Bill Amendment: IL HB3716 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LONG-TERM CARE TRANSITION
Status: 2023-05-31 - House Floor Amendment No. 3 Rule 19(c) / Re-referred to Rules Committee [HB3716 Detail]
Download: Illinois-2023-HB3716-House_Amendment_001.html
Bill Title: LONG-TERM CARE TRANSITION
Status: 2023-05-31 - House Floor Amendment No. 3 Rule 19(c) / Re-referred to Rules Committee [HB3716 Detail]
Download: Illinois-2023-HB3716-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3716
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2 | AMENDMENT NO. ______. Amend House Bill 3716 on page 1, | ||||||
3 | line 5, by replacing "4-101 and 4-105" with "4-101, 4-105, and | ||||||
4 | 4-110"; and
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5 | on page 3, line 14, by deleting " , appointed by the Governor "; | ||||||
6 | and
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7 | on page 3, line 24, after " Assembly ", by inserting " , | ||||||
8 | appointed by the Governor "; and
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9 | on page 3, line 26, after " Assembly ", by inserting " , | ||||||
10 | appointed by the Governor "; and
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11 | on page 4, line 2, after " Assembly ", by inserting " , appointed | ||||||
12 | by the Governor "; and
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13 | on page 4, line 4, after " Assembly ", by inserting " , appointed |
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1 | by the Governor "; and
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2 | on page 4, line 8, after " settings ", by inserting " , appointed | ||||||
3 | by the Gov ernor "; and
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4 | on page 4, line 10, after " Council ", by inserting " , appointed | ||||||
5 | by the Governor "; and
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6 | on page 4, line 13, after " Council ", by inserting " , appointed | ||||||
7 | by the Governor "; and
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8 | on page 4, line 16, after " Council ", by inserting " , appointed | ||||||
9 | by the Governor "; and
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10 | on page 4, line 18, after " associations ", by inserting " , | ||||||
11 | appointed by the Governor "; and
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12 | on page 4, by replacing line 21 with " Statewide Independent | ||||||
13 | Living Council, appointed by the Governor; "; and
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14 | on page 4, immediately below line 21, by inserting the | ||||||
15 | following: | ||||||
16 | " (16) one representative of a statewide organization | ||||||
17 | advocating on behalf of seniors, appointed by the Governor; | ||||||
18 | and "; and
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1 | on page 4, line 22, by replacing " (16) " with " (17) "; and
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2 | on page 4, line 23, after " State ", by inserting " , appointed by | ||||||
3 | the Governor "; and
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4 | on page 6, immediately below line 7, by inserting the | ||||||
5 | following:
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6 | "(210 ILCS 45/4-110 new) | ||||||
7 | Sec. 4-110. Prohibition on retaliation against facility | ||||||
8 | resident or employee complaint. | ||||||
9 | (a) Facility owners, management, and employees are | ||||||
10 | prohibited from retaliating against facility residents or | ||||||
11 | employees who complain about facility services, including the | ||||||
12 | facility's physical condition, medical care, social supports | ||||||
13 | and services, access to visitation and time outside the | ||||||
14 | facility, and any other attribute connected to a resident's | ||||||
15 | experience of living in a facility. | ||||||
16 | (b) There is a rebuttable presumption of retaliation if a | ||||||
17 | resident or employee experiences reduced access to services, | ||||||
18 | neglect, selective restrictions, hostility, transfer to | ||||||
19 | another facility, reduction of work hours, reassignment to | ||||||
20 | less desirable hours, or threats to take any of these actions | ||||||
21 | within 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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1 | employees as prohibited by this Section is liable for each and | ||||||
2 | every offense for all remedies available at law, including, | ||||||
3 | but not limited to, future pecuniary losses, emotional pain, | ||||||
4 | suffering, inconvenience, mental anguish, loss of enjoyment of | ||||||
5 | life, and other nonpecuniary losses, plus attorney's fees and | ||||||
6 | costs. In addition, if the facility or facility management is | ||||||
7 | found to have retaliated as prohibited by this Section, the | ||||||
8 | facility is liable to the complaining resident for a penalty | ||||||
9 | in the additional amount of 2 times the facility's monthly | ||||||
10 | billing amount for that resident. | ||||||
11 | (d) A resident may allege retaliation as an affirmative | ||||||
12 | defense to any action to remove or transfer the resident from a | ||||||
13 | facility. | ||||||
14 | (e) A claim for retaliation under this Act may be filed in | ||||||
15 | any court of competent jurisdiction or any administrative | ||||||
16 | hearing process operated by or through the State of Illinois | ||||||
17 | and its State departments. ".
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