(7) Any facility licensed by the Department of Human
Services as a community-integrated living arrangement as defined in the Community-Integrated Living Arrangements Licensure and Certification Act;
(8) Any "Supportive Residence" licensed under the
Supportive Residences Licensing Act;
(9) Any "supportive living facility" in good standing
with the program established under Section 5-5.01a of the Illinois Public Aid Code, except only for purposes of the employment of persons in accordance with Section 3-206.01;
(10) Any assisted living or shared housing
establishment licensed under the Assisted Living and Shared Housing Act, except only for purposes of the employment of persons in accordance with Section 3-206.01;
(11) An Alzheimer's disease management center
alternative health care model licensed under the Alternative Health Care Delivery Act;
(12) A facility licensed under the ID/DD Community
Care Act;
(13) A facility licensed under the Specialized Mental
Health Rehabilitation Act of 2013;
(14) A facility licensed under the MC/DD Act; (15) A medical foster home, as defined in 38 CFR
17.73, that is under the oversight of the United States Department of Veterans Affairs; or
(16) A psychiatric residential treatment facility
certified under the Psychiatric Residential Treatment Facilities (PRTF) Act.
(Source: P.A. 104-147, eff. 8-1-25.)
(Text of Section from P.A. 104-234) Sec. 1-113. "Facility" or "long-term care facility" means a private home, institution, building, residence, or any other place, whether operated for profit or not, or a county home for the infirm and chronically ill operated pursuant to Division 5-21 or 5-22 of the Counties Code, or any similar institution operated by a political subdivision of the State of Illinois, which provides, through its ownership or management, personal care, sheltered care or nursing for 3 or more persons, not related to the applicant or owner by blood or marriage. It includes skilled nursing facilities and intermediate care facilities as those terms are defined in Title XVIII and Title XIX of the federal Social Security Act. It also includes homes, institutions, or other places operated by or under the authority of the Illinois Department of Veterans Affairs. "Facility" does not include the following: (1) A home, institution, or other place operated by
the federal government or agency thereof, or by the State of Illinois, other than homes, institutions, or other places operated by or under the authority of the Illinois Department of Veterans Affairs;
(2) A hospital, sanitarium, or other institution
whose principal activity or business is the diagnosis, care, and treatment of human illness through the maintenance and operation as organized facilities therefor, which is required to be licensed under the Hospital Licensing Act;
(3) Any "facility for child care" as defined in the
Child Care Act of 1969;
(4) Any "Community Living Facility" as defined in the
Community Living Facilities Licensing Act;
(5) Any "community residential alternative" as
defined in the Community Residential Alternatives Licensing Act;
(6) Any nursing home or sanatorium operated solely by
and for persons who rely exclusively upon treatment by spiritual means through prayer, in accordance with the creed or tenets of any well-recognized church or religious denomination. However, such nursing home or sanatorium shall comply with all local laws and rules relating to sanitation and safety;
(7) Any facility licensed by the Department of Human
Services as a community-integrated living arrangement as defined in the Community-Integrated Living Arrangements Licensure and Certification Act;
(8) Any "Supportive Residence" licensed under the
Supportive Residences Licensing Act;
(9) Any "supportive living facility" in good standing
with the program established under Section 5-5.01a of the Illinois Public Aid Code, except only for purposes of the employment of persons in accordance with Section 3-206.01;
(10) Any assisted living or shared housing
establishment licensed under the Assisted Living and Shared Housing Act, except only for purposes of the employment of persons in accordance with Section 3-206.01;
(11) An Alzheimer's disease management center
alternative health care model licensed under the Alternative Health Care Delivery Act;
(12) A facility licensed under the ID/DD Community
Care Act;
(13) A facility licensed under the Specialized Mental
Health Rehabilitation Act of 2013;
(14) A facility licensed under the MC/DD Act; or (15) A medical foster home, as defined in 38 CFR
17.73, that is under the oversight of the United States Department of Veterans Affairs.
(Source: P.A. 104-234, eff. 8-15-25.)
Notes of Decisions
Cited in 8
cases (3 in the last 5 years), 2000–2024 · leading case: Sablik v. Cnty. of De Kalb, 2019 IL App (2d) 190293 (Ill. App. Ct. 2021).
Sablik v. Cnty. of De Kalb, 2019 IL App (2d) 190293 (Ill. App. Ct. 2021). · cites it 4ד¶4 Plaintiff further alleged that the center was a nursing facility under the Nursing Home Care Act (210 ILCS 45/1-113 (West 2016)) and that the County knew or should have known that Bernice was at high risk for the development and deterioration of pressure sores.”
Herns v. Symphony Jackson Square LLC, 2021 IL App (1st) 201064 (Ill. App. Ct. 2021). “Plaintiff alleged that from February 27, 2016, through June 10, 2016, Leonard was a resident of Symphony, a long-term care nursing facility as defined in the Act (210 ILCS 45/1-113 (West 2016)). Maestro, the management company and owner and/or operator of Symphony, exercised…”
People v. Cooper, 2024 IL App (2d) 220158 (Ill. App. Ct. 2024). “Similarly, the definition of “facility” under the Nursing Home Care Act (210 ILCS 45/1-113 (West 2020)) does not include an age threshold, and a “resident” is merely defined as “a person receiving personal or medical care, including but not limited to mental health treatment,…”
Gruby v. The Dep't of Pub. Health, 2015 IL App (2d) 140790 (Ill. App. Ct. 2015). “See 210 ILCS 45/1-113 (West 2012). -9- ¶ 42 A similar issue arose in Brunelle.”
Gruby v. The Dep't of Pub. Health, 2015 IL App (2d) 140790 (Ill. App. Ct. 2015). “Likewise, for the reasons explained above, Manorcare’s refusal to readmit plaintiff following his hospitalization did not trigger any right to a hearing under FNHRA or the CMS regulations.”
Eads v. Heritage Enter., Inc., 787 N.E.2d 771 (Ill. 2003). “) 210 ILCS 45/1-113 (West 2000). Healing art malpractice claims can be brought against nurses.”
Gruby v. The Dep't of Pub. Health, 2015 IL App (2d) 140790 (Ill. App. Ct. 2015). “Likewise, for the reasons explained above, Manorcare’s refusal to readmit plaintiff following his hospitalization did not trigger any right to a hearing under FNHRA or the CMS regulations.”
Antler v. Classic Residence Mgt., LP (Ill. App. Ct. 2000). “" 210 ILCS 45/1-113 (West 1998). "Personal care" is defined as: "[A]ssistance with meals, dressing, movement, bathing or other personal needs or maintenance, or general supervision and oversight of the physical and mental well-being of an individual, who is incapable of ***…”
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