Bill Text: IL SB3559 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Nursing Home Care Act. Provides that a facility shall not take any retaliatory action against a resident of the facility because the resident (1) complains, discloses, or threatens to disclose to a supervisor, a public body, or any other person an activity, inaction, policy, or practice implemented by a facility that the resident reasonably believes is in violation of a law or rule, or regulation or that the resident believes to be problematic; (2) provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of a law, rule, or regulation by a nursing home administrator; (3) assists or participates in a proceeding to enforce the provisions of the Act; (4) seeks assistance for himself or herself or others to transition to independent living or another setting outside of their current nursing home; (5) makes a request of the facility related to the resident's care; (6) becomes a member of a resident council, resident union, or similar organization; or (7) takes any other good faith action in support of any other right or remedy provided by law. Describes remedies that may be awarded to a resident of a facility for a violation of these requirements. Authorizes a claim of retaliation under the Act to be filed in any court of competent jurisdiction or any administrative hearing process conducted by the State and its agencies or departments with jurisdiction to hear complaints by employees or residents against nursing homes.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced) 2024-04-24 - Added as Co-Sponsor Sen. Julie A. Morrison [SB3559 Detail]

Download: Illinois-2023-SB3559-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3559 Introduced 2/9/2024, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED:
210 ILCS 45/3-810
Amends the Nursing Home Care Act. Provides that a facility shall not take any retaliatory action against a resident of the facility because the resident (1) complains, discloses, or threatens to disclose to a supervisor, a public body, or any other person an activity, inaction, policy, or practice implemented by a facility that the resident reasonably believes is in violation of a law or rule, or regulation or that the resident believes to be problematic; (2) provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of a law, rule, or regulation by a nursing home administrator; (3) assists or participates in a proceeding to enforce the provisions of the Act; (4) seeks assistance for himself or herself or others to transition to independent living or another setting outside of their current nursing home; (5) makes a request of the facility related to the resident's care; (6) becomes a member of a resident council, resident union, or similar organization; or (7) takes any other good faith action in support of any other right or remedy provided by law. Describes remedies that may be awarded to a resident of a facility for a violation of these requirements. Authorizes a claim of retaliation under the Act to be filed in any court of competent jurisdiction or any administrative hearing process conducted by the State and its agencies or departments with jurisdiction to hear complaints by employees or residents against nursing homes.
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A BILL FOR
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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 Nursing Home Care Act is amended by
changing Section 3-810 as follows:
(210 ILCS 45/3-810)
Sec. 3-810. Whistleblower protection.
(a) In this Section, "retaliatory action" means (1) the
reprimand, discharge, suspension, demotion, denial of
promotion or transfer, or change in the terms and conditions
of employment of any employee of a facility that is taken in
retaliation for the employee's involvement in a protected
activity as set forth in paragraphs (1) through (3) of
subsection (b); or (2) reduced access to services, neglect,
selective restrictions, adverse actions that interfere with
the resident's quality of life at the facility, or threats of
such actions that are taken in retaliation for any resident of
a facility's involvement in a protected activity as set forth
in paragraph (1) through (7) of subsection (c).
(b) A facility shall not take any retaliatory action
against an employee of the facility, including a nursing home
administrator, because the employee does any of the following:
(1) Discloses or threatens to disclose to a supervisor

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or to a public body an activity, inaction, policy, or
practice implemented by a facility that the employee
reasonably believes is in violation of a law, rule, or
regulation.
(2) Provides information to or testifies before any
public body conducting an investigation, hearing, or
inquiry into any violation of a law, rule, or regulation
by a nursing home administrator.
(3) Assists or participates in a proceeding to enforce
the provisions of this Act.
(b-5) A facility shall not take any retaliatory action
against a resident of the facility because the resident does
any of the following:
(1) complains, discloses, or threatens to disclose to
a supervisor, a public body, or any other person an
activity, inaction, policy, or practice implemented by a
facility that the resident reasonably believes is in
violation of a law or rule, or regulation or that the
resident believes to be problematic;
(2) provides information to or testifies before any
public body conducting an investigation, hearing, or
inquiry into any violation of a law, rule, or regulation
by a nursing home administrator;
(3) assists or participates in a proceeding to enforce
the provisions of this Act;
(4) seeks assistance for himself or herself or others

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to transition to independent living or another setting
outside of their current nursing home;
(5) makes a request of the facility related to the
resident's care;
(6) becomes a member of a resident council, resident
union, or similar organization; or
(7) takes any other good faith action in support of
any other right or remedy provided by law.
(c) A violation of this Section may be established only
upon a finding that (i) the employee of the facility engaged in
conduct described in subsection (b) of this Section and this
conduct was a contributing factor in the retaliatory action
alleged by the employee; or and (ii) the resident of the
facility engaged in conduct described in subsection (c) of
this Section and this conduct was a contributing factor in the
retaliatory action alleged by the resident. A resident or
employee may allege retaliation as a prima facie case of
retaliation, which can be overcome by the facility, within one
year after a resident or employee engages in conduct described
in subsections (b) or (c) this conduct was a contributing
factor in the retaliatory action alleged by the employee.
There is no violation of this Section, however, if the
facility demonstrates by clear and convincing evidence that it
would have taken the same unfavorable personnel action in the
absence of that conduct.
(d) The employee of the facility may be awarded all

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remedies necessary to make the employee whole and to prevent
future violations of this Section. Remedies imposed by the
court may include, but are not limited to, all of the
following:
(1) Reinstatement of the employee to either the same
position held before the retaliatory action or to an
equivalent position.
(2) Two times the amount of back pay.
(3) Interest on the back pay.
(4) Reinstatement of full fringe benefits and
seniority rights.
(5) Payment of reasonable costs and attorney's fees.
(d-5) The resident of the facility may be awarded all
remedies necessary to make the resident whole and prevent
future violations of this Section. Remedies imposed by the
court or other administrative body with appropriate
jurisdiction may include, but are not limited to, all of the
following:
(1) injunctive relief;
(2) 2 times the amount of the facility's monthly
billing amount for that resident; and
(3) payment of reasonable costs and attorney's fees.
(d-10) A claim of retaliation under this Act may be filed
in any court of competent jurisdiction or any administrative
hearing process conducted by the State and its agencies or
departments with jurisdiction to hear complaints by employees

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