Section 330.4295  Prohibition of Retaliatory Action Against Residents

a)         For the purposes of this Section, "retaliatory action" means an action that is taken in retaliation for a resident's involvement in one or more of the protected activities described in subsections (b)(1) through (8) and that interferes with a resident's quality of life at the facility or results in either the imposition of selective restrictions or the resident's neglect or reduced access to services.  Section 2-120(a) of the Act)

b)         No facility, licensee of a facility, or employee of a facility shall threaten to take or take a retaliatory action against a resident because the resident does any one or more of the following:

1)         Complains, discloses, or threatens to disclose, to a supervisor, a public body, including, but not limited to, the Office of the State Long Term Care Ombudsman, or any other person with regulatory authority, an activity, inaction, policy, or practice implemented by a licensee or facility that the resident reasonably believes violates the Act or this Part, or any other law, rule, or regulation;

2)         Provides information to or testifies before a public body conducting an investigation, hearing, or inquiry into a violation of the Act or this Part, or any other law, rule, or regulation by an administrator of the facility;

3)         Assists or participates in a proceeding to enforce the provisions of the Act or this Part, including a grievance procedure under Section 2-112 of the Act and Section 330.4310;

4)         Seeks assistance for the resident to transition to independent living or another setting outside of the resident's current facility;

5)         Makes a request of the facility related to the resident's care;

6)         Becomes a member of a residents' advisory council as described in Section 2-203 of the Act and Section 330.740, a resident union, or a similar organization;

7)         Engages in activity protected in Section 3-608 of the Act and Section 330.4290; or

8)         Takes any other good faith action in support of any other right or remedy provided by law.  (Section 2-120(b)(1) through (8) of the Act)

c)         A resident who alleges a violation of subsection (b) by a facility, the licensee of a facility, or an employee of a facility may bring a civil action for damages against the facility, the licensee who is responsible for the facility, or both, within two years after the date of the last violation of subsection (b) that is alleged in the resident's complaint. A violation of subsection (b) may be established upon a finding that:

1)         The facility, the licensee of the facility, or the employee of the facility engaged in conduct described in subsection (b); and

2)         This conduct was a contributing factor in the retaliatory action alleged by the resident.  (Section 2-120(c) of the Act)

d)         For each claimed violation of subsection (b) by a facility, a licensee of a facility, or an employee of a facility, the facility, the licensee who is responsible for the facility, or both may also be liable to the resident for additional damages in an amount equal to the average monthly billing rate for Medicaid recipients in the facility.  (Section 2-120(d) of the Act)

e)         A copy of any complaint filed under Section 2-120 of the Act and this Section shall be filed with the Department by the facility.  (Section 2-120(e) of the Act)

f)         To ensure compliance with the requirements of the Act and this Section, each licensee shall annually provide to the residents of its facility and their next of kin, a document containing a description of the retaliation complaint procedures and remedies established under the Act and this Part. The licensee shall file this document in the resident's document file. This document shall also be made available to the resident, the resident's representative, the Department, or the Office of the State Long Term Care Ombudsman upon request.  (Section 2-120(f) of the Act)

(Source:  Added at 50 Ill. Reg. 8244, effective May 26, 2026)