HB3716ham001 103RD GENERAL ASSEMBLY

Rep. Anna Moeller

Filed: 3/21/2023

10300HB3716ham001 LRB103 30277 BMS 59619 a

AMENDMENT TO HOUSE BILL 3716

AMENDMENT NO. ______. Amend House Bill 3716 on page 1, line 5, by replacing "4-101 and 4-105" with "4-101, 4-105, and 4-110"; and

on page 3, line 14, by deleting ", appointed by the Governor"; and

on page 3, line 24, after "Assembly", by inserting ", appointed by the Governor"; and

on page 3, line 26, after "Assembly", by inserting ", appointed by the Governor"; and

on page 4, line 2, after "Assembly", by inserting ", appointed by the Governor"; and

on page 4, line 4, after "Assembly", by inserting ", appointed by the Governor"; and

on page 4, line 8, after "settings", by inserting ", appointed by the Gov ernor"; and

on page 4, line 10, after "Council", by inserting ", appointed by the Governor"; and

on page 4, line 13, after "Council", by inserting ", appointed by the Governor"; and

on page 4, line 16, after "Council", by inserting ", appointed by the Governor"; and

on page 4, line 18, after "associations", by inserting ", appointed by the Governor"; and

on page 4, by replacing line 21 with "Statewide Independent Living Council, appointed by the Governor;"; and

on page 4, immediately below line 21, by inserting the following:

"(16) one representative of a statewide organization advocating on behalf of seniors, appointed by the Governor; and"; and

on page 4, line 22, by replacing "(16)" with "(17)"; and

on page 4, line 23, after "State", by inserting ", appointed by the Governor"; and

on page 6, immediately below line 7, by inserting the following:

"(210 ILCS 45/4-110 new)

Sec. 4-110. Prohibition on retaliation against facility resident or employee complaint.

(a) Facility owners, management, and employees are prohibited from retaliating against facility residents or employees who complain about facility services, including the facility's physical condition, medical care, social supports and services, access to visitation and time outside the facility, and any other attribute connected to a resident's experience of living in a facility.

(b) There is a rebuttable presumption of retaliation if a resident or employee experiences reduced access to services, neglect, selective restrictions, hostility, transfer to another facility, reduction of work hours, reassignment to less desirable hours, or threats to take any of these actions within a year after a resident or employee:

(1) complains of violations or problems applicable to the facility to a competent governmental agency, elected representative, or other individual responsible for enforcing any law applicable to a facility;

(2) complains of violations or problems applicable to a facility to a community organization or the news media;

(3) complains of violations or problems applicable to a facility to an ombudsman;

(4) complains of building, health, or similar code violations or an illegal facility practice to any government official, ombudsman, or member of the public;

(5) seeks the assistance of a community organization, union, or the news media to remedy a violation or improper practice;

(6) seeks assistance for themselves or others to transition to independent living;

(7) requests the facility make repairs, address grievances, or meet regulatory requirements under a building code, health ordinance, or other regulation;

(8) requests that the facility comply with a care plan;

(9) becomes a member of a resident council, resident union, employee union, or similar organization;

(10) testifies in any court or administrative proceeding concerning the condition of the facility; or

(11) took other good faith action in support of any other right or remedy provided by law.

(c) Anyone who retaliates against facility residents or employees as prohibited by this Section is liable for each and every offense for all remedies available at law, including, but not limited to, future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses, plus attorney's fees and costs. In addition, if the facility or facility management is found to have retaliated as prohibited by this Section, the facility is liable to the complaining resident for a penalty in the additional amount of 2 times the facility's monthly billing amount for that resident.

(d) A resident may allege retaliation as an affirmative defense to any action to remove or transfer the resident from a facility.

(e) A claim for retaliation under this Act may be filed in any court of competent jurisdiction or any administrative hearing process operated by or through the State of Illinois and its State departments.".