Illinois General Assembly - Full Text of HB4666
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Full Text of HB4666  102nd General Assembly

HB4666enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB4666 EnrolledLRB102 24163 AMQ 33389 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be
9exempt from inspection and copying:
10        (a) All information determined to be confidential
11    under Section 4002 of the Technology Advancement and
12    Development Act.
13        (b) Library circulation and order records identifying
14    library users with specific materials under the Library
15    Records Confidentiality Act.
16        (c) Applications, related documents, and medical
17    records received by the Experimental Organ Transplantation
18    Procedures Board and any and all documents or other
19    records prepared by the Experimental Organ Transplantation
20    Procedures Board or its staff relating to applications it
21    has received.
22        (d) Information and records held by the Department of
23    Public Health and its authorized representatives relating

 

 

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1    to known or suspected cases of sexually transmissible
2    disease or any information the disclosure of which is
3    restricted under the Illinois Sexually Transmissible
4    Disease Control Act.
5        (e) Information the disclosure of which is exempted
6    under Section 30 of the Radon Industry Licensing Act.
7        (f) Firm performance evaluations under Section 55 of
8    the Architectural, Engineering, and Land Surveying
9    Qualifications Based Selection Act.
10        (g) Information the disclosure of which is restricted
11    and exempted under Section 50 of the Illinois Prepaid
12    Tuition Act.
13        (h) Information the disclosure of which is exempted
14    under the State Officials and Employees Ethics Act, and
15    records of any lawfully created State or local inspector
16    general's office that would be exempt if created or
17    obtained by an Executive Inspector General's office under
18    that Act.
19        (i) Information contained in a local emergency energy
20    plan submitted to a municipality in accordance with a
21    local emergency energy plan ordinance that is adopted
22    under Section 11-21.5-5 of the Illinois Municipal Code.
23        (j) Information and data concerning the distribution
24    of surcharge moneys collected and remitted by carriers
25    under the Emergency Telephone System Act.
26        (k) Law enforcement officer identification information

 

 

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1    or driver identification information compiled by a law
2    enforcement agency or the Department of Transportation
3    under Section 11-212 of the Illinois Vehicle Code.
4        (l) Records and information provided to a residential
5    health care facility resident sexual assault and death
6    review team or the Executive Council under the Abuse
7    Prevention Review Team Act.
8        (m) Information provided to the predatory lending
9    database created pursuant to Article 3 of the Residential
10    Real Property Disclosure Act, except to the extent
11    authorized under that Article.
12        (n) Defense budgets and petitions for certification of
13    compensation and expenses for court appointed trial
14    counsel as provided under Sections 10 and 15 of the
15    Capital Crimes Litigation Act. This subsection (n) shall
16    apply until the conclusion of the trial of the case, even
17    if the prosecution chooses not to pursue the death penalty
18    prior to trial or sentencing.
19        (o) Information that is prohibited from being
20    disclosed under Section 4 of the Illinois Health and
21    Hazardous Substances Registry Act.
22        (p) Security portions of system safety program plans,
23    investigation reports, surveys, schedules, lists, data, or
24    information compiled, collected, or prepared by or for the
25    Department of Transportation under Sections 2705-300 and
26    2705-616 of the Department of Transportation Law of the

 

 

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1    Civil Administrative Code of Illinois, the Regional
2    Transportation Authority under Section 2.11 of the
3    Regional Transportation Authority Act, or the St. Clair
4    County Transit District under the Bi-State Transit Safety
5    Act.
6        (q) Information prohibited from being disclosed by the
7    Personnel Record Review Act.
8        (r) Information prohibited from being disclosed by the
9    Illinois School Student Records Act.
10        (s) Information the disclosure of which is restricted
11    under Section 5-108 of the Public Utilities Act.
12        (t) All identified or deidentified health information
13    in the form of health data or medical records contained
14    in, stored in, submitted to, transferred by, or released
15    from the Illinois Health Information Exchange, and
16    identified or deidentified health information in the form
17    of health data and medical records of the Illinois Health
18    Information Exchange in the possession of the Illinois
19    Health Information Exchange Office due to its
20    administration of the Illinois Health Information
21    Exchange. The terms "identified" and "deidentified" shall
22    be given the same meaning as in the Health Insurance
23    Portability and Accountability Act of 1996, Public Law
24    104-191, or any subsequent amendments thereto, and any
25    regulations promulgated thereunder.
26        (u) Records and information provided to an independent

 

 

