Bill Title: Amends the Nurse Agency Licensing Act. Defines "covenant not to compete" and "employee". Changes the definitions of "health care facility" and "nurse". Provides that an application for licensure shall contain evidence of general and professional liability insurance (rather than only professional liability insurance) in the amount of at least $1,000,000 (instead of $500,000) per incident and $3,000,000 (instead of $1,000,000) in the aggregate and workers' compensation coverage (rather than only in the aggregate). Provides that for the renewal of a license, the licensee shall also submit an attestation detailing specified information. Provides that prior to employing, assigning, or referring a certified nurse aide to a position at a health care employer or long-term facility, the nurse agency shall review the information provided on the Health Care Worker Registry to verify that the certified nurse aide is not ineligible for the position. Provides that knowingly employing, assigning, or referring to a health care facility a nurse or certified nurse aid with an illegally or fraudulently obtained or issued diploma, registration, license, certificate, or background study constitutes negligent hiring and is a violation of the Act. Changes the minimum standards for the operation of nurse agencies. Provides that no less than 100% of the nurse or certified nurse aide hourly rate shall be paid to the nurse or certified nurse aide employee. Provides that nurse agencies are prohibited from entering into covenants not to compete with nurses and certified nurse aides. Provides that a nurse agency shall submit a report quarterly to the Department of Financial and Professional Regulation for each health care entity with whom the agency contracts. Provides that the Department of Financial and Professional Regulation shall publish on its website the reports yearly by county. Provides that the Department of Labor shall compel production of the maintained records by the nurse agencies. Provides that the Department of Financial and Professional Regulation shall establish a system of reporting complaints against a health care staffing agency. Provides that the Department of Financial and Professional Regulation shall publish on its website how an interested party may submit a complaint of a violation of the Act to the Department of Financial and Professional Regulation. Provides that complaints against a nurse agency shall be investigated by the Department of Labor. Increases the civil penalty for violation of the Act to $10,000 per occurrence (currently $1,000 per day for each violation). Provides that any nurse staffing agency that has been found not to have paid an employee 100% of the hourly wage rate identified in the contract shall be liable to the employee for the actual amount of the underpayment, plus damages of 5% of the amount of the underpayment. Provides that a contract entered into on or after the effective date of the amendatory Act between the nurse agency and health care facility must contain specified provisions. Provides that a party's failure to comply with the requirements of the provisions concerning a contract between a nurse agency and a health care facility shall be a defense to the enforcement of a contract between a nurse agency and a health care facility. Provides that a prevailing party may recover specified damages, specified fees and costs, and other relief for each violation. Makes other changes. Makes a corresponding change in the Freedom of Information Act. Effective July 1, 2022.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Passed) 2022-05-27 - Public Act . . . . . . . . . 102-0946
[HB4666 Detail]Download: Illinois-2021-HB4666-Chaptered.html
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Public Act 102-0946
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HB4666 Enrolled | LRB102 24163 AMQ 33389 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Freedom of Information Act is amended by |
changing Section 7.5 as follows:
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(5 ILCS 140/7.5)
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Sec. 7.5. Statutory exemptions. To the extent provided for |
by the statutes referenced below, the following shall be |
exempt from inspection and copying: |
(a) All information determined to be confidential |
under Section 4002 of the Technology Advancement and |
Development Act. |
(b) Library circulation and order records identifying |
library users with specific materials under the Library |
Records Confidentiality Act. |
(c) Applications, related documents, and medical |
records received by the Experimental Organ Transplantation |
Procedures Board and any and all documents or other |
records prepared by the Experimental Organ Transplantation |
Procedures Board or its staff relating to applications it |
has received. |
(d) Information and records held by the Department of |
Public Health and its authorized representatives relating |
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to known or suspected cases of sexually transmissible |
disease or any information the disclosure of which is |
restricted under the Illinois Sexually Transmissible |
Disease Control Act. |
(e) Information the disclosure of which is exempted |
