Long-Term Care Facilities Face New Electronic Monitoring Rules In Illinois — What You Need To Know

For years, long-term care providers have navigated the delicate balance between respecting resident privacy, accommodating family oversight, honoring roommate privacy, and maintaining smooth facility operations. Now, a recent legal update expands these boundaries. On June 26, 2026, Illinois Governor J.B. Pritzker signed House Bill 4517, extending the scope of the Authorized Electronic Monitoring in Long-Term Care Facilities Act (the “Act”) to include facilities regulated under the Shared Housing Act. These changes go into effect on January 1, 2027.

Shared housing facilities — often operating under a social, independence-focused model — differ significantly from traditional nursing homes, which are driven by a medical model with continuous clinical care. Because of their social nature, operators of these facilities must now understand and comply with new requirements around residents’ use of recording devices.

While Buchanan recommends consulting legal counsel for tailored advice, here are the key obligations shared housing operators should be aware of:

Resident Consent & Priority

• Written Consent Required: Before installing a recording device, residents must give written consent using a form provided by the Illinois Department of Public Health. This form should be kept in the resident’s file — and if applicable, the roommate’s file.
• Consent for Incapacitated Residents: If a resident cannot understand or appreciate the implications, consent may be given by:
  • A health care agent under Illinois Power of Attorney laws;
  • A designated resident representative;
  • The resident’s spouse;
  • The resident’s parent;
  • An adult child (with written consent from other adult children to act as the decision-maker);
  • Adult siblings (with written consent from other siblings).

Clear Communication

Residents must be informed, in the presence of a facility employee, about:

• The type of device being used;
• How the device will be used;
• Who will have access to the recordings;
• Their right to decline recording altogether.

Conditions on Consent

Residents can set specific conditions, such as:

• Prohibiting audio or video recording or broadcasting;
• Requiring devices to be turned off during dressing, bathing, or visits.

Consent by a resident or a roommate can be withdrawn at any time. If a roommate withdraws their consent, and the resident does not remove their device, the facility may turn off the resident’s device. If a roommate does not consent, the facility must make a reasonable attempt to accommodate the resident who wants electronic monitoring by offering to move either resident to another available room.

Costs & Access

• Residents are responsible for purchasing, installing, and maintaining devices, as well as internet service, if needed. The facility cannot charge for electricity used by the device.
• Facilities must cooperate by allowing access to equipment rooms and must justify any requests to deny accommodations.

Signage & Notices

• Visitor Notices: Clear, conspicuous signs labeled “Electronic Monitoring” must be posted at all building entrances and outside monitored rooms, informing visitors that some rooms may be electronically monitored. Facilities are responsible for maintaining these signs, and entryway signs are not required for assisted living facilities.
• Room Notices: Inside monitored rooms, signs must state: “This room is electronically monitored.”

Tampering & Privacy

• Tampering with devices or deleting recordings is prohibited and may carry criminal penalties.
• Facilities cannot access recordings without written consent, but must provide copies if requested for legal proceedings.

Reporting & Immunity

• Annually, facilities must report the number of consent forms received to the Illinois Department of Public Health.
• The Act grants broad immunity from civil and criminal penalties for facilities when residents use recording devices, but operators must remain vigilant about compliance.

This update marks a significant shift in how shared housing facilities manage electronic monitoring. Staying informed and compliant is essential to protect both residents’ rights and your facility’s legal standing. For tailored guidance, consult Buchanan's attorneys familiar with Illinois healthcare law.

Resources: Illinois Department of Public Health Electronic Monitoring Notification and Consent Form