Bill Text: IL HB5086 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Nurse Practice Act. Provides that when a health care facility is found liable for an injury to a patient or resident because of a negligent act performed by a nurse or certified nurse aide employed, assigned, or referred by the nurse agency, the health care facility has a right to be compensated by the nurse agency for any and all expenses, fines, or damages (rather than any and all expenses) incurred related to any liability for the nurse agency's negligence, including negligent hiring (rather than the nurse agency's negligent hiring). Requires a contract entered into between the nurse agency and health care facility to contain a provision specifying that the health care facility has a right to be compensated by the nurse agency for any and all expenses, fines, or damages incurred related to any liability for a negligent act performed by a nurse or certified nurse aide employed, assigned, or referred by the nurse agency. Makes a grammatical change.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed) 2024-04-30 - Referred to Assignments [HB5086 Detail]

Download: Illinois-2023-HB5086-Engrossed.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Nurse Agency Licensing Act is amended by
changing Sections 12 and 14.3 as follows:
(225 ILCS 510/12) (from Ch. 111, par. 962)
Sec. 12. Liability of nurse agencies. Health care
facilities are responsible for supervising nurse agency
employees assigned or referred to the facilities; however,
where a health care facility is found liable for an injury to a
patient or resident because of a negligent act performed by a
nurse or certified nurse aide employed, assigned, or referred
by the nurse agency, the health care facility has a right to be
compensated by the nurse agency for any and all expenses,
fines, or damages incurred related to any liability for the
nurse agency's negligence, including negligent hiring.
Negligent hiring by a nurse agency shall be the failure of an
agency to follow the procedures outlined in Section 13 of this
Act. This provision shall not otherwise limit in any way the
actions a health care facility may have against a nurse agency
at law or in equity. This Section is not subject to enforcement
by the Department.
(Source: P.A. 86-817; 86-1043.)

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(225 ILCS 510/14.3)
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 103rd General Assembly 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) A provision requiring that no No less than 100% of
the nurse or certified nurse aide hourly rate shall be
paid to the nurse or certified nurse aide employee.
(4) A provision specifying that the health care

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