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1    team of experts under the Developmental Disability and
2    Mental Health Safety Act (also known as Brian's Law).
3        (v) Names and information of people who have applied
4    for or received Firearm Owner's Identification Cards under
5    the Firearm Owners Identification Card Act or applied for
6    or received a concealed carry license under the Firearm
7    Concealed Carry Act, unless otherwise authorized by the
8    Firearm Concealed Carry Act; and databases under the
9    Firearm Concealed Carry Act, records of the Concealed
10    Carry Licensing Review Board under the Firearm Concealed
11    Carry Act, and law enforcement agency objections under the
12    Firearm Concealed Carry Act.
13        (v-5) Records of the Firearm Owner's Identification
14    Card Review Board that are exempted from disclosure under
15    Section 10 of the Firearm Owners Identification Card Act.
16        (w) Personally identifiable information which is
17    exempted from disclosure under subsection (g) of Section
18    19.1 of the Toll Highway Act.
19        (x) Information which is exempted from disclosure
20    under Section 5-1014.3 of the Counties Code or Section
21    8-11-21 of the Illinois Municipal Code.
22        (y) Confidential information under the Adult
23    Protective Services Act and its predecessor enabling
24    statute, the Elder Abuse and Neglect Act, including
25    information about the identity and administrative finding
26    against any caregiver of a verified and substantiated

 

 

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1    decision of abuse, neglect, or financial exploitation of
2    an eligible adult maintained in the Registry established
3    under Section 7.5 of the Adult Protective Services Act.
4        (z) Records and information provided to a fatality
5    review team or the Illinois Fatality Review Team Advisory
6    Council under Section 15 of the Adult Protective Services
7    Act.
8        (aa) Information which is exempted from disclosure
9    under Section 2.37 of the Wildlife Code.
10        (bb) Information which is or was prohibited from
11    disclosure by the Juvenile Court Act of 1987.
12        (cc) Recordings made under the Law Enforcement
13    Officer-Worn Body Camera Act, except to the extent
14    authorized under that Act.
15        (dd) Information that is prohibited from being
16    disclosed under Section 45 of the Condominium and Common
17    Interest Community Ombudsperson Act.
18        (ee) Information that is exempted from disclosure
19    under Section 30.1 of the Pharmacy Practice Act.
20        (ff) Information that is exempted from disclosure
21    under the Revised Uniform Unclaimed Property Act.
22        (gg) Information that is prohibited from being
23    disclosed under Section 7-603.5 of the Illinois Vehicle
24    Code.
25        (hh) Records that are exempt from disclosure under
26    Section 1A-16.7 of the Election Code.

 

 

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1        (ii) Information which is exempted from disclosure
2    under Section 2505-800 of the Department of Revenue Law of
3    the Civil Administrative Code of Illinois.
4        (jj) Information and reports that are required to be
5    submitted to the Department of Labor by registering day
6    and temporary labor service agencies but are exempt from
7    disclosure under subsection (a-1) of Section 45 of the Day
8    and Temporary Labor Services Act.
9        (kk) Information prohibited from disclosure under the
10    Seizure and Forfeiture Reporting Act.
11        (ll) Information the disclosure of which is restricted
12    and exempted under Section 5-30.8 of the Illinois Public
13    Aid Code.
14        (mm) Records that are exempt from disclosure under
15    Section 4.2 of the Crime Victims Compensation Act.
16        (nn) Information that is exempt from disclosure under
17    Section 70 of the Higher Education Student Assistance Act.
18        (oo) Communications, notes, records, and reports
19    arising out of a peer support counseling session
20    prohibited from disclosure under the First Responders
21    Suicide Prevention Act.
22        (pp) Names and all identifying information relating to
23    an employee of an emergency services provider or law
24    enforcement agency under the First Responders Suicide
25    Prevention Act.
26        (qq) Information and records held by the Department of

 

 

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1    Public Health and its authorized representatives collected
2    under the Reproductive Health Act.
3        (rr) Information that is exempt from disclosure under
4    the Cannabis Regulation and Tax Act.
5        (ss) Data reported by an employer to the Department of
6    Human Rights pursuant to Section 2-108 of the Illinois
7    Human Rights Act.
8        (tt) Recordings made under the Children's Advocacy
9    Center Act, except to the extent authorized under that
10    Act.
11        (uu) Information that is exempt from disclosure under
12    Section 50 of the Sexual Assault Evidence Submission Act.
13        (vv) Information that is exempt from disclosure under
14    subsections (f) and (j) of Section 5-36 of the Illinois
15    Public Aid Code.
16        (ww) Information that is exempt from disclosure under
17    Section 16.8 of the State Treasurer Act.
18        (xx) Information that is exempt from disclosure or
19    information that shall not be made public under the
20    Illinois Insurance Code.
21        (yy) Information prohibited from being disclosed under
22    the Illinois Educational Labor Relations Act.
23        (zz) Information prohibited from being disclosed under
24    the Illinois Public Labor Relations Act.
25        (aaa) Information prohibited from being disclosed
26    under Section 1-167 of the Illinois Pension Code.

