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90_HB0797eng
210 ILCS 35/10 from Ch. 111 1/2, par. 4190
210 ILCS 45/3-608 from Ch. 111 1/2, par. 4153-608
210 ILCS 135/5 from Ch. 91 1/2, par. 1705
210 ILCS 140/10 from Ch. 91 1/2, par. 630
Amends the Community Living Facilities Licensing Act, the
Nursing Home Care Act, the Community-Integrated Living
Arrangements Licensure and Certification Act, and the
Community Residential Alternatives Licensing Act. Provides
that a facility or person licensed under any of those Acts
who retaliates against a person because of a complaint or
testimony of suspected maltreatment shall be liable for
damages and attorney's fees. Provides that there is a
rebuttable presumption that certain adverse actions, when
taken within 90 days of a report, are retaliatory. Effective
immediately.
LRB9003675LDdv
HB0797 Engrossed LRB9003675LDdv
1 AN ACT in relation to care facilities, amending certain
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Community Living Facilities Licensing Act
6 is amended by changing Section 10 as follows:
7 (210 ILCS 35/10) (from Ch. 111 1/2, par. 4190)
8 Sec. 10. Procedures for filing a complaint. (1) Any
9 person, agency, association or governmental body may file a
10 complaint with the Department alleging that a Community
11 Living Facility is in violation of this Act or of the rules
12 and regulations promulgated pursuant to this Act.
13 (2) The Department may conduct an investigation in order
14 to determine if the Community Living Facility is in
15 compliance. If, based on the results of its investigation,
16 the Department determines that the Community Living Facility
17 is not in compliance, it shall promptly serve a notice of
18 violation upon the licensee. Such notice of violation shall
19 comply with the requirements described in subsection (3) of
20 Section 8 of this Act. The Department may notify the
21 complainant of its findings.
22 (3) The complaint, a copy of the complaint, or a record
23 published, released or otherwise disclosed to the Community
24 Living Facility shall not disclose the name of the
25 complainant unless the complainant consents in writing to the
26 disclosure or the investigation results in a judicial
27 proceeding, or unless disclosure is essential to the
28 investigation.
29 (4) A licensee or its agents shall not transfer,
30 discharge, evict, harass, dismiss, or retaliate against a
31 resident or a parent or guardian of a resident or an employee
HB0797 Engrossed -2- LRB9003675LDdv
1 or agent who files a complaint under this Section 10 or who
2 testifies under Section 12 of this Act because of the
3 complaint or testimony.
4 A facility or person who retaliates against a person
5 because of a complaint or testimony of suspected maltreatment
6 shall be liable to that person for actual damages, punitive
7 damages up to $10,000, and attorney's fees.
8 There shall be a rebuttable presumption that any adverse
9 action, as defined in this subsection (4), within 90 days of
10 a report is retaliatory. For purposes of this subsection
11 (4), the term "adverse action" means action taken by a
12 facility or person involved in a report against the person
13 making the report or against a vulnerable adult with respect
14 to whom a report is made because of the report, and includes,
15 but is not limited to:
16 (A) Discharge or transfer from the facility;
17 (B) Discharge from or termination of employment;
18 (C) Demotion or reduction in remuneration for
19 services; or
20 (D) Restriction or prohibition of access to the
21 facility or its residents.
22 (5) Any person participating in good faith in the making
23 of a complaint, or in the investigation of such a complaint
24 shall not be deemed to have violated any privileged
25 communication and shall have immunity from any liability,
26 civil, criminal or that otherwise might result as a
27 consequence of making such a complaint. The good faith of any
28 persons making a complaint or participating in the
29 investigation of such a complaint shall be presumed.
30 (6) The owner and licensee are liable to a resident for
31 any intentional or negligent act or omission of their agents
32 or employees which injures the resident. In addition, the
33 licensee shall pay actual damages, or $500, whichever is
34 greater, and costs and attorney's fees to a resident whose
HB0797 Engrossed -3- LRB9003675LDdv
1 rights under this Act or under rules and regulations
2 promulgated hereunder are violated.
3 (Source: P.A. 82-567.)
4 Section 10. The Nursing Home Care Act is amended by
5 changing Section 3-608 as follows:
6 (210 ILCS 45/3-608) (from Ch. 111 1/2, par. 4153-608)
7 Sec. 3-608. A licensee or its agents or employees shall
8 not transfer, discharge, evict, harass, dismiss, or retaliate
9 against a resident, a resident's representative, or an
10 employee or agent who makes a report under Section 2-107,
11 brings or testifies in an action under Sections 3-601 through
12 3-607, or files a complaint under Section 3-702, because of
13 the report, testimony, or complaint.
14 A facility or person who retaliates against a person
15 because of a report of suspected maltreatment shall be liable
16 to that person for actual damages, punitive damages up to
17 $10,000, and attorney's fees.
18 There shall be a rebuttable presumption that any adverse
19 action, as defined in this Section, within 90 days of a
20 report is retaliatory. For purposes of this Section, the
21 term "adverse action" means action taken by a facility or
22 person involved in a report against the person making the
23 report or against a vulnerable adult with respect to whom a
24 report is made because of the report, and includes, but is
25 not limited to:
26 (A) Discharge or transfer from the facility;
27 (B) Discharge from or termination of employment;
28 (C) Demotion or reduction in remuneration for
29 services;
30 (D) Restriction or prohibition of access to the
31 facility or its residents; or
32 (E) Any restriction of resident rights established
HB0797 Engrossed -4- LRB9003675LDdv
1 by Article II of the Nursing Home Care Act.
