HB3716ham003 103RD GENERAL ASSEMBLY

Rep. Anna Moeller

Filed: 4/25/2023

10300HB3716ham003 LRB103 30277 BMS 61016 a

AMENDMENT TO HOUSE BILL 3716

AMENDMENT NO. ______. Amend House Bill 3716 on page 1, by replacing line 5 with "Article IV and by changing Section 3-810 as"; and

on page 1, immediately below line 6, by inserting the following:

"(210 ILCS 45/3-810)

Sec. 3-810. Whistleblower protection.

(a) In this Section, "retaliatory action" means:

(1) the reprimand, discharge, suspension, demotion, denial of promotion or transfer, or change in the terms and conditions of employment of any employee of a facility that is taken in retaliation for the employee's involvement in a protected activity as set forth in paragraphs (1) through (3) of subsection (b); or

(2) reduced access to services, neglect, selective restrictions, adverse actions that interfere with the resident's quality of life at the facility, or threats of such actions that are taken in retaliation of any resident of a facility's involvement in a protected activity as set forth in paragraph (1) through (7) of subsection (c).

(b) A facility shall not take any retaliatory action against an employee of the facility, including a nursing home administrator, because the employee does any of the following:

(1) Discloses or threatens to disclose to a supervisor or to a public body an activity, inaction, policy, or practice implemented by a facility that the employee reasonably believes is in violation of a law, rule, or regulation.

(2) Provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of a law, rule, or regulation by a nursing home administrator.

(3) Assists or participates in a proceeding to enforce the provisions of this Act.

(c) A facility shall not take any retaliatory action against a resident of the facility because the resident does any of the following:

(1) complains, discloses, or threatens to disclose to a supervisor, a public body, or any other person an activity, inaction, policy, or practice implemented by a facility that the resident reasonably believes is in violation of a law, rule, or regulation or that the resident reasonably believes to be problematic;

(2) provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of a law, rule, or regulation by a nursing home administrator;

(3) assists or participates in a proceeding to enforce the provisions of this Act;

(4) seeks assistance for himself or herself or others to transition to independent living;

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

(6) becomes a member of a resident council, resident union, or similar organization; or

(7) takes any other good faith action in support of any other right or remedy provided by law.

(d) (c) A violation of this Section may be established only upon a finding that:

(i) the employee of the facility engaged in conduct described in subsection (b) of this Section and (ii) this conduct was a contributing factor in the retaliatory action alleged by the employee; or

(ii) the resident of the facility engaged in conduct described in subsection (c) and the conduct was a contributing factor in the retaliatory action alleged by the resident.

A resident or employee may allege retaliation as a prima facie case of retaliation, which can be overcome by the facility, within one year after a resident or employee engages in conduct described in subsection (b) or (c). There is no violation of this Section, however, if the facility demonstrates by clear and convincing evidence that it would have taken the same unfavorable personnel action in the absence of that conduct.

(e) (d) The employee of the facility may be awarded all remedies necessary to make the employee whole and to prevent future violations of this Section. Remedies imposed by the court may include, but are not limited to, all of the following:

(1) Reinstatement of the employee to either the same position held before the retaliatory action or to an equivalent position.

(2) Two times the amount of back pay.

(3) Interest on the back pay.

(4) Reinstatement of full fringe benefits and seniority rights.

(5) Payment of reasonable costs and attorney's fees.

(f) The resident of the facility may be awarded all remedies necessary to make the resident whole and prevent future violations of this Section. Remedies imposed by the court may include, but are not limited to, the following:

(1) injunctive relief;

(2) 2 times the amount of the facility's monthly billing amount for that resident; and

(3) payment of reasonable costs and attorney's fees.

(g) A claim of retaliation under this Act may be filed in any court of competent jurisdiction or any administrative hearing process operated by or through the State of Illinois and its State departments.

(h) (e) Nothing in this Section shall be deemed to diminish the rights, privileges, or remedies of an employee of a facility under any other federal or State law, rule, or regulation or under any employment contract.

(Source: P.A. 96-1372, eff. 7-29-10.)"; and

on page 3, line 14, by deleting ", appointed by the Governor"; and

on page 3, lines 23 and 24, by replacing "from the majority party of the Senate of the General Assembly" with "appointed by the President of the Senate"; and

on page 3, lines 25 and 26, by replacing "from the minority party of the Senate of the General Assembly" with "appointed by the Minority Leader of the Senate"; and

on page 4, lines 1 and 2, by replacing "from the majority party of the House of Representatives of the General Assembly" with "appointed by the Speaker of the House of Representatives"; and

on page 4, lines 3 and 4, by replacing "from the minority party of the House of Representatives of the General Assembly" with "appointed by the Minority Leader of the House of Representatives"; and

on page 4, line 8, after "settings", by inserting ", appointed by the Governor"; and

on page 4, line 10, after "Council", by inserting ", appointed by the Governor"; and

on page 4, line 13, after "Council", by inserting ", appointed by the Governor"; and

on page 4, line 16, after "Council", by inserting ", appointed by the Governor"; and

on page 4, line 18, after "associations", by inserting ", appointed by the Governor"; and

on page 4, by replacing line 21 with "Statewide Independent Living Council, appointed by the Governor;"; and

on page 4, immediately below line 21, by inserting the following:

"(16) one representative of a statewide organization advocating on behalf of seniors, appointed by the Governor; and"; and

on page 4, line 22, by replacing "(16)" with "(17)"; and

on page 4, line 23, after "State", by inserting ", appointed by the Governor".