Illinois Compiled Statutes
210 ILCS 45/2-108 (2026)
Every resident shall be permitted unimpeded, private and uncensored communication of his choice by mail, public telephone or visitation
✓ current as of May 2026
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(210 ILCS 45/2-108)
(from Ch. 111 1/2, par. 4152-108)
Sec. 2-108.
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
physician.
(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.)
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2003–2021 · leading case: Eads v. Heritage Enter., Inc., 787 N.E.2d 771 (Ill. 2003).
Eads v. Heritage Enter., Inc., 787 N.E.2d 771 (Ill. 2003). “These include the right to manage financial affairs (210 ILCS 45/2-102 (West 2000)); the *779 right to retain and use personal property (210 ILCS 45/2-103 (West 2000)); the right to be free from abuse or neglect (210 ILCS 45/2-107 (West 2000)); the right to unimpeded private and…”
Claybon v. SSC Westchester Operating Co. LLC (N.D. Ill. 2021). “Some of the legal provisions cited are barely relevant to the case; for example, the complaint cites 210 ILCS 45/2-108(a), which purportedly requires a nursing home administrator to ensure that “correspondence is conveniently received and mailed, and that telephones are…”
— 210 ILCS 45/2-108(a) — 1 case
Claybon v. SSC Westchester Operating Co. LLC (N.D. Ill. 2021). “Some of the legal provisions cited are barely relevant to the case; for example, the complaint cites 210 ILCS 45/2-108(a), which purportedly requires a nursing home administrator to ensure that “correspondence is conveniently received and mailed, and that telephones are…”
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