ILCS » Chapter 210 · Act 45
Illinois Compiled Statutes

210 ILCS 45/3-605 (2026)

The amount of damages recovered by a resident in an action brought under Sections 3-601 through 3-607 shall be exempt for purposes of determining initial or continuing eligibility for medical assistance under "The Illinois Public Aid Code", as now or hereafter amended, and shall neither be taken into consideration nor required to be applied toward the payment or partial payment of the cost of medical care or services available under "The Illinois Public Aid Code"

✓ current as of May 2026
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(210 ILCS 45/3-605) (from Ch. 111 1/2, par. 4153-605)
    Sec. 3-605. The amount of damages recovered by a resident in an action brought under Sections 3-601 through 3-607 shall be exempt for purposes of determining initial or continuing eligibility for medical assistance under "The Illinois Public Aid Code", as now or hereafter amended, and shall neither be taken into consideration nor required to be applied toward the payment or partial payment of the cost of medical care or services available under "The Illinois Public Aid Code".
(Source: P.A. 81-223.)

    
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2001–2025 · leading case: Eads v. Heritage Enter., Inc., 757 N.E.2d 107 (Ill. App. Ct. 2001).
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Eads v. Heritage Enter., Inc., 757 N.E.2d 107 (Ill. App. Ct. 2001). “The Nursing Home Act also permits class actions to be brought (210 ILCS 45/3-604 (West 1998)); remedies to be cumulative, and no restrictions to be placed on any party to prevent them from seeking any additional remedy (210 ILCS 45/3-714 (West 1998)); and damages to be exempt…”
Eads v. Heritage Enter., Inc., 787 N.E.2d 771 (Ill. 2003). “210 ILCS 45/3-605 (West 2000). In addition, a nursing home licensee is prohibited from taking any retaliatory action against a resident who asserts a private right of action to recover damages from it, regardless of the outcome.”
In re Est. of Smith, 2025 IL App (1st) 250009-U (Ill. App. Ct. 2025). “The trial court disallowed the Department’s claim because, pursuant to section 3-605 of the Nursing Home Care Act (210 ILCS 45/3-605 (West 1994)), the settlement funds were explicitly exempt from the recoupment provisions of the Code.”
Eads v. Heritage Enter., Inc. (Ill. App. Ct. 2001). “The Nursing Home Act also permits class actions to be brought (210 ILCS 45/3-604 (West 1998)); remedies to be cumulative, and no restrictions to be placed on any party to prevent them from seeking any additional remedy (210 ILCS 45/3-714 (West 1998)); and damages to be exempt…”
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