HB5450 98TH GENERAL ASSEMBLY

LRB098 15916 RPM 51110 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5450

Introduced , by Rep. Greg Harris

SYNOPSIS AS INTRODUCED:

210 ILCS 45/3-601	from Ch. 111 1/2, par. 4153-601
210 ILCS 45/3-602	from Ch. 111 1/2, par. 4153-602
210 ILCS 45/3-603	from Ch. 111 1/2, par. 4153-603
210 ILCS 45/3-604	from Ch. 111 1/2, par. 4153-604

Amends the Nursing Home Care Act. Provides that the owner and licensee of a facility are liable to a resident or the representative of the resident's estate appointed under the Probate Act of 1975, a special administrator appointed under the Code of Civil Procedure, or a special administrator appointed under the Wrongful Death Act (rather than only the resident) for any intentional or negligent act or omission of their agents or employees which injures or causes the death of the resident (rather than which injures the resident). Provides that the licensee shall pay the actual damages or damages accruing under the Wrongful Death Act or both, costs, and attorney's fees to a facility resident whose rights are violated or to the representative of the resident's estate appointed under the Probate Act of 1975, a special administrator appointed under the Code of Civil Procedure, or a special administrator appointed under the Wrongful Death Act (rather than the licensee shall pay the actual damages and costs and attorney's fees to a facility resident whose rights are violated). Provides that a resident or the representative of the resident's estate appointed under the Probate Act of 1975, a special administrator appointed under the Code of Civil Procedure, or a special administrator appointed under the Wrongful Death Act (rather than only the resident) may maintain an action under the Act; makes a corresponding change concerning remedies.

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 Sections 3-601, 3-602, 3-603, and 3-604 as follows:

(210 ILCS 45/3-601) (from Ch. 111 1/2, par. 4153-601)

Sec. 3-601. The owner and licensee are liable to a resident or the representative of the resident's estate appointed under the Probate Act of 1975, a special administrator appointed under the Code of Civil Procedure, or a special administrator appointed under the Wrongful Death Act for any intentional or negligent act or omission of their agents or employees which injures or causes the death of the resident.

(Source: P.A. 81-223.)

(210 ILCS 45/3-602) (from Ch. 111 1/2, par. 4153-602)

Sec. 3-602. The licensee shall pay the actual damages or damages accruing under the Wrongful Death Act or both, and costs, and attorney's fees to a facility resident whose rights, as specified in Part 1 of Article II of this Act, are violated or to the representative of the resident's estate appointed under the Probate Act of 1975, a special administrator appointed under the Code of Civil Procedure, or a special administrator appointed under the Wrongful Death Act.

(Source: P.A