ILCS » Chapter 210 · Act 45
Illinois Compiled Statutes

210 ILCS 45/3-606 (2026)

Any waiver by a resident or his legal representative of the right to commence an action under Sections 3-601 through 3-607, whether oral or in writing, shall be null and void, and without legal force or effect

✓ current as of May 2026
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(210 ILCS 45/3-606) (from Ch. 111 1/2, par. 4153-606)
    Sec. 3-606. Any waiver by a resident or his legal representative of the right to commence an action under Sections 3-601 through 3-607, whether oral or in writing, shall be null and void, and without legal force or effect.
(Source: P.A. 81-223.)

    
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 2008–2024 · leading case: Carter v. SSC Odin Operating Co., 2012 IL 113204 (Ill. 2012).
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Carter v. SSC Odin Operating Co., 2012 IL 113204 (Ill. 2012). “” 210 ILCS 45/3-606, 3-607 (West 2006). The appellate court held that these antiwaiver provisions present a legitimate state law contract defense to the arbitration agreements that is not preempted by the FAA.”
Carter v. SSC Odin Operating Co., LLC, 955 N.E.2d 1233 (Ill. App. Ct. 2011). · cites it 4× “The defendant filed a motion to compel arbitration of the claim pursuant to two signed arbitration agreements.”
Fosler v. Midwest Care Ctr. II, Inc., 928 N.E.2d 1 (Ill. App. Ct. 2010). “" 210 ILCS 45/3-606 (West 2006). Section 3-607 further provides that "[a]ny party to an action brought under Sections 3-601 through 3-607 shall be entitled to a trial by jury and any waiver of the right to a trial by a jury, whether oral or in writing, prior to the commencement…”
R.A. Bright Constr., Inc. v. Weis Builders, Inc., 930 N.E.2d 565 (Ill. App. Ct. 2010). · cites it 2× “Therefore, we find the FAA preempts the Illinois Building and Construction Contract Act (815 ILCS 665/1 et seq.”
Carter v. SSC Odin Operating Co., 2011 IL App (5th) 070392-B (Ill. App. Ct. 2011). · cites it 3× “The circuit court denied the defendant’s motion to compel arbitration.”
Key v. Accolade Healthcare of the Heartland, LLC, 2024 IL App (4th) 221030 (Ill. App. Ct. 2024). “¶ 13 With respect to counts I and III of his complaint, plaintiff invoked sections 3-606 and 3-607 of the Nursing Home Care Act (210 ILCS 45/3-606, 3-607 (West 2022)). Section 3-606 provides that “[a]ny waiver by a resident or his legal representative of the right to commence” a…”
Carter v. SSC Odin Operating Co., LLC (Ill. App. Ct. 2008). · cites it 3× “Likewise, nowhere in its opening brief or reply brief, and at no time during oral argument, has the defendant contended that the protections found in sections 3-606 and 3- 607 of the Nursing Home Care Act (210 ILCS 45/3-606, 3-607 (West 2006))–which, we note, were first…”
Peterson v. Residential Alternatives of Illinois, Inc. (Ill. App. Ct. 2010). · cites it 2× “In Illinois, the Nursing Home Care Act prohibits dispute resolution regarding nursing home care by means other than a trial by jury (210 ILCS 45/3-606, 3-607 (2006)). At the time the parties signed the separate documents in this case, our supreme court had not issued its…”
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