 

 

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1        (bbb) (ccc) Information that is prohibited from
2    disclosure by the Illinois Police Training Act and the
3    Illinois State Police Act.
4        (ccc) (ddd) Records exempt from disclosure under
5    Section 2605-304 of the Illinois Department of State
6    Police Law of the Civil Administrative Code of Illinois.
7        (ddd) (bbb) Information prohibited from being
8    disclosed under Section 35 of the Address Confidentiality
9    for Victims of Domestic Violence, Sexual Assault, Human
10    Trafficking, or Stalking Act.
11        (eee) (ddd) Information prohibited from being
12    disclosed under subsection (b) of Section 75 of the
13    Domestic Violence Fatality Review Act.
14        (fff) Information prohibited from disclosure under
15    paragraph (3) of subsection (a) of Section 14 of the Nurse
16    Agency Licensing Act.
17(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
18101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
191-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
20eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
21101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
221-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
23eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
24102-559, eff. 8-20-21; revised 10-5-21.)
 
25    Section 10. The Nurse Agency Licensing Act is amended by

 

 

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1changing Sections 3, 5, 7, 13, 14, and 14.1 and by adding
2Section 14.3 as follows:
 
3    (225 ILCS 510/3)  (from Ch. 111, par. 953)
4    Sec. 3. Definitions. As used in this Act:
5    (a) "Certified nurse aide" means an individual certified
6as defined in Section 3-206 of the Nursing Home Care Act,
7Section 3-206 of the ID/DD Community Care Act, or Section
83-206 of the MC/DD Act, as now or hereafter amended.
9    "Covenant not to compete" means an agreement between a
10nurse agency and an employee that restricts the employee from
11performing:
12        (1) any work for another employer for a specified
13    period of time;
14        (2) any work in a specified geographic area; or
15        (3) any work for another employer that is similar to
16    the work the employee performs for the employer that is a
17    party to the agreement.
18    (b) "Department" means the Department of Labor.
19    (c) "Director" means the Director of Labor.
20    "Employee" means a nurse or a certified nurse aide.
21    (d) "Health care facility" is defined as in Section 3 of
22the Illinois Health Facilities Planning Act, as now or
23hereafter amended. "Health care facility" also includes any
24facility licensed, certified, or approved by any State agency
25and subject to regulation under the Assisted Living and Shared

 

 

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1Housing Act or the Illinois Public Aid Code.
2    (e) "Licensee" means any nursing agency which is properly
3licensed under this Act.
4    (f) "Nurse" means a registered nurse, or a licensed
5practical nurse, an advanced practice registered nurse, or any
6individual licensed under as defined in the Nurse Practice
7Act.
8    (g) "Nurse agency" means any individual, firm,
9corporation, partnership or other legal entity that employs,
10assigns or refers nurses or certified nurse aides to a health
11care facility for a fee. The term "nurse agency" includes
12nurses registries. The term "nurse agency" does not include
13services provided by home health agencies licensed and
14operated under the Home Health, Home Services, and Home
15Nursing Agency Licensing Act or a licensed or certified
16individual who provides his or her own services as a regular
17employee of a health care facility, nor does it apply to a
18health care facility's organizing nonsalaried employees to
19provide services only in that facility.
20(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
 
21    (225 ILCS 510/5)  (from Ch. 111, par. 955)
22    Sec. 5. Application for license. An application to operate
23a nurse agency shall be made to the Department on forms
24provided by the Department. A separate application shall be
25submitted for each additional location from which a nurse

 

 

