Illinois General Assembly - Full Text of HB3716
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Full Text of HB3716  103rd General Assembly


Rep. Anna Moeller

Filed: 3/21/2023





10300HB3716ham001LRB103 30277 BMS 59619 a


2    AMENDMENT NO. ______. Amend House Bill 3716 on page 1,
3line 5, by replacing "4-101 and 4-105" with "4-101, 4-105, and
44-110"; and
5on page 3, line 14, by deleting ", appointed by the Governor";
7on page 3, line 24, after "Assembly", by inserting ",
8appointed by the Governor"; and
9on page 3, line 26, after "Assembly", by inserting ",
10appointed by the Governor"; and
11on page 4, line 2, after "Assembly", by inserting ", appointed
12by the Governor"; and
13on page 4, line 4, after "Assembly", by inserting ", appointed



10300HB3716ham001- 2 -LRB103 30277 BMS 59619 a

1by the Governor"; and
2on page 4, line 8, after "settings", by inserting ", appointed
3by the Gov ernor"; and
4on page 4, line 10, after "Council", by inserting ", appointed
5by the Governor"; and
6on page 4, line 13, after "Council", by inserting ", appointed
7by the Governor"; and
8on page 4, line 16, after "Council", by inserting ", appointed
9by the Governor"; and
10on page 4, line 18, after "associations", by inserting ",
11appointed by the Governor"; and
12on page 4, by replacing line 21 with "Statewide Independent
13Living Council, appointed by the Governor;"; and
14on page 4, immediately below line 21, by inserting the
16    "(16) one representative of a statewide organization
17advocating on behalf of seniors, appointed by the Governor;
18and"; and



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1on page 4, line 22, by replacing "(16)" with "(17)"; and
2on page 4, line 23, after "State", by inserting ", appointed by
3the Governor"; and
4on page 6, immediately below line 7, by inserting the
6    "(210 ILCS 45/4-110 new)
7    Sec. 4-110. Prohibition on retaliation against facility
8resident or employee complaint.
9    (a) Facility owners, management, and employees are
10prohibited from retaliating against facility residents or
11employees who complain about facility services, including the
12facility's physical condition, medical care, social supports
13and services, access to visitation and time outside the
14facility, and any other attribute connected to a resident's
15experience of living in a facility.
16    (b) There is a rebuttable presumption of retaliation if a
17resident or employee experiences reduced access to services,
18neglect, selective restrictions, hostility, transfer to
19another facility, reduction of work hours, reassignment to
20less desirable hours, or threats to take any of these actions
21within a year after a resident or employee:
22        (1) complains of violations or problems applicable to
23    the facility to a competent governmental agency, elected



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1    representative, or other individual responsible for
2    enforcing any law applicable to a facility;
3        (2) complains of violations or problems applicable to
4    a facility to a community organization or the news media;
5        (3) complains of violations or problems applicable to
6    a facility to an ombudsman;
7        (4) complains of building, health, or similar code
8    violations or an illegal facility practice to any
9    government official, ombudsman, or member of the public;
10        (5) seeks the assistance of a community organization,
11    union, or the news media to remedy a violation or improper
12    practice;
13        (6) seeks assistance for themselves or others to
14    transition to independent living;
15        (7) requests the facility make repairs, address
16    grievances, or meet regulatory requirements under a
17    building code, health ordinance, or other regulation;
18        (8) requests that the facility comply with a care
19    plan;
20        (9) becomes a member of a resident council, resident
21    union, employee union, or similar organization;
22        (10) testifies in any court or administrative
23    proceeding concerning the condition of the facility; or
24        (11) took other good faith action in support of any
25    other right or remedy provided by law.
26    (c) Anyone who retaliates against facility residents or



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1employees as prohibited by this Section is liable for each and
2every offense for all remedies available at law, including,
3but not limited to, future pecuniary losses, emotional pain,
4suffering, inconvenience, mental anguish, loss of enjoyment of
5life, and other nonpecuniary losses, plus attorney's fees and
6costs. In addition, if the facility or facility management is
7found to have retaliated as prohibited by this Section, the
8facility is liable to the complaining resident for a penalty
9in the additional amount of 2 times the facility's monthly
10billing amount for that resident.
11    (d) A resident may allege retaliation as an affirmative
12defense to any action to remove or transfer the resident from a
14    (e) A claim for retaliation under this Act may be filed in
15any court of competent jurisdiction or any administrative
16hearing process operated by or through the State of Illinois
17and its State departments.".