under Section 30 of the Radon Industry Licensing Act. |
(f) Firm performance evaluations under Section 55 of |
the Architectural, Engineering, and Land Surveying |
Qualifications Based Selection Act. |
(g) Information the disclosure of which is restricted |
and exempted under Section 50 of the Illinois Prepaid |
Tuition Act. |
(h) Information the disclosure of which is exempted |
under the State Officials and Employees Ethics Act, and |
records of any lawfully created State or local inspector |
general's office that would be exempt if created or |
obtained by an Executive Inspector General's office under |
that Act. |
(i) Information contained in a local emergency energy |
plan submitted to a municipality in accordance with a |
local emergency energy plan ordinance that is adopted |
under Section 11-21.5-5 of the Illinois Municipal Code. |
(j) Information and data concerning the distribution |
of surcharge moneys collected and remitted by carriers |
under the Emergency Telephone System Act. |
(k) Law enforcement officer identification information |
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or driver identification information compiled by a law |
enforcement agency or the Department of Transportation |
under Section 11-212 of the Illinois Vehicle Code. |
(l) Records and information provided to a residential |
health care facility resident sexual assault and death |
review team or the Executive Council under the Abuse |
Prevention Review Team Act. |
(m) Information provided to the predatory lending |
database created pursuant to Article 3 of the Residential |
Real Property Disclosure Act, except to the extent |
authorized under that Article. |
(n) Defense budgets and petitions for certification of |
compensation and expenses for court appointed trial |
counsel as provided under Sections 10 and 15 of the |
Capital Crimes Litigation Act. This subsection (n) shall |
apply until the conclusion of the trial of the case, even |
if the prosecution chooses not to pursue the death penalty |
prior to trial or sentencing. |
(o) Information that is prohibited from being |
disclosed under Section 4 of the Illinois Health and |
Hazardous Substances Registry Act. |
(p) Security portions of system safety program plans, |
investigation reports, surveys, schedules, lists, data, or |
information compiled, collected, or prepared by or for the |
Department of Transportation under Sections 2705-300 and |
2705-616 of the Department of Transportation Law of the |
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Civil Administrative Code of Illinois, the Regional |
Transportation Authority under Section 2.11 of the |
Regional Transportation Authority Act, or the St. Clair |
County Transit District under the Bi-State Transit Safety |
Act. |
(q) Information prohibited from being disclosed by the |
Personnel Record Review Act. |
(r) Information prohibited from being disclosed by the |
Illinois School Student Records Act. |
(s) Information the disclosure of which is restricted |
under Section 5-108 of the Public Utilities Act.
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(t) All identified or deidentified health information |
in the form of health data or medical records contained |
in, stored in, submitted to, transferred by, or released |
from the Illinois Health Information Exchange, and |
identified or deidentified health information in the form |
of health data and medical records of the Illinois Health |
Information Exchange in the possession of the Illinois |
Health Information Exchange Office due to its |
administration of the Illinois Health Information |
Exchange. The terms "identified" and "deidentified" shall |
be given the same meaning as in the Health Insurance |
Portability and Accountability Act of 1996, Public Law |
104-191, or any subsequent amendments thereto, and any |
regulations promulgated thereunder. |
(u) Records and information provided to an independent |
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team of experts under the Developmental Disability and |
Mental Health Safety Act (also known as Brian's Law). |
(v) Names and information of people who have applied |
for or received Firearm Owner's Identification Cards under |
the Firearm Owners Identification Card Act or applied for |
or received a concealed carry license under the Firearm |
Concealed Carry Act, unless otherwise authorized by the |
Firearm Concealed Carry Act; and databases under the |
Firearm Concealed Carry Act, records of the Concealed |
Carry Licensing Review Board under the Firearm Concealed |
Carry Act, and law enforcement agency objections under the |
Firearm Concealed Carry Act. |
(v-5) Records of the Firearm Owner's Identification |
Card Review Board that are exempted from disclosure under |
Section 10 of the Firearm Owners Identification Card Act. |
(w) Personally identifiable information which is |
exempted from disclosure under subsection (g) of Section |
19.1 of the Toll Highway Act. |
(x) Information which is exempted from disclosure |
under Section 5-1014.3 of the Counties Code or Section |
8-11-21 of the Illinois Municipal Code. |
(y) Confidential information under the Adult |
Protective Services Act and its predecessor enabling |
statute, the Elder Abuse and Neglect Act, including |
