Bill Text: IL HB4517 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Amends the Authorized Electronic Monitoring in Long-Term Care Facilities Act. Includes residents of assisted living establishments under the Assisted Living and Shared Housing Act to the provisions of the Act. Replaces references to "facility" throughout the Act with "facility or establishment". Provides that an assisted living establishment shall not be required to post the specified electronic monitoring notice at building entrances.

Sponsorship: Partisan Bill (Democrat 9)

Status: (Passed) 2026-06-26 - Public Act . . . . . . . . . 104-0494 [HB4517 Detail]

Download: Illinois-2025-HB4517-Enrolled.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Authorized Electronic Monitoring in
Long-Term Care Facilities Act is amended by changing Sections
5, 15, 20, 25, 30, 40, 45, 55, and 60 as follows:
(210 ILCS 32/5)
Sec. 5. Definitions. As used in this Act:
"Authorized electronic monitoring" means the placement and
use of an electronic monitoring device by a resident in his or
her room in accordance with this Act.
"Department" means the Department of Public Health.
"Electronic monitoring device" means a surveillance
instrument with a fixed position video camera or an audio
recording device, or a combination thereof, that is installed
in a resident's room under the provisions of this Act and
broadcasts or records activity or sounds occurring in the
room.
"Establishment" means an assisted living establishment as
defined in the Assisted Living and Shared Housing Act.
"Facility" means an intermediate care facility for the
developmentally disabled licensed under the ID/DD Community
Care Act that has 30 beds or more, a facility licensed under

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the MC/DD Act, a long-term care facility licensed under the
Nursing Home Care Act, or a facility that provides housing to
individuals with dementia, as defined in Section 3 of the
Alzheimer's Disease Assistance Act.
"Resident" means a person residing in a facility or
establishment.
"Resident's representative" has the meaning given to that
term in (1) Section 1-123 of the Nursing Home Care Act if the
resident resides in a facility licensed under the Nursing Home
Care Act, (2) Section 1-123 of the ID/DD Community Care Act if
the resident resides in a facility licensed under the ID/DD
Community Care Act, (3) Section 9-10 of the Assisted Living
and Shared Housing Act if the resident resides in an
establishment under the Assisted Living and Shared Housing
Act, or (4) (3) Section 1-123 of the MC/DD Act if the resident
resides in a facility licensed under the MC/DD Act.
"Room" means a resident's designated private or shared
living space, apartment, or living unit designed for personal
use and sleeping.
(Source: P.A. 101-160, eff. 7-26-19.)
(210 ILCS 32/15)
Sec. 15. Consent.
(a) Except as otherwise provided in this subsection, a
resident, a resident's plenary guardian of the person, or the
parent of a resident under the age of 18 must consent in

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writing on a notification and consent form prescribed by the
Department to the authorized electronic monitoring in the
resident's room. If the resident has not affirmatively
objected to the authorized electronic monitoring and the
resident's physician determines that the resident lacks the
ability to understand and appreciate the nature and
consequences of electronic monitoring, the following
individuals may consent on behalf of the resident, in order of
priority:
(1) a health care agent named under the Illinois Power
of Attorney Act;
(2) a resident's representative, as defined in Section
5 of this Act;
(3) the resident's spouse;
(4) the resident's parent;
(5) the resident's adult child who has the written
consent of the other adult children of the resident to act
as the sole decision maker regarding authorized electronic
monitoring; or
(6) the resident's adult brother or sister who has the
written consent of the other adult siblings of the
resident to act as the sole decision maker regarding
authorized electronic monitoring.
(a-5) Prior to another person, other than a resident's
plenary guardian of the person, consenting on behalf of a
resident 18 years of age or older in accordance with this