2 (Source: P.A. 81-223.)
3 Section 15. The Community - Integrated Living
4 Arrangements Licensure and Certification Act is amended by
5 changing Section 5 as follows:
6 (210 ILCS 135/5) (from Ch. 91 1/2, par. 1705)
7 Sec. 5. (a) The Department may conduct an investigation
8 upon receipt of a complaint to insure that the agency is in
9 compliance with this Act. If, based upon the results of its
10 investigation, the Department determines that the agency is
11 not in compliance with this Act, it shall serve a notice of
12 violation upon the agency as set forth in paragraph (2) of
13 subsection (g) of Section 4 above. Upon request by a
14 complainant, the Department shall notify the complainant of
15 the results of any investigation of a complaint.
16 (b) The complaint, a copy of the complaint, or a record
17 published, released or otherwise disclosed to the agency
18 shall not disclose the name of the complainant unless the
19 complainant consents in writing to the disclosure or the
20 investigation results in a judicial proceeding, or unless
21 disclosure is essential to the investigation.
22 (c) An agency licensed under this Act or its agents
23 shall not transfer, harass, dismiss, or retaliate against a
24 recipient who is the subject of a complaint under this Act or
25 a parent or guardian of a recipient or an employee or agent
26 who files a complaint.
27 A facility or person who retaliates against a person
28 because of a complaint or testimony of suspected maltreatment
29 shall be liable to that person for actual damages, punitive
30 damages up to $10,000, and attorney's fees.
31 There shall be a rebuttable presumption that any adverse
32 action, as defined in this subsection (c), within 90 days of
HB0797 Engrossed -5- LRB9003675LDdv
1 a report is retaliatory. For purposes of this subsection
2 (c), the term "adverse action" means action taken by a
3 facility or person involved in a report against the person
4 making the report or against a vulnerable adult with respect
5 to whom a report is made because of the report, and includes,
6 but is not limited to:
7 (A) Discharge or transfer from the facility;
8 (B) Discharge from or termination of employment;
9 (C) Demotion or reduction in remuneration for
10 services; or
11 (D) Restriction or prohibition of access to the
12 facility or its residents.
13 (Source: P.A. 85-1250.)
14 Section 20. The Community Residential Alternatives
15 Licensing Act is amended by changing Section 10 as follows:
16 (210 ILCS 140/10) (from Ch. 91 1/2, par. 630)
17 Sec. 10. Procedures for filing a complaint. (1) Any
18 person, agency, association or governmental body may file a
19 complaint with the Department alleging that a community
20 residential alternative is in violation of this Act or of the
21 rules and regulations promulgated pursuant to this Act.
22 (2) The Department may conduct an investigation in order
23 to determine if the community residential alternative is in
24 compliance. If, based on the results of its investigation,
25 the Department determines that the community residential
26 alternative is not in compliance, it shall promptly serve a
27 notice of violation upon the licensee. Such notice of
28 violation shall comply with the requirements described in
29 subsection (2) of Section 8 of this Act. The Department may
30 notify the complainant of its findings.
31 (3) The complaint, a copy of the complaint, or a record
32 published, released or otherwise disclosed to the community
HB0797 Engrossed -6- LRB9003675LDdv
1 residential alternative shall not disclose the name of the
2 complainant unless the complainant consents in writing to the
3 disclosure or the investigation results in a judicial
4 proceeding, or unless disclosure is essential to the
5 investigation.
6 (4) A licensee or its agents shall not transfer,
7 discharge, evict, harass, dismiss, or retaliate against a
8 resident or a parent or guardian of a resident or an employee
9 or agent who files a complaint under this Section 10 or who
10 testifies under Section 12 of this Act because of the
11 complaint or testimony.
12 A facility or person who retaliates against a person
13 because of a complaint or testimony of suspected maltreatment
14 shall be liable to that person for actual damages, punitive
15 damages up to $10,000, and attorney's fees.
16 There shall be a rebuttable presumption that any adverse
17 action, as defined in this subsection (4), within 90 days of
18 a report is retaliatory. For purposes of this subsection
19 (4), the term "adverse action" means action taken by a
20 facility or person involved in a report against the person
21 making the report or against a vulnerable adult with respect
22 to whom a report is made because of the report, and includes,
23 but is not limited to:
24 (A) Discharge or transfer from the facility;
25 (B) Discharge from or termination of employment;
26 (C) Demotion or reduction in remuneration for
27 services; or
28 (D) Restriction or prohibition of access to the
29 facility or its residents.
30 (5) Any person participating in good faith in the making
31 of a complaint, or in the investigation of such a complaint
32 shall not be deemed to have violated any privileged
33 communication and shall have immunity from any liability,
34 civil, criminal or that otherwise might result as a
HB0797 Engrossed -7- LRB9003675LDdv
1 consequence of making such a complaint. The good faith of any
2 persons making a complaint or participating in the
3 investigation of such a complaint shall be presumed.
4 (6) The owner and licensee are liable to a resident for
5 any intentional or negligent act or omission of their agents
6 or employees which injures the resident. In addition, the
7 licensee shall pay actual damages, or $500, whichever is
8 greater, and costs and attorney's fees to a resident whose
9 rights under this Act or under rules and regulations
10 promulgated hereunder are violated.
11 (Source: P.A. 82-584.)
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.