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

HB4666sam001 102ND GENERAL ASSEMBLY

Sen. Omar Aquino

Filed: 4/6/2022

 

 


 

 


 
10200HB4666sam001LRB102 24163 AMQ 38859 a

1
AMENDMENT TO HOUSE BILL 4666

2    AMENDMENT NO. ______. Amend House Bill 4666 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1    records received by the Experimental Organ Transplantation
2    Procedures Board and any and all documents or other
3    records prepared by the Experimental Organ Transplantation
4    Procedures Board or its staff relating to applications it
5    has received.
6        (d) Information and records held by the Department of
7    Public Health and its authorized representatives relating
8    to known or suspected cases of sexually transmissible
9    disease or any information the disclosure of which is
10    restricted under the Illinois Sexually Transmissible
11    Disease Control Act.
12        (e) Information the disclosure of which is exempted
13    under Section 30 of the Radon Industry Licensing Act.
14        (f) Firm performance evaluations under Section 55 of
15    the Architectural, Engineering, and Land Surveying
16    Qualifications Based Selection Act.
17        (g) Information the disclosure of which is restricted
18    and exempted under Section 50 of the Illinois Prepaid
19    Tuition Act.
20        (h) Information the disclosure of which is exempted
21    under the State Officials and Employees Ethics Act, and
22    records of any lawfully created State or local inspector
23    general's office that would be exempt if created or
24    obtained by an Executive Inspector General's office under
25    that Act.
26        (i) Information contained in a local emergency energy

 

 

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1    plan submitted to a municipality in accordance with a
2    local emergency energy plan ordinance that is adopted
3    under Section 11-21.5-5 of the Illinois Municipal Code.
4        (j) Information and data concerning the distribution
5    of surcharge moneys collected and remitted by carriers
6    under the Emergency Telephone System Act.
7        (k) Law enforcement officer identification information
8    or driver identification information compiled by a law
9    enforcement agency or the Department of Transportation
10    under Section 11-212 of the Illinois Vehicle Code.
11        (l) Records and information provided to a residential
12    health care facility resident sexual assault and death
13    review team or the Executive Council under the Abuse
14    Prevention Review Team Act.
15        (m) Information provided to the predatory lending
16    database created pursuant to Article 3 of the Residential
17    Real Property Disclosure Act, except to the extent
18    authorized under that Article.
19        (n) Defense budgets and petitions for certification of
20    compensation and expenses for court appointed trial
21    counsel as provided under Sections 10 and 15 of the
22    Capital Crimes Litigation Act. This subsection (n) shall
23    apply until the conclusion of the trial of the case, even
24    if the prosecution chooses not to pursue the death penalty
25    prior to trial or sentencing.
26        (o) Information that is prohibited from being

 

 

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1    disclosed under Section 4 of the Illinois Health and
2    Hazardous Substances Registry Act.
3        (p) Security portions of system safety program plans,
4    investigation reports, surveys, schedules, lists, data, or
5    information compiled, collected, or prepared by or for the
6    Department of Transportation under Sections 2705-300 and
7    2705-616 of the Department of Transportation Law of the
8    Civil Administrative Code of Illinois, the Regional
9    Transportation Authority under Section 2.11 of the
10    Regional Transportation Authority Act, or the St. Clair
11    County Transit District under the Bi-State Transit Safety
12    Act.
13        (q) Information prohibited from being disclosed by the
14    Personnel Record Review Act.
15        (r) Information prohibited from being disclosed by the
16    Illinois School Student Records Act.
17        (s) Information the disclosure of which is restricted
18    under Section 5-108 of the Public Utilities Act.
19        (t) All identified or deidentified health information
20    in the form of health data or medical records contained
21    in, stored in, submitted to, transferred by, or released
22    from the Illinois Health Information Exchange, and
23    identified or deidentified health information in the form
24    of health data and medical records of the Illinois Health
25    Information Exchange in the possession of the Illinois
26    Health Information Exchange Office due to its

 

 