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Section, the resident must be asked by that person, in the
presence of a facility or establishment employee, if he or she
wants authorized electronic monitoring to be conducted. The
person must explain to the resident:
(1) the type of electronic monitoring device to be
used;
(2) the standard conditions that may be placed on the
electronic monitoring device's use, including those listed
in paragraph (7) of subsection (b) of Section 20;
(3) with whom the recording may be shared according to
Section 45; and
(4) the resident's ability to decline all recording.
For the purposes of this subsection, a resident
affirmatively objects when he or she orally, visually, or
through the use of auxiliary aids or services declines
authorized electronic monitoring. The resident's response must
be documented on the notification and consent form.
(b) A resident or roommate may consent to authorized
electronic monitoring with any conditions of the resident's
choosing, including, but not limited to, the list of standard
conditions provided in paragraph (7) of subsection (b) of
Section 20. A resident or roommate may request that the
electronic monitoring device be turned off or the visual
recording component of the electronic monitoring device be
blocked at any time.
(c) Prior to the authorized electronic monitoring, a

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resident must obtain the written consent of any other resident
residing in the room on the notification and consent form
prescribed by the Department. Except as otherwise provided in
this subsection, a roommate, a roommate's plenary guardian of
the person, or the parent of a roommate under the age of 18
must consent in writing to the authorized electronic
monitoring in the resident's room. If the roommate has not
affirmatively objected to the authorized electronic monitoring
in accordance with subsection (a-5) and the roommate's
physician determines that the roommate lacks the ability to
understand and appreciate the nature and consequences of
electronic monitoring, the following individuals may consent
on behalf of the roommate, in order of priority:
(1) a health care agent named under the Illinois Power
of Attorney Act;
(2) a roommate's resident's representative, as defined
in Section 5 of this Act;
(3) the roommate's spouse;
(4) the roommate's parent;
(5) the roommate's adult child who has the written
consent of the other adult children of the resident to act
as the sole decision maker regarding authorized electronic
monitoring; or
(6) the roommate's adult brother or sister who has the
written consent of the other adult siblings of the
resident to act as the sole decision maker regarding

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authorized electronic monitoring.
(c-5) Consent by a roommate under subsection (c)
authorizes the resident's use of any recording obtained under
this Act, as provided in Section 45 of this Act.
(c-7) Any resident previously conducting authorized
electronic monitoring must obtain consent from any new
roommate before the resident may resume authorized electronic
monitoring. If a new roommate does not consent to authorized
electronic monitoring and the resident conducting the
authorized electronic monitoring does not remove or disable
the electronic monitoring device, the facility or
establishment shall turn off the device.
(d) Consent may be withdrawn by the resident or roommate
at any time, and the withdrawal of consent shall be documented
in the resident's clinical record. If a roommate withdraws
consent and the resident conducting the authorized electronic
monitoring does not remove or disable the electronic
monitoring device, the facility or establishment may turn off
the electronic monitoring device.
(e) If a resident who is residing in a shared room wants to
conduct authorized electronic monitoring and another resident
living in or moving into the same shared room refuses to
consent to the use of an electronic monitoring device, the
facility or establishment shall make a reasonable attempt to
accommodate the resident who wants to conduct authorized
electronic monitoring. A facility or establishment has met the

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requirement to make a reasonable attempt to accommodate a
resident who wants to conduct authorized electronic monitoring
when upon notification that a roommate has not consented to
the use of an electronic monitoring device in his or her room,
the facility or establishment offers to move either resident
to another shared room that is available at the time of the
request. If a resident chooses to reside in a private room in
order to accommodate the use of an electronic monitoring
device, the resident must pay the private room rate. If a
facility or establishment is unable to accommodate a resident
due to lack of space, the facility or establishment must
reevaluate the request every 2 weeks until the request is
fulfilled.
(Source: P.A. 99-430, eff. 1-1-16; 99-784, eff. 1-1-17.)
(210 ILCS 32/20)
Sec. 20. Notice to the facility or establishment.
(a) Authorized electronic monitoring may begin only after
a notification and consent form prescribed by the Department
has been completed and submitted to the facility or
establishment.
(b) A resident shall notify the facility or establishment
in writing of his or her intent to install an electronic
monitoring device by providing a completed notification and
consent form prescribed by the Department that must include,
at minimum, the following information:

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(1) the resident's signed consent to electronic
monitoring or the signature of the person consenting on
behalf of the resident in accordance with Section 15 of
this Act; if a person other than the resident signs the
consent form, the form must document the following:
(A) the date the resident was asked if he or she
wants authorized electronic monitoring to be conducted
in accordance with subsection (a-5) of Section 15;
(B) who was present when the resident was asked;
and
(C) an acknowledgement that the resident did not
affirmatively object; and
(2) the resident's roommate's signed consent or the
signature of the person consenting on behalf of the
resident in accordance with Section 15 of this Act, if
applicable, and any conditions placed on the roommate's
consent; if a person other than the roommate signs the
consent form, the form must document the following:
(A) the date the roommate was asked if he or she
wants authorized electronic monitoring to be conducted
in accordance with subsection (a-5) of Section 15;
(B) who was present when the roommate was asked;
and
(C) an acknowledgement that the roommate did not
affirmatively object; and
(3) the type of electronic monitoring device to be

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used;
(4) any installation needs, such as mounting of a
device to a wall or ceiling;
(5) the proposed date of installation for scheduling
purposes;
(6) a copy of any contract for maintenance of the
electronic monitoring device by a commercial entity;
(7) a list of standard conditions or restrictions that
the resident or a roommate may elect to place on use of the
electronic monitoring device, including, but not limited
to:
(A) prohibiting audio recording;
(B) prohibiting broadcasting of audio or video;
(C) turning off the electronic monitoring device
or blocking the visual recording component of the
electronic monitoring device for the duration of an
exam or procedure by a health care professional;
(D) turning off the electronic monitoring device
or blocking the visual recording component of the
electronic monitoring device while dressing or bathing
is performed; and
(E) turning the electronic monitoring device off
for the duration of a visit with a spiritual advisor,
ombudsman, attorney, financial planner, intimate
partner, or other visitor; and
(8) any other condition or restriction elected by the

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resident or roommate on the use of an electronic
monitoring device.
(c) A copy of the completed notification and consent form
shall be placed in the resident's and any roommate's clinical
record and a copy shall be provided to the resident and his or
her roommate, if applicable.
(d) The Department shall prescribe the notification and
consent form required in this Section no later than 60 days
after the effective date of this Act. If the Department has not
prescribed such a form by that date, the Office of the Attorney
General shall post a notification and consent form on its
website for resident use until the Department has prescribed
the form.
(Source: P.A. 99-430, eff. 1-1-16.)
(210 ILCS 32/25)
Sec. 25. Cost and installation.
(a) A resident choosing to conduct authorized electronic
monitoring must do so at his or her own expense, including
paying purchase, installation, maintenance, and removal costs.
(b) If a resident chooses to install an electronic
monitoring device that uses Internet technology for visual or
audio monitoring, that resident is responsible for contracting
with an Internet service provider.
(c) The facility or establishment shall make a reasonable
attempt to accommodate the resident's installation needs,

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including, but not limited to, allowing access to the
facility's or establishment's telecommunications or equipment
room. A facility or establishment has the burden of proving
that a requested accommodation is not reasonable.
(d) The electronic monitoring device must be placed in a
conspicuously visible location in the room.
(e) A facility or establishment may not charge the
resident a fee for the cost of electricity used by an
electronic monitoring device.
(f) All electronic monitoring device installations and
supporting services shall comply with the requirements of the
edition of the National Fire Protection Association (NFPA) 101
Life Safety Code in force at the time of installation and shall
remain in compliance with that or any subsequent edition of
NFPA 101 enforced pursuant to Part 483 of Title 42 of the Code
of Federal Regulations.
(Source: P.A. 99-430, eff. 1-1-16; 99-784, eff. 1-1-17.)
(210 ILCS 32/30)
Sec. 30. Notice to visitors.
(a) If a resident of a facility conducts authorized
electronic monitoring, a sign shall be clearly and
conspicuously posted at all building entrances accessible to
visitors. The notice must be entitled "Electronic Monitoring"
and must state, in large, easy-to-read type, "The rooms of
some residents may be monitored electronically by or on behalf