information about the identity and administrative finding |
against any caregiver of a verified and substantiated |
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decision of abuse, neglect, or financial exploitation of |
an eligible adult maintained in the Registry established |
under Section 7.5 of the Adult Protective Services Act. |
(z) Records and information provided to a fatality |
review team or the Illinois Fatality Review Team Advisory |
Council under Section 15 of the Adult Protective Services |
Act. |
(aa) Information which is exempted from disclosure |
under Section 2.37 of the Wildlife Code. |
(bb) Information which is or was prohibited from |
disclosure by the Juvenile Court Act of 1987. |
(cc) Recordings made under the Law Enforcement |
Officer-Worn Body Camera Act, except to the extent |
authorized under that Act. |
(dd) Information that is prohibited from being |
disclosed under Section 45 of the Condominium and Common |
Interest Community Ombudsperson Act. |
(ee) Information that is exempted from disclosure |
under Section 30.1 of the Pharmacy Practice Act. |
(ff) Information that is exempted from disclosure |
under the Revised Uniform Unclaimed Property Act. |
(gg) Information that is prohibited from being |
disclosed under Section 7-603.5 of the Illinois Vehicle |
Code. |
(hh) Records that are exempt from disclosure under |
Section 1A-16.7 of the Election Code. |
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(ii) Information which is exempted from disclosure |
under Section 2505-800 of the Department of Revenue Law of |
the Civil Administrative Code of Illinois. |
(jj) Information and reports that are required to be |
submitted to the Department of Labor by registering day |
and temporary labor service agencies but are exempt from |
disclosure under subsection (a-1) of Section 45 of the Day |
and Temporary Labor Services Act. |
(kk) Information prohibited from disclosure under the |
Seizure and Forfeiture Reporting Act. |
(ll) Information the disclosure of which is restricted |
and exempted under Section 5-30.8 of the Illinois Public |
Aid Code. |
(mm) Records that are exempt from disclosure under |
Section 4.2 of the Crime Victims Compensation Act. |
(nn) Information that is exempt from disclosure under |
Section 70 of the Higher Education Student Assistance Act. |
(oo) Communications, notes, records, and reports |
arising out of a peer support counseling session |
prohibited from disclosure under the First Responders |
Suicide Prevention Act. |
(pp) Names and all identifying information relating to |
an employee of an emergency services provider or law |
enforcement agency under the First Responders Suicide |
Prevention Act. |
(qq) Information and records held by the Department of |
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Public Health and its authorized representatives collected |
under the Reproductive Health Act. |
(rr) Information that is exempt from disclosure under |
the Cannabis Regulation and Tax Act. |
(ss) Data reported by an employer to the Department of |
Human Rights pursuant to Section 2-108 of the Illinois |
Human Rights Act. |
(tt) Recordings made under the Children's Advocacy |
Center Act, except to the extent authorized under that |
Act. |
(uu) Information that is exempt from disclosure under |
Section 50 of the Sexual Assault Evidence Submission Act. |
(vv) Information that is exempt from disclosure under |
subsections (f) and (j) of Section 5-36 of the Illinois |
Public Aid Code. |
(ww) Information that is exempt from disclosure under |
Section 16.8 of the State Treasurer Act. |
(xx) Information that is exempt from disclosure or |
information that shall not be made public under the |
Illinois Insurance Code. |
(yy) Information prohibited from being disclosed under |
the Illinois Educational Labor Relations Act. |
(zz) Information prohibited from being disclosed under |
the Illinois Public Labor Relations Act. |
(aaa) Information prohibited from being disclosed |
under Section 1-167 of the Illinois Pension Code. |
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(bbb) (ccc) Information that is prohibited from |
disclosure by the Illinois Police Training Act and the |
Illinois State Police Act. |
(ccc) (ddd) Records exempt from disclosure under |
Section
2605-304 of the Illinois Department of State |
Police Law of the Civil
Administrative Code of Illinois. |
(ddd) (bbb) Information prohibited from being |
disclosed under Section 35 of the Address Confidentiality |
for Victims of Domestic Violence, Sexual Assault, Human |
Trafficking, or Stalking Act. |
(eee) (ddd) Information prohibited from being |
disclosed under subsection (b) of Section 75 of the |
Domestic Violence Fatality Review Act. |
(fff) Information prohibited from disclosure under |
paragraph (3) of subsection (a) of Section 14 of the Nurse |
Agency Licensing Act. |
(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; |
101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. |
1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, |
eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; |
101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. |
1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, |
eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; |
102-559, eff. 8-20-21; revised 10-5-21.)