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1    administration of the Illinois Health Information
2    Exchange. The terms "identified" and "deidentified" shall
3    be given the same meaning as in the Health Insurance
4    Portability and Accountability Act of 1996, Public Law
5    104-191, or any subsequent amendments thereto, and any
6    regulations promulgated thereunder.
7        (u) Records and information provided to an independent
8    team of experts under the Developmental Disability and
9    Mental Health Safety Act (also known as Brian's Law).
10        (v) Names and information of people who have applied
11    for or received Firearm Owner's Identification Cards under
12    the Firearm Owners Identification Card Act or applied for
13    or received a concealed carry license under the Firearm
14    Concealed Carry Act, unless otherwise authorized by the
15    Firearm Concealed Carry Act; and databases under the
16    Firearm Concealed Carry Act, records of the Concealed
17    Carry Licensing Review Board under the Firearm Concealed
18    Carry Act, and law enforcement agency objections under the
19    Firearm Concealed Carry Act.
20        (v-5) Records of the Firearm Owner's Identification
21    Card Review Board that are exempted from disclosure under
22    Section 10 of the Firearm Owners Identification Card Act.
23        (w) Personally identifiable information which is
24    exempted from disclosure under subsection (g) of Section
25    19.1 of the Toll Highway Act.
26        (x) Information which is exempted from disclosure

 

 

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1    under Section 5-1014.3 of the Counties Code or Section
2    8-11-21 of the Illinois Municipal Code.
3        (y) Confidential information under the Adult
4    Protective Services Act and its predecessor enabling
5    statute, the Elder Abuse and Neglect Act, including
6    information about the identity and administrative finding
7    against any caregiver of a verified and substantiated
8    decision of abuse, neglect, or financial exploitation of
9    an eligible adult maintained in the Registry established
10    under Section 7.5 of the Adult Protective Services Act.
11        (z) Records and information provided to a fatality
12    review team or the Illinois Fatality Review Team Advisory
13    Council under Section 15 of the Adult Protective Services
14    Act.
15        (aa) Information which is exempted from disclosure
16    under Section 2.37 of the Wildlife Code.
17        (bb) Information which is or was prohibited from
18    disclosure by the Juvenile Court Act of 1987.
19        (cc) Recordings made under the Law Enforcement
20    Officer-Worn Body Camera Act, except to the extent
21    authorized under that Act.
22        (dd) Information that is prohibited from being
23    disclosed under Section 45 of the Condominium and Common
24    Interest Community Ombudsperson Act.
25        (ee) Information that is exempted from disclosure
26    under Section 30.1 of the Pharmacy Practice Act.

 

 

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1        (ff) Information that is exempted from disclosure
2    under the Revised Uniform Unclaimed Property Act.
3        (gg) Information that is prohibited from being
4    disclosed under Section 7-603.5 of the Illinois Vehicle
5    Code.
6        (hh) Records that are exempt from disclosure under
7    Section 1A-16.7 of the Election Code.
8        (ii) Information which is exempted from disclosure
9    under Section 2505-800 of the Department of Revenue Law of
10    the Civil Administrative Code of Illinois.
11        (jj) Information and reports that are required to be
12    submitted to the Department of Labor by registering day
13    and temporary labor service agencies but are exempt from
14    disclosure under subsection (a-1) of Section 45 of the Day
15    and Temporary Labor Services Act.
16        (kk) Information prohibited from disclosure under the
17    Seizure and Forfeiture Reporting Act.
18        (ll) Information the disclosure of which is restricted
19    and exempted under Section 5-30.8 of the Illinois Public
20    Aid Code.
21        (mm) Records that are exempt from disclosure under
22    Section 4.2 of the Crime Victims Compensation Act.
23        (nn) Information that is exempt from disclosure under
24    Section 70 of the Higher Education Student Assistance Act.
25        (oo) Communications, notes, records, and reports
26    arising out of a peer support counseling session

 

 

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1    prohibited from disclosure under the First Responders
2    Suicide Prevention Act.
3        (pp) Names and all identifying information relating to
4    an employee of an emergency services provider or law
5    enforcement agency under the First Responders Suicide
6    Prevention Act.
7        (qq) Information and records held by the Department of
8    Public Health and its authorized representatives collected
9    under the Reproductive Health Act.
10        (rr) Information that is exempt from disclosure under
11    the Cannabis Regulation and Tax Act.
12        (ss) Data reported by an employer to the Department of
13    Human Rights pursuant to Section 2-108 of the Illinois
14    Human Rights Act.
15        (tt) Recordings made under the Children's Advocacy
16    Center Act, except to the extent authorized under that
17    Act.
18        (uu) Information that is exempt from disclosure under
19    Section 50 of the Sexual Assault Evidence Submission Act.
20        (vv) Information that is exempt from disclosure under
21    subsections (f) and (j) of Section 5-36 of the Illinois
22    Public Aid Code.
23        (ww) Information that is exempt from disclosure under
24    Section 16.8 of the State Treasurer Act.
25        (xx) Information that is exempt from disclosure or
26    information that shall not be made public under the

