SB3559 103RD GENERAL ASSEMBLY

LRB103 38350 CES 68485 b

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.

A BILL FOR

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 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 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 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 or residents against nursing homes.

(e) Nothing in this Section shall be deemed to diminish the rights, privileges, or remedies of an employee of a facility under any other federal or State law, rule, or regulation or under any employment contract.

(Source: P.A. 96-1372, eff. 7-29-10.)