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Section 10. The Nurse Agency Licensing Act is amended by |
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changing Sections 3, 5, 7, 13, 14, and 14.1 and by adding |
Section 14.3 as follows:
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(225 ILCS 510/3) (from Ch. 111, par. 953)
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Sec. 3. Definitions. As used in this Act:
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(a) "Certified nurse aide" means an individual certified |
as defined in
Section 3-206 of the Nursing Home Care Act, |
Section 3-206 of the ID/DD Community Care Act, or Section |
3-206 of the MC/DD Act, as now or hereafter amended.
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"Covenant not to compete" means an agreement between a |
nurse agency and an employee that restricts the employee from |
performing: |
(1) any work for another employer for a specified |
period of time; |
(2) any work in a specified geographic area; or |
(3) any work for another employer that is similar to |
the work the employee performs for the employer that is a |
party to the agreement. |
(b) "Department" means the Department of Labor.
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(c) "Director" means the Director of Labor.
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"Employee" means a nurse or a certified nurse aide. |
(d) "Health care facility" is defined as in Section 3 of |
the Illinois
Health Facilities Planning Act, as now or |
hereafter amended. "Health care facility" also includes any |
facility licensed, certified, or approved by any State agency |
and subject to regulation under the Assisted Living and Shared |
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Housing Act or the Illinois Public Aid Code.
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(e) "Licensee" means any nursing agency which is properly |
licensed under
this Act.
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(f) "Nurse" means a registered nurse , or a licensed |
practical nurse , an advanced practice registered nurse, or any |
individual licensed under as
defined in the Nurse Practice |
Act.
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(g) "Nurse agency" means any individual, firm, |
corporation,
partnership or other legal entity that employs, |
assigns or refers nurses
or certified nurse aides to a health |
care facility for a
fee. The term "nurse agency" includes |
nurses registries. The term "nurse
agency" does not include |
services provided by home
health agencies licensed and |
operated under the Home Health, Home Services, and Home |
Nursing Agency
Licensing Act or a licensed or certified
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individual who provides his or her own services as a regular |
employee of a
health care facility, nor does it apply to a |
health care facility's
organizing nonsalaried employees to |
provide services only in that
facility.
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(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
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(225 ILCS 510/5) (from Ch. 111, par. 955)
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Sec. 5. Application for license. An application to operate |
a nurse
agency shall be made to the Department on forms |
provided by the Department.
A separate application shall be |
submitted for each additional location
from which a nurse |
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agency is operated. All applications must be under
oath and |
must be accompanied by an equitable application fee which will |
be
set by the Department by rule. A separate license must be |
obtained for each
location from which a nurse agency is |
operated unless the nurse agency is
owned and managed by the |
same person or persons. Submission of false or
misleading |
information is a petty offense punishable by a fine of $500.
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The application shall contain the following information:
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(1) name and address of the person, partnership, |
corporation or other
entity that is the applicant;
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(2) if the applicant is a corporation or limited liability |
company , a copy of its articles of
incorporation or |
organization , a copy of its current bylaws, and the names and |
addresses of
its officers and directors and shareholders |
owning more than 5% of the
corporation's stock or membership |
units ;
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(3) the name and location of premises from which the |
applicant will
provide services;
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(4) the names and addresses of the person or persons under |
whose
management or supervision the nurse agency will be |
operated;
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(5) a statement of financial solvency;
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(6) a statement detailing the experience and |
qualifications of the
applicant to operate a nurse agency, |
however, the failure of a nurse agency
to demonstrate previous |
experience to operate an agency does not in and of
itself |
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constitute grounds for the denial of a license;
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(7) evidence of compliance or intent to comply with State |
or federal law
relating to employee compensation, including |
but not limited to, social
security taxes, State and federal |
income taxes, workers' compensation,
unemployment taxes, and |
State and federal overtime compensation laws;
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(8) evidence of general and professional liability |
insurance in the amounts of at
least $1,000,000 $500,000 per |
incident and $3,000,000 $1,000,000 in aggregate and workers' |
compensation coverage for all nurses or certified nursing |
aides employed, assigned, or referred by the nurse agency to a |
health care facility ; and
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(8.5) copies of all currently effective contracts with |
health care facilities; and |
(9) any other relevant information which the Department |
determines is
necessary to properly evaluate the applicant and |
application as required by
the Department by rule.