 

 

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1    Illinois Insurance Code.
2        (yy) Information prohibited from being disclosed under
3    the Illinois Educational Labor Relations Act.
4        (zz) Information prohibited from being disclosed under
5    the Illinois Public Labor Relations Act.
6        (aaa) Information prohibited from being disclosed
7    under Section 1-167 of the Illinois Pension Code.
8        (bbb) (ccc) Information that is prohibited from
9    disclosure by the Illinois Police Training Act and the
10    Illinois State Police Act.
11        (ccc) (ddd) Records exempt from disclosure under
12    Section 2605-304 of the Illinois Department of State
13    Police Law of the Civil Administrative Code of Illinois.
14        (ddd) (bbb) Information prohibited from being
15    disclosed under Section 35 of the Address Confidentiality
16    for Victims of Domestic Violence, Sexual Assault, Human
17    Trafficking, or Stalking Act.
18        (eee) (ddd) Information prohibited from being
19    disclosed under subsection (b) of Section 75 of the
20    Domestic Violence Fatality Review Act.
21        (fff) Information prohibited from disclosure under
22    paragraph (3) of subsection (a) of Section 14 of the Nurse
23    Agency Licensing Act.
24(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
25101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
261-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,

 

 

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1eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
2101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
31-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
4eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
5102-559, eff. 8-20-21; revised 10-5-21.)
 
6    Section 10. The Nurse Agency Licensing Act is amended by
7changing Sections 3, 5, 7, 13, 14, and 14.1 and by adding
8Section 14.3 as follows:
 
9    (225 ILCS 510/3)  (from Ch. 111, par. 953)
10    Sec. 3. Definitions. As used in this Act:
11    (a) "Certified nurse aide" means an individual certified
12as defined in Section 3-206 of the Nursing Home Care Act,
13Section 3-206 of the ID/DD Community Care Act, or Section
143-206 of the MC/DD Act, as now or hereafter amended.
15    "Covenant not to compete" means an agreement between a
16nurse agency and an employee that restricts the employee from
17performing:
18        (1) any work for another employer for a specified
19    period of time;
20        (2) any work in a specified geographic area; or
21        (3) any work for another employer that is similar to
22    the work the employee performs for the employer that is a
23    party to the agreement.
24    (b) "Department" means the Department of Labor.

 

 

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1    (c) "Director" means the Director of Labor.
2    "Employee" means a nurse or a certified nurse aide.
3    (d) "Health care facility" is defined as in Section 3 of
4the Illinois Health Facilities Planning Act, as now or
5hereafter amended. "Health care facility" also includes any
6facility licensed, certified, or approved by any State agency
7and subject to regulation under the Assisted Living and Shared
8Housing Act or the Illinois Public Aid Code.
9    (e) "Licensee" means any nursing agency which is properly
10licensed under this Act.
11    (f) "Nurse" means a registered nurse, or a licensed
12practical nurse, an advanced practice registered nurse, or any
13individual licensed under as defined in the Nurse Practice
14Act.
15    (g) "Nurse agency" means any individual, firm,
16corporation, partnership or other legal entity that employs,
17assigns or refers nurses or certified nurse aides to a health
18care facility for a fee. The term "nurse agency" includes
19nurses registries. The term "nurse agency" does not include
20services provided by home health agencies licensed and
21operated under the Home Health, Home Services, and Home
22Nursing Agency Licensing Act or a licensed or certified
23individual who provides his or her own services as a regular
24employee of a health care facility, nor does it apply to a
25health care facility's organizing nonsalaried employees to
26provide services only in that facility.