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of the residents.". An assisted living establishment shall not
be required to post the notice described in this Section at
building entrances.
(b) A sign shall be clearly and conspicuously posted at
the entrance to a resident's room where authorized electronic
monitoring is being conducted. The notice must state, in
large, easy-to-read type, "This room is electronically
monitored.".
(c) The facility or establishment is responsible for
installing and maintaining the signage required in this
Section.
(Source: P.A. 99-430, eff. 1-1-16.)
(210 ILCS 32/40)
Sec. 40. Obstruction of electronic monitoring devices.
(a) A person or entity is prohibited from knowingly
hampering, obstructing, tampering with, or destroying an
electronic monitoring device installed in a resident's room
without the permission of the resident or the individual who
consented on behalf of the resident in accordance with Section
15 of this Act.
(b) A person or entity is prohibited from knowingly
hampering, obstructing, tampering with, or destroying a video
or audio recording obtained in accordance with this Act
without the permission of the resident or the individual who
consented on behalf of the resident in accordance with Section

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15 of this Act.
(c) A person or entity that violates this Section is
guilty of a Class B misdemeanor. A person or entity that
violates this Section in the commission of or to conceal a
misdemeanor offense is guilty of a Class A misdemeanor. A
person or entity that violates this Section in the commission
of or to conceal a felony offense is guilty of a Class 4
felony.
(d) It is not a violation of this Section if a person or
facility or establishment turns off the electronic monitoring
device or blocks the visual recording component of the
electronic monitoring device at the direction of the resident
or the person who consented on behalf of the resident in
accordance with Section 15 of this Act.
(Source: P.A. 99-430, eff. 1-1-16.)
(210 ILCS 32/45)
Sec. 45. Dissemination of recordings.
(a) A facility or establishment may not access any video
or audio recording created through authorized electronic
monitoring without the written consent of the resident or the
person who consented on behalf of the resident in accordance
with Section 15 of this Act.
(b) Except as required under the Freedom of Information
Act, a recording or copy of a recording made pursuant to this
Act may only be disseminated for the purpose of addressing

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concerns relating to the health, safety, or welfare of a
resident or residents.
(c) The resident or person who consented on behalf of the
resident in accordance with Section 15 of this Act shall
provide a copy of any video or audio recording to parties
involved in a civil, criminal, or administrative proceeding,
upon a party's request, if the video or audio recording was
made during the time period that the conduct at issue in the
proceeding allegedly occurred.
(Source: P.A. 99-430, eff. 1-1-16.)
(210 ILCS 32/55)
Sec. 55. Report. Each facility or establishment shall
report to the Department, in a manner prescribed by the
Department, the number of authorized electronic monitoring
notification and consent forms received annually. The
Department shall report the total number of authorized
electronic monitoring notification and consent forms received
by facilities or establishment to the Office of the Attorney
General annually.
(Source: P.A. 99-430, eff. 1-1-16.)
(210 ILCS 32/60)
Sec. 60. Liability.
(a) A facility or establishment is not civilly or
criminally liable for the inadvertent or intentional

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disclosure of a recording by a resident or a person who
consents on behalf of the resident for any purpose not
authorized by this Act.
(b) A facility or establishment is not civilly or
criminally liable for a violation of a resident's right to
privacy arising out of any electronic monitoring conducted
pursuant to this Act.
(Source: P.A. 99-430, eff. 1-1-16.)