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(Source: P.A. 86-817; 86-1043; 86-1472; 87-435.)
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(225 ILCS 510/7) (from Ch. 111, par. 957)
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Sec. 7. Renewal of license. At least 90 days prior to |
license
expiration, the licensee shall submit an attestation |
detailing the number of contracted shifts, number of shifts |
missed, number of shifts fulfilled for the 3 quarters |
preceding the application date, and an application which meets |
the
requirements of Section 5 of this Act for renewal of the |
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license. If the
application is approved pursuant to Section 6, |
the license shall be renewed
for an additional one-year |
period.
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(Source: P.A. 86-817; 86-1043.)
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(225 ILCS 510/13) (from Ch. 111, par. 963)
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Sec. 13. Application for employment.
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(a) Every nurse agency shall cause
each applicant for |
employment, assignment, or referral, as a nurse to
complete an |
application form including the following information:
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(1) name and address of the applicant;
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(2) whether or not such applicant is a nurse currently |
licensed by the
Department of Professional Regulation;
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(3) if so licensed, the number and date of such |
license; and
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(4) references and dates and places of previous |
employment.
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Prior to employing, assigning, or referring a nurse, the |
agency shall
contact the Department of Financial and |
Professional Regulation to determine whether the
nurse's |
license is valid and in good standing. Written verification |
shall
be sent by the Department of Financial and Professional |
Regulation within 20 working
days. At least biennially |
thereafter, the nurse agency shall contact the
Department of |
Financial and Professional Regulation to verify this |
information in
writing. The nurse agency shall review the |
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disciplinary report published
by the Department of Financial |
and Professional Regulation on a monthly basis to
determine |
whether the nurse's license is valid and in good standing.
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(b) Every nurse agency shall cause each applicant for |
employment,
assignment, or referral, as a certified nurse aide |
to complete an
application form including the following |
information:
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(1) name and address of the applicant;
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(2) whether or not the nurse aide is registered as |
having completed a
certified course as approved by the |
Department of Public Health; and
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(3) references and dates and places of previous |
employment.
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Prior to employing, assigning, or referring a certified |
nurse aide, the agency shall review the information provided |
on the Health Care Worker Registry to verify that the |
certification is valid . Prior to employing, assigning, or |
referring a certified nurse aide to a position at a health care |
employer or long-term facility as defined in the Health Care |
Worker Background Check Act, the nurse agency shall review the |
information provided on the Health Care Worker Registry to |
verify and that the certified nurse aide is not ineligible for |
the position to be hired by health care employers or long-term |
care facilities pursuant to Section 25 of the Health Care |
Worker Background Check Act.
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(c) Every nurse agency shall check at least 2 recent |
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references and the
dates of employment provided by the |
applicant, unless the applicant has not
had 2 previous |
employers.
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(d) Knowingly employing, assigning, or referring to a |
health care facility a nurse or certified nurse aide with an |
illegally or fraudulently obtained or issued diploma, |
registration, license, certificate, or background study |
constitutes negligent hiring by a nurse agency and is a |
violation of this Act. |
(e) (d) Nurses or certified nurses aides employed, |
assigned, or referred to
a health care facility by a nurse |
agency shall be deemed to be employees of
the nurse agency |
while working for the nurse agency or on nurse agency
|
employment, assignment or referral.
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(Source: P.A. 99-652, eff. 1-1-17 .)