 

 

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1(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
 
2    (225 ILCS 510/5)  (from Ch. 111, par. 955)
3    Sec. 5. Application for license. An application to operate
4a nurse agency shall be made to the Department on forms
5provided by the Department. A separate application shall be
6submitted for each additional location from which a nurse
7agency is operated. All applications must be under oath and
8must be accompanied by an equitable application fee which will
9be set by the Department by rule. A separate license must be
10obtained for each location from which a nurse agency is
11operated unless the nurse agency is owned and managed by the
12same person or persons. Submission of false or misleading
13information is a petty offense punishable by a fine of $500.
14The application shall contain the following information:
15    (1) name and address of the person, partnership,
16corporation or other entity that is the applicant;
17    (2) if the applicant is a corporation or limited liability
18company, a copy of its articles of incorporation or
19organization, a copy of its current bylaws, and the names and
20addresses of its officers and directors and shareholders
21owning more than 5% of the corporation's stock or membership
22units;
23    (3) the name and location of premises from which the
24applicant will provide services;
25    (4) the names and addresses of the person or persons under

 

 

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1whose management or supervision the nurse agency will be
2operated;
3    (5) a statement of financial solvency;
4    (6) a statement detailing the experience and
5qualifications of the applicant to operate a nurse agency,
6however, the failure of a nurse agency to demonstrate previous
7experience to operate an agency does not in and of itself
8constitute grounds for the denial of a license;
9    (7) evidence of compliance or intent to comply with State
10or federal law relating to employee compensation, including
11but not limited to, social security taxes, State and federal
12income taxes, workers' compensation, unemployment taxes, and
13State and federal overtime compensation laws;
14    (8) evidence of general and professional liability
15insurance in the amounts of at least $1,000,000 $500,000 per
16incident and $3,000,000 $1,000,000 in aggregate and workers'
17compensation coverage for all nurses or certified nursing
18aides employed, assigned, or referred by the nurse agency to a
19health care facility; and
20    (8.5) copies of all currently effective contracts with
21health care facilities; and
22    (9) any other relevant information which the Department
23determines is necessary to properly evaluate the applicant and
24application as required by the Department by rule.
25(Source: P.A. 86-817; 86-1043; 86-1472; 87-435.)
 

 

 

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1    (225 ILCS 510/7)  (from Ch. 111, par. 957)
2    Sec. 7. Renewal of license. At least 90 days prior to
3license expiration, the licensee shall submit an attestation
4detailing the number of contracted shifts, number of shifts
5missed, number of shifts fulfilled for the 3 quarters
6preceding the application date, and an application which meets
7the requirements of Section 5 of this Act for renewal of the
8license. If the application is approved pursuant to Section 6,
9the license shall be renewed for an additional one-year
10period.
11(Source: P.A. 86-817; 86-1043.)
 
12    (225 ILCS 510/13)  (from Ch. 111, par. 963)
13    Sec. 13. Application for employment.
14    (a) Every nurse agency shall cause each applicant for
15employment, assignment, or referral, as a nurse to complete an
16application form including the following information:
17        (1) name and address of the applicant;
18        (2) whether or not such applicant is a nurse currently
19    licensed by the Department of Professional Regulation;
20        (3) if so licensed, the number and date of such
21    license; and
22        (4) references and dates and places of previous
23    employment.
24    Prior to employing, assigning, or referring a nurse, the
25agency shall contact the Department of Financial and

 

 

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

 

 

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1Worker Background Check Act, the nurse agency shall review the
2information provided on the Health Care Worker Registry to
3verify and that the certified nurse aide is not ineligible for
4the position to be hired by health care employers or long-term
5care facilities pursuant to Section 25 of the Health Care
6Worker Background Check Act.
7    (c) Every nurse agency shall check at least 2 recent
8references and the dates of employment provided by the
9applicant, unless the applicant has not had 2 previous
10employers.
11    (d) Knowingly employing, assigning, or referring to a
12health care facility a nurse or certified nurse aide with an
13illegally or fraudulently obtained or issued diploma,
14registration, license, certificate, or background study
15constitutes negligent hiring by a nurse agency and is a
16violation of this Act.
17    (e) (d) Nurses or certified nurses aides employed,
18assigned, or referred to a health care facility by a nurse
19agency shall be deemed to be employees of the nurse agency
20while working for the nurse agency or on nurse agency
21employment, assignment or referral.
22(Source: P.A. 99-652, eff. 1-1-17.)
 
