ILCS » Chapter 210 · Act 45
Illinois Compiled Statutes

210 ILCS 45/3-602 (2026)

The licensee shall pay the actual damages and costs and attorney's fees to a facility resident whose rights, as specified in Part 1 of Article II of this Act, including, but not limited to, the rights under Section 2-120, are violated

✓ current as of May 2026
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(210 ILCS 45/3-602) (from Ch. 111 1/2, par. 4153-602)
    Sec. 3-602. The licensee shall pay the actual damages and costs and attorney's fees to a facility resident whose rights, as specified in Part 1 of Article II of this Act, including, but not limited to, the rights under Section 2-120, are violated.
(Source: P.A. 103-1069, eff. 1-1-26.)

    
Notes of Decisions
Cited in 30 cases (7 in the last 5 years), 1996–2026 · leading case: Grauer v. Clare Oaks, 2019 IL App (1st) 180835 (Ill. App. Ct. 2019).
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Grauer v. Clare Oaks, 2019 IL App (1st) 180835 (Ill. App. Ct. 2019). · cites it 6× “1-18-0835 ¶ 49 After the trial, the plaintiffs filed a motion pursuant to section 3-602 of the Nursing Home Care Act (210 ILCS 45/3-602 (West 2016)), seeking to recover their attorney fees and costs from Clare Oaks.”
Dardeen v. Heartland Manor, Inc., 710 N.E.2d 827 (Ill. 1999). · cites it 5× “Prior to the amendment, section 3-602 required a licensee to pay treble damages plus costs and attorney fees to a facility resident for a violation of the resident's rights under article II, part 1, of the Act (see 210 ILCS 45/2-101 et seq.”
White v. Sunrise Healthcare Corp., 692 N.E.2d 1363 (Ill. App. Ct. 1998). · cites it 4× “The question certified for review is whether an amendment to section 3-602 of the Act (210 ILCS 45/3-602 (West 1996) (Act)) applies to a cause of action that accrued before the amendment took effect on July 21, 1995.”
Pietrzyk v. Oak Lawn Pavilion, Inc., 769 N.E.2d 134 (Ill. App. Ct. 2002). · cites it 2× “Justice GREIMAN delivered the opinion of the court: This appeal arises from the trial court's order granting in part and rejecting in part plaintiff Eryka Pietrzyk's postjudgment motion, pursuant to section 3-602 of the Nursing Home Care Act (210 ILCS 45/3-602 (West 2000)), for…”
Fisher v. Lexington Health Care, Inc., 722 N.E.2d 1115 (Ill. 1999). “Section 3-601 provides that owners and operators of facilities are liable to a resident for injuries caused by the intentional or negligent acts of their employees or agents. 210 ILCS 45/3-601 (West 1996).”
Watson v. South Shore Nursing & Rehab. Ctr., 2012 IL App (1st) 103730 (Ill. App. Ct. 2012). · cites it 2× “¶ 21 Subsequently, on June 10, 2010, plaintiff filed two postverdict motions: a posttrial motion seeking a new trial on damages for loss of society and a petition to recover costs and fees pursuant to the Nursing Home Care Act (210 ILCS 45/3-602 (West 2008)). The issues raised…”
Clanton v. Oakbrook Healthcare Centre, Ltd., 2022 IL App (1st) 210984 (Ill. App. Ct. 2022). “See 210 ILCS 45/3-602 (West 2020). ¶ 23 In their reply, defendants maintained that they had not taken any actions inconsistent with an intent to arbitrate, that they had promptly produced the contract once it was discovered, and that they otherwise acted in good faith in…”
Turner v. Concord Nursing & Rehab. Ctr., LLC, 2023 IL App (1st) 221721 (Ill. App. Ct. 2023). “” 210 ILCS 45/3-602 (West 2020). The arbitration rider, however, provided that Marvin “shall not be entitled to Statutory Attorney Fees, including those delineated in the Illinois Nursing Home Care Act.”
Watson v. South Shore Rehab. Ctr., 965 N.E.2d 1200 (Ill. App. Ct. 2012). · cites it 2× “¶ 21 Subsequently, on June 10, 2010, plaintiff filed two postverdict motions: a posttrial motion seeking a new trial on damages for loss of society and a petition to recover costs and fees pursuant to the Nursing Home Care Act (210 ILCS 45/3-602 (West 2008)). The issues raised…”
Sablik v. Cnty. of De Kalb, 2019 IL App (2d) 190293 (Ill. App. Ct. 2021). “A jury awarded her $20,000 in compensatory damages, and the trial court, pursuant to section 3-602 of the Nursing Home Care Act (210 ILCS 45/3-602 (West 1992)), trebled the award.”
Ditsworth v. Kankakee Terrace P'ship, 699 N.E.2d 200 (Ill. App. Ct. 1998). · cites it 3× “Justice LYTTON delivered the opinion of the court: The plaintiff filed a complaint seeking treble damages for violations of the Nursing *201 Home Care Act (Act) (210 ILCS 45/3-602 (West 1994)). The defendants moved to dismiss this count because the legislature had repealed the…”
Eads v. Heritage Enter., Inc., 757 N.E.2d 107 (Ill. App. Ct. 2001). “" 210 ILCS 45/3-602 (West 1998). In addition, the Nursing Home Act provides for the award of punitive damages for willful and wanton misconduct.”
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