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1agency is operated. All applications must be under oath and
2must be accompanied by an equitable application fee which will
3be set by the Department by rule. A separate license must be
4obtained for each location from which a nurse agency is
5operated unless the nurse agency is owned and managed by the
6same person or persons. Submission of false or misleading
7information is a petty offense punishable by a fine of $500.
8The application shall contain the following information:
9    (1) name and address of the person, partnership,
10corporation or other entity that is the applicant;
11    (2) if the applicant is a corporation or limited liability
12company, a copy of its articles of incorporation or
13organization, a copy of its current bylaws, and the names and
14addresses of its officers and directors and shareholders
15owning more than 5% of the corporation's stock or membership
16units;
17    (3) the name and location of premises from which the
18applicant will provide services;
19    (4) the names and addresses of the person or persons under
20whose management or supervision the nurse agency will be
21operated;
22    (5) a statement of financial solvency;
23    (6) a statement detailing the experience and
24qualifications of the applicant to operate a nurse agency,
25however, the failure of a nurse agency to demonstrate previous
26experience to operate an agency does not in and of itself

 

 

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1constitute grounds for the denial of a license;
2    (7) evidence of compliance or intent to comply with State
3or federal law relating to employee compensation, including
4but not limited to, social security taxes, State and federal
5income taxes, workers' compensation, unemployment taxes, and
6State and federal overtime compensation laws;
7    (8) evidence of general and professional liability
8insurance in the amounts of at least $1,000,000 $500,000 per
9incident and $3,000,000 $1,000,000 in aggregate and workers'
10compensation coverage for all nurses or certified nursing
11aides employed, assigned, or referred by the nurse agency to a
12health care facility; and
13    (8.5) copies of all currently effective contracts with
14health care facilities; and
15    (9) any other relevant information which the Department
16determines is necessary to properly evaluate the applicant and
17application as required by the Department by rule.
18(Source: P.A. 86-817; 86-1043; 86-1472; 87-435.)
 
19    (225 ILCS 510/7)  (from Ch. 111, par. 957)
20    Sec. 7. Renewal of license. At least 90 days prior to
21license expiration, the licensee shall submit an attestation
22detailing the number of contracted shifts, number of shifts
23missed, number of shifts fulfilled for the 3 quarters
24preceding the application date, and an application which meets
25the requirements of Section 5 of this Act for renewal of the

 

 

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1license. If the application is approved pursuant to Section 6,
2the license shall be renewed for an additional one-year
3period.
4(Source: P.A. 86-817; 86-1043.)
 
5    (225 ILCS 510/13)  (from Ch. 111, par. 963)
6    Sec. 13. Application for employment.
7    (a) Every nurse agency shall cause each applicant for
8employment, assignment, or referral, as a nurse to complete an
9application form including the following information:
10        (1) name and address of the applicant;
11        (2) whether or not such applicant is a nurse currently
12    licensed by the Department of Professional Regulation;
13        (3) if so licensed, the number and date of such
14    license; and
15        (4) references and dates and places of previous
16    employment.
17    Prior to employing, assigning, or referring a nurse, the
18agency shall contact the Department of Financial and
19Professional Regulation to determine whether the nurse's
20license is valid and in good standing. Written verification
21shall be sent by the Department of Financial and Professional
22Regulation within 20 working days. At least biennially
23thereafter, the nurse agency shall contact the Department of
24Financial and Professional Regulation to verify this
25information in writing. The nurse agency shall review the

 

 

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1disciplinary report published by the Department of Financial
2and Professional Regulation on a monthly basis to determine
3whether the nurse's license is valid and in good standing.
4    (b) Every nurse agency shall cause each applicant for
5employment, assignment, or referral, as a certified nurse aide
6to complete an application form including the following
7information:
8        (1) name and address of the applicant;
9        (2) whether or not the nurse aide is registered as
10    having completed a certified course as approved by the
11    Department of Public Health; and
12        (3) references and dates and places of previous
13    employment.
14    Prior to employing, assigning, or referring a certified
15nurse aide, the agency shall review the information provided
16on the Health Care Worker Registry to verify that the
17certification is valid. Prior to employing, assigning, or
18referring a certified nurse aide to a position at a health care
19employer or long-term facility as defined in the Health Care
20Worker Background Check Act, the nurse agency shall review the
21information provided on the Health Care Worker Registry to
22verify and that the certified nurse aide is not ineligible for
23the position to be hired by health care employers or long-term
24care facilities pursuant to Section 25 of the Health Care
25Worker Background Check Act.
26    (c) Every nurse agency shall check at least 2 recent

 

 

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1references and the dates of employment provided by the
2applicant, unless the applicant has not had 2 previous
3employers.
4    (d) Knowingly employing, assigning, or referring to a
5health care facility a nurse or certified nurse aide with an
6illegally or fraudulently obtained or issued diploma,
7registration, license, certificate, or background study
8constitutes negligent hiring by a nurse agency and is a
9violation of this Act.
10    (e) (d) Nurses or certified nurses aides employed,
11assigned, or referred to a health care facility by a nurse
12agency shall be deemed to be employees of the nurse agency
13while working for the nurse agency or on nurse agency
14employment, assignment or referral.
15(Source: P.A. 99-652, eff. 1-1-17.)
 