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(225 ILCS 510/14) (from Ch. 111, par. 964)
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Sec. 14. Minimum Standards. |
(a) The Department, by rule, shall
establish minimum |
standards for the operation of nurse agencies. Those
standards |
shall include, but are not limited to: |
(1) the maintenance of written
policies and |
procedures; |
(2) the maintenance and submission to the Department |
of copies of all contracts between the nurse agency and |
health care facility to which it assigns or refers nurses |
|
or certified nurse aides and copies of all invoices to |
health care facilities personnel. Executed contracts must |
be sent to the Department within 5 business days of their |
effective date and procedures ; and |
(3) (2) the development of personnel policies for |
nurses or certified nurse aides employed, assigned, or |
referred to health care facilities, including which
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include a personal interview, a reference check, an annual
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evaluation of each employee (which may be based in part |
upon information provided by
health care facilities |
utilizing nurse agency personnel) and periodic
health |
examinations. Executed contracts must be sent to the |
Department within 5 business days of their effective date |
and are not subject to disclosure under the Freedom of |
Information Act. No less than 100% of the nurse or |
certified nurse aide hourly rate shall be paid to the |
nurse or certified nurse aide employee.
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(b) Each nurse agency shall have a nurse serving as a |
manager or
supervisor of all nurses and certified nurses |
aides.
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(c) Each nurse agency shall
ensure that its employees meet |
the minimum
licensing, training, continuing education, and |
orientation standards for
which those employees
are licensed |
or certified.
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(d) A nurse agency shall not employ, assign, or refer for |
use in an Illinois
health care facility a nurse or certified |
|
nurse aide unless certified or
licensed under applicable |
provisions of State and federal law or regulations.
Each |
certified nurse aide shall comply with all pertinent
|
regulations of the Illinois Department of Public Health |
relating to the
health and other qualifications of personnel |
employed in health care facilities.
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(e) The Department may adopt rules to monitor the usage of |
nurse agency services to
determine their impact.
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(f) Nurse agencies are prohibited from recruiting |
potential employees on the premises of a health care facility |
or requiring, as a condition of
employment, assignment, or |
referral, that their employees
recruit new employees for the |
nurse agency from
among the permanent employees of the health |
care facility to which the
nurse agency employees have been |
employed,
assigned, or referred,
and the health care facility |
to which such employees are employed, assigned,
or referred is |
prohibited from requiring, as a condition of employment,
that |
their employees recruit new employees from these nurse agency
|
employees. Violation of this provision is a business offense.
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(g) Nurse agencies are prohibited from entering into |
covenants not to compete with nurses and certified nurse |
aides. A covenant not to compete entered into on or after the |
effective date of this amendatory Act of the 102nd General |
Assembly between a nurse agency and a nurse or certified nurse |
aide is illegal and void. The nursing agency shall not, in any |
contract with any employee or health care facility, require |
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the payment of liquidated damages, conversion fees, employment |
fees, buy-out fees, placement fees, or other compensation if |
the employee is hired as a permanent employee of a health care |
facility. |
(h) A nurse agency shall submit a report quarterly to the |
Department for each health care entity with whom the agency |
contracts that includes all of the following by provider type |
and county in which the work was performed: |
(1) A list of the average amount charged to the health |
care facility for each individual employee category. |
(2) A list of the average amount paid by the agency to |
employees in each individual employee category. |
(3) A list of the average amount of labor-related |
costs paid by the agency for each employee category, |
including payroll taxes, workers' compensation insurance, |
professional liability coverage, credentialing and |
testing, and other employee related costs. |
The Department shall publish by county in which the work |
was performed the average amount charged to the health care |
facilities by nurse agencies for each individual worker |
category and the average amount paid by the agency to each |
individual worker category. |
(i) The Department shall publish on its website the |
reports yearly by county. |
(j) The Department of Labor shall compel production of the |
maintained records, as required under this Section, by the |
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nurse agencies. |
(Source: P.A. 86-817.)