23    (225 ILCS 510/14)  (from Ch. 111, par. 964)
24    Sec. 14. Minimum Standards.
25    (a) The Department, by rule, shall establish minimum

 

 

10200HB4666sam001- 17 -LRB102 24163 AMQ 38859 a

1standards for the operation of nurse agencies. Those standards
2shall include, but are not limited to:
3        (1) the maintenance of written policies and
4    procedures;
5        (2) the maintenance and submission to the Department
6    of copies of all contracts between the nurse agency and
7    health care facility to which it assigns or refers nurses
8    or certified nurse aides and copies of all invoices to
9    health care facilities personnel. Executed contracts must
10    be sent to the Department within 5 business days of their
11    effective date and procedures; and
12        (3) (2) the development of personnel policies for
13    nurses or certified nurse aides employed, assigned, or
14    referred to health care facilities, including which
15    include a personal interview, a reference check, an annual
16    evaluation of each employee (which may be based in part
17    upon information provided by health care facilities
18    utilizing nurse agency personnel) and periodic health
19    examinations. Executed contracts must be sent to the
20    Department within 5 business days of their effective date
21    and are not subject to disclosure under the Freedom of
22    Information Act. No less than 100% of the nurse or
23    certified nurse aide hourly rate shall be paid to the
24    nurse or certified nurse aide employee.
25    (b) Each nurse agency shall have a nurse serving as a
26manager or supervisor of all nurses and certified nurses

 

 

10200HB4666sam001- 18 -LRB102 24163 AMQ 38859 a

1aides.
2    (c) Each nurse agency shall ensure that its employees meet
3the minimum licensing, training, continuing education, and
4orientation standards for which those employees are licensed
5or certified.
6    (d) A nurse agency shall not employ, assign, or refer for
7use in an Illinois health care facility a nurse or certified
8nurse aide unless certified or licensed under applicable
9provisions of State and federal law or regulations. Each
10certified nurse aide shall comply with all pertinent
11regulations of the Illinois Department of Public Health
12relating to the health and other qualifications of personnel
13employed in health care facilities.
14    (e) The Department may adopt rules to monitor the usage of
15nurse agency services to determine their impact.
16    (f) Nurse agencies are prohibited from recruiting
17potential employees on the premises of a health care facility
18or requiring, as a condition of employment, assignment, or
19referral, that their employees recruit new employees for the
20nurse agency from among the permanent employees of the health
21care facility to which the nurse agency employees have been
22employed, assigned, or referred, and the health care facility
23to which such employees are employed, assigned, or referred is
24prohibited from requiring, as a condition of employment, that
25their employees recruit new employees from these nurse agency
26employees. Violation of this provision is a business offense.

 

 

10200HB4666sam001- 19 -LRB102 24163 AMQ 38859 a

1    (g) Nurse agencies are prohibited from entering into
2covenants not to compete with nurses and certified nurse
3aides. A covenant not to compete entered into on or after the
4effective date of this amendatory Act of the 102nd General
5Assembly between a nurse agency and a nurse or certified nurse
6aide is illegal and void. The nursing agency shall not, in any
7contract with any employee or health care facility, require
8the payment of liquidated damages, conversion fees, employment
9fees, buy-out fees, placement fees, or other compensation if
10the employee is hired as a permanent employee of a health care
11facility.
12    (h) A nurse agency shall submit a report quarterly to the
13Department for each health care entity with whom the agency
14contracts that includes all of the following by provider type
15and county in which the work was performed:
16        (1) A list of the average amount charged to the health
17    care facility for each individual employee category.
18        (2) A list of the average amount paid by the agency to
19    employees in each individual employee category.
20        (3) A list of the average amount of labor-related
21    costs paid by the agency for each employee category,
22    including payroll taxes, workers' compensation insurance,
23    professional liability coverage, credentialing and
24    testing, and other employee related costs.
25    The Department shall publish by county in which the work
26was performed the average amount charged to the health care

 

 

10200HB4666sam001- 20 -LRB102 24163 AMQ 38859 a

1facilities by nurse agencies for each individual worker
2category and the average amount paid by the agency to each
3individual worker category.
4    (i) The Department shall publish on its website the
5reports yearly by county.
6    (j) The Department of Labor shall compel production of the
7maintained records, as required under this Section, by the
8nurse agencies.
9(Source: P.A. 86-817.)
 