16    (225 ILCS 510/14)  (from Ch. 111, par. 964)
17    Sec. 14. Minimum Standards.
18    (a) The Department, by rule, shall establish minimum
19standards for the operation of nurse agencies. Those standards
20shall include, but are not limited to:
21        (1) the maintenance of written policies and
22    procedures;
23        (2) the maintenance and submission to the Department
24    of copies of all contracts between the nurse agency and
25    health care facility to which it assigns or refers nurses

 

 

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1    or certified nurse aides and copies of all invoices to
2    health care facilities personnel. Executed contracts must
3    be sent to the Department within 5 business days of their
4    effective date and procedures; and
5        (3) (2) the development of personnel policies for
6    nurses or certified nurse aides employed, assigned, or
7    referred to health care facilities, including which
8    include a personal interview, a reference check, an annual
9    evaluation of each employee (which may be based in part
10    upon information provided by health care facilities
11    utilizing nurse agency personnel) and periodic health
12    examinations. Executed contracts must be sent to the
13    Department within 5 business days of their effective date
14    and are not subject to disclosure under the Freedom of
15    Information Act. No less than 100% of the nurse or
16    certified nurse aide hourly rate shall be paid to the
17    nurse or certified nurse aide employee.
18    (b) Each nurse agency shall have a nurse serving as a
19manager or supervisor of all nurses and certified nurses
20aides.
21    (c) Each nurse agency shall ensure that its employees meet
22the minimum licensing, training, continuing education, and
23orientation standards for which those employees are licensed
24or certified.
25    (d) A nurse agency shall not employ, assign, or refer for
26use in an Illinois health care facility a nurse or certified

 

 

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1nurse aide unless certified or licensed under applicable
2provisions of State and federal law or regulations. Each
3certified nurse aide shall comply with all pertinent
4regulations of the Illinois Department of Public Health
5relating to the health and other qualifications of personnel
6employed in health care facilities.
7    (e) The Department may adopt rules to monitor the usage of
8nurse agency services to determine their impact.
9    (f) Nurse agencies are prohibited from recruiting
10potential employees on the premises of a health care facility
11or requiring, as a condition of employment, assignment, or
12referral, that their employees recruit new employees for the
13nurse agency from among the permanent employees of the health
14care facility to which the nurse agency employees have been
15employed, assigned, or referred, and the health care facility
16to which such employees are employed, assigned, or referred is
17prohibited from requiring, as a condition of employment, that
18their employees recruit new employees from these nurse agency
19employees. Violation of this provision is a business offense.
20    (g) Nurse agencies are prohibited from entering into
21covenants not to compete with nurses and certified nurse
22aides. A covenant not to compete entered into on or after the
23effective date of this amendatory Act of the 102nd General
24Assembly between a nurse agency and a nurse or certified nurse
25aide is illegal and void. The nursing agency shall not, in any
26contract with any employee or health care facility, require

 

 

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1the payment of liquidated damages, conversion fees, employment
2fees, buy-out fees, placement fees, or other compensation if
3the employee is hired as a permanent employee of a health care
4facility.
5    (h) A nurse agency shall submit a report quarterly to the
6Department for each health care entity with whom the agency
7contracts that includes all of the following by provider type
8and county in which the work was performed:
9        (1) A list of the average amount charged to the health
10    care facility for each individual employee category.
11        (2) A list of the average amount paid by the agency to
12    employees in each individual employee category.
13        (3) A list of the average amount of labor-related
14    costs paid by the agency for each employee category,
15    including payroll taxes, workers' compensation insurance,
16    professional liability coverage, credentialing and
17    testing, and other employee related costs.
18    The Department shall publish by county in which the work
19was performed the average amount charged to the health care
20facilities by nurse agencies for each individual worker
21category and the average amount paid by the agency to each
22individual worker category.
23    (i) The Department shall publish on its website the
24reports yearly by county.
25    (j) The Department of Labor shall compel production of the
26maintained records, as required under this Section, by the

 

 

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1nurse agencies.
2(Source: P.A. 86-817.)
 