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(225 ILCS 510/14.1)
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Sec. 14.1. Investigations; orders; civil penalties.
|
(a) The Department may at any time, and shall upon |
receiving a complaint
from any interested person, investigate |
any person licensed or applying for a
license under this Act |
suspected of violating any provision of any Section except |
Section 14.3 . The Department shall investigate any person who
|
operates or advertises a nurse agency without being licensed |
under this Act. The Department shall establish a system of |
reporting complaints against a health care staffing agency. |
The Department shall publish on its website how an interested |
party may submit a complaint of a violation of this Act to the |
Department. Complaints may be made by an interested party. |
Complaints against a nurse agency shall be investigated by the |
Department of Labor. The investigations shall take into |
consideration the responsibility of health care facilities |
under Section 12 for supervising nurse agency employees |
assigned or referred to the facilities. For purposes of this |
Section, "interested party" means a health care facility, |
nurse staffing agency, or an employee of a health care |
facility or nurse staffing agency.
|
The Director or his or her authorized representative may |
examine the premises
of any nurse agency, may compel by |
|
subpoena,
for examination or inspection, the attendance and |
testimony of witnesses and
the production of books, payrolls, |
records, papers and other evidence in any
investigation or |
hearing, and may administer oaths or affirmations to
|
witnesses.
|
(b) After appropriate notice and hearing, and if supported |
by the evidence,
the Department may issue and cause to be |
served on any person an order to cease
and desist from |
violation of this Act and to take any further action that is
|
reasonable to eliminate the effect of the violation of any |
Section except Section 14.3 .
|
Whenever it appears that any person has violated a valid |
order of the
Department issued under this Act, the Director |
may commence an action and
obtain from the court an order |
directing the person to obey the order of the
Department or be |
subject to punishment for contempt of court.
|
The Department may petition the court for an order |
enjoining any
violation of any Section of this Act except |
Section 14.3 .
|
(c) Any licensee or applicant who violates any provision |
of this Act or the
rules adopted under this Act shall be |
subject to a civil penalty of $10,000 per occurrence payable |
to the Department for the purpose of enforcing this Act $1,000 |
per
day for each violation . Civil penalties may be assessed by |
the Department in
an administrative action and may, if |
necessary, be recovered in a civil action
brought by the |
|
Director through the Attorney General of the State of Illinois
|
or the State's attorney of any county in which the violation |
occurred. The
court may order that the civil penalties |
assessed for violation
of this Act, together with any costs or |
attorney's fees arising out of the
action to collect the |
penalties, be paid to the Department. The fact that the
|
violation has ceased does not excuse any person from liability |
for civil
penalties arising from the violation.
|
(d) Any nurse staffing agency that has been found not to |
have paid an employee 100% of the hourly wage rate identified |
in the contract between such nurse staffing agency and health |
care facility shall be liable to the employee for the actual |
amount of the underpayment, plus damages of 5% of the amount of |
the underpayment. |
(Source: P.A. 88-230.)
|
(225 ILCS 510/14.3 new) |
Sec. 14.3. Contracts between nurse agencies and health |
care facilities. |
(a) A contract entered into on or after the effective date |
of this amendatory Act of the 102nd General Assembly between |
the nurse agency and health care facility must contain the |
following provisions: |
(1) A full disclosure of charges and compensation.
The |
disclosure shall include a schedule of all hourly bill |
rates per category of employee, a full description of |
|
administrative charges, and a schedule of rates of all |
compensation per category of employee, including, but not |
limited to, hourly regular pay rate, shift differential, |
weekend differential, hazard pay, charge nurse add-on, |
overtime, holiday pay, and travel or mileage pay. |
(2) A commitment that nurses or certified nurse aides |
employed, assigned, or referred to a health care facility |
by the nurse agency perform any and all duties called for |
within the full scope of practice for which the nurse or |
certified nurse aide is licensed or certified. |
(3) No less than 100% of the nurse or certified nurse |
aide hourly rate shall be paid to the nurse or certified |
nurse aide employee. |
(b) A party's failure to comply with the requirements of |
subsection (a) shall be a defense to the enforcement of a |
contract between a nurse agency and a health care facility. |
Any health care facility or nurse agency aggrieved by a |
violation of subsection (a) shall have a right of action in a |
State court against the offending party. A prevailing party |
may recover for each violation: |
(1) liquidated damages of $1,500 or actual damages, |
whichever is greater; |
(2) reasonable attorney's fees and costs, including |
expert witness fees and other litigation expenses; and |
(3) other relief, including an injunction, as the |
court may deem appropriate.
|
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Section 99. Effective date. This Act takes effect July 1, |
2022.
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