10    (225 ILCS 510/14.1)
11    Sec. 14.1. Investigations; orders; civil penalties.
12    (a) The Department may at any time, and shall upon
13receiving a complaint from any interested person, investigate
14any person licensed or applying for a license under this Act
15suspected of violating any provision of any Section except
16Section 14.3. The Department shall investigate any person who
17operates or advertises a nurse agency without being licensed
18under this Act. The Department shall establish a system of
19reporting complaints against a health care staffing agency.
20The Department shall publish on its website how an interested
21party may submit a complaint of a violation of this Act to the
22Department. Complaints may be made by an interested party.
23Complaints against a nurse agency shall be investigated by the
24Department of Labor. The investigations shall take into
25consideration the responsibility of health care facilities

 

 

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1under Section 12 for supervising nurse agency employees
2assigned or referred to the facilities. For purposes of this
3Section, "interested party" means a health care facility,
4nurse staffing agency, or an employee of a health care
5facility or nurse staffing agency.
6    The Director or his or her authorized representative may
7examine the premises of any nurse agency, may compel by
8subpoena, for examination or inspection, the attendance and
9testimony of witnesses and the production of books, payrolls,
10records, papers and other evidence in any investigation or
11hearing, and may administer oaths or affirmations to
12witnesses.
13    (b) After appropriate notice and hearing, and if supported
14by the evidence, the Department may issue and cause to be
15served on any person an order to cease and desist from
16violation of this Act and to take any further action that is
17reasonable to eliminate the effect of the violation of any
18Section except Section 14.3.
19    Whenever it appears that any person has violated a valid
20order of the Department issued under this Act, the Director
21may commence an action and obtain from the court an order
22directing the person to obey the order of the Department or be
23subject to punishment for contempt of court.
24    The Department may petition the court for an order
25enjoining any violation of any Section of this Act except
26Section 14.3.

 

 

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1    (c) Any licensee or applicant who violates any provision
2of this Act or the rules adopted under this Act shall be
3subject to a civil penalty of $10,000 per occurrence payable
4to the Department for the purpose of enforcing this Act $1,000
5per day for each violation. Civil penalties may be assessed by
6the Department in an administrative action and may, if
7necessary, be recovered in a civil action brought by the
8Director through the Attorney General of the State of Illinois
9or the State's attorney of any county in which the violation
10occurred. The court may order that the civil penalties
11assessed for violation of this Act, together with any costs or
12attorney's fees arising out of the action to collect the
13penalties, be paid to the Department. The fact that the
14violation has ceased does not excuse any person from liability
15for civil penalties arising from the violation.
16    (d) Any nurse staffing agency that has been found not to
17have paid an employee 100% of the hourly wage rate identified
18in the contract between such nurse staffing agency and health
19care facility shall be liable to the employee for the actual
20amount of the underpayment, plus damages of 5% of the amount of
21the underpayment.
22(Source: P.A. 88-230.)
 
23    (225 ILCS 510/14.3 new)
24    Sec. 14.3. Contracts between nurse agencies and health
25care facilities.

 

 

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1    (a) A contract entered into on or after the effective date
2of this amendatory Act of the 102nd General Assembly between
3the nurse agency and health care facility must contain the
4following provisions:
5        (1) A full disclosure of charges and compensation. The
6    disclosure shall include a schedule of all hourly bill
7    rates per category of employee, a full description of
8    administrative charges, and a schedule of rates of all
9    compensation per category of employee, including, but not
10    limited to, hourly regular pay rate, shift differential,
11    weekend differential, hazard pay, charge nurse add-on,
12    overtime, holiday pay, and travel or mileage pay.
13        (2) A commitment that nurses or certified nurse aides
14    employed, assigned, or referred to a health care facility
15    by the nurse agency perform any and all duties called for
16    within the full scope of practice for which the nurse or
17    certified nurse aide is licensed or certified.
18        (3) No less than 100% of the nurse or certified nurse
19    aide hourly rate shall be paid to the nurse or certified
20    nurse aide employee.
21    (b) A party's failure to comply with the requirements of
22subsection (a) shall be a defense to the enforcement of a
23contract between a nurse agency and a health care facility.
24Any health care facility or nurse agency aggrieved by a
25violation of subsection (a) shall have a right of action in a
26State court against the offending party. A prevailing party

 

 

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1may recover for each violation:
2        (1) liquidated damages of $1,500 or actual damages,
3    whichever is greater;
4        (2) reasonable attorney's fees and costs, including
5    expert witness fees and other litigation expenses; and
6        (3) other relief, including an injunction, as the
7    court may deem appropriate.
 
8    Section 99. Effective date. This Act takes effect July 1,
92022.".