3    (225 ILCS 510/14.1)
4    Sec. 14.1. Investigations; orders; civil penalties.
5    (a) The Department may at any time, and shall upon
6receiving a complaint from any interested person, investigate
7any person licensed or applying for a license under this Act
8suspected of violating any provision of any Section except
9Section 14.3. The Department shall investigate any person who
10operates or advertises a nurse agency without being licensed
11under this Act. The Department shall establish a system of
12reporting complaints against a health care staffing agency.
13The Department shall publish on its website how an interested
14party may submit a complaint of a violation of this Act to the
15Department. Complaints may be made by an interested party.
16Complaints against a nurse agency shall be investigated by the
17Department of Labor. The investigations shall take into
18consideration the responsibility of health care facilities
19under Section 12 for supervising nurse agency employees
20assigned or referred to the facilities. For purposes of this
21Section, "interested party" means a health care facility,
22nurse staffing agency, or an employee of a health care
23facility or nurse staffing agency.
24    The Director or his or her authorized representative may
25examine the premises of any nurse agency, may compel by

 

 

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1subpoena, for examination or inspection, the attendance and
2testimony of witnesses and the production of books, payrolls,
3records, papers and other evidence in any investigation or
4hearing, and may administer oaths or affirmations to
5witnesses.
6    (b) After appropriate notice and hearing, and if supported
7by the evidence, the Department may issue and cause to be
8served on any person an order to cease and desist from
9violation of this Act and to take any further action that is
10reasonable to eliminate the effect of the violation of any
11Section except Section 14.3.
12    Whenever it appears that any person has violated a valid
13order of the Department issued under this Act, the Director
14may commence an action and obtain from the court an order
15directing the person to obey the order of the Department or be
16subject to punishment for contempt of court.
17    The Department may petition the court for an order
18enjoining any violation of any Section of this Act except
19Section 14.3.
20    (c) Any licensee or applicant who violates any provision
21of this Act or the rules adopted under this Act shall be
22subject to a civil penalty of $10,000 per occurrence payable
23to the Department for the purpose of enforcing this Act $1,000
24per day for each violation. Civil penalties may be assessed by
25the Department in an administrative action and may, if
26necessary, be recovered in a civil action brought by the

 

 

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1Director through the Attorney General of the State of Illinois
2or the State's attorney of any county in which the violation
3occurred. The court may order that the civil penalties
4assessed for violation of this Act, together with any costs or
5attorney's fees arising out of the action to collect the
6penalties, be paid to the Department. The fact that the
7violation has ceased does not excuse any person from liability
8for civil penalties arising from the violation.
9    (d) Any nurse staffing agency that has been found not to
10have paid an employee 100% of the hourly wage rate identified
11in the contract between such nurse staffing agency and health
12care facility shall be liable to the employee for the actual
13amount of the underpayment, plus damages of 5% of the amount of
14the underpayment.
15(Source: P.A. 88-230.)
 
16    (225 ILCS 510/14.3 new)
17    Sec. 14.3. Contracts between nurse agencies and health
18care facilities.
19    (a) A contract entered into on or after the effective date
20of this amendatory Act of the 102nd General Assembly between
21the nurse agency and health care facility must contain the
22following provisions:
23        (1) A full disclosure of charges and compensation. The
24    disclosure shall include a schedule of all hourly bill
25    rates per category of employee, a full description of

 

 

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1    administrative charges, and a schedule of rates of all
2    compensation per category of employee, including, but not
3    limited to, hourly regular pay rate, shift differential,
4    weekend differential, hazard pay, charge nurse add-on,
5    overtime, holiday pay, and travel or mileage pay.
6        (2) A commitment that nurses or certified nurse aides
7    employed, assigned, or referred to a health care facility
8    by the nurse agency perform any and all duties called for
9    within the full scope of practice for which the nurse or
10    certified nurse aide is licensed or certified.
11        (3) No less than 100% of the nurse or certified nurse
12    aide hourly rate shall be paid to the nurse or certified
13    nurse aide employee.
14    (b) A party's failure to comply with the requirements of
15subsection (a) shall be a defense to the enforcement of a
16contract between a nurse agency and a health care facility.
17Any health care facility or nurse agency aggrieved by a
18violation of subsection (a) shall have a right of action in a
19State court against the offending party. A prevailing party
20may recover for each violation:
21        (1) liquidated damages of $1,500 or actual damages,
22    whichever is greater;
23        (2) reasonable attorney's fees and costs, including
24    expert witness fees and other litigation expenses; and
25        (3) other relief, including an injunction, as the
26    court may deem appropriate.
 

 

 

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1    Section 99. Effective date. This Act takes effect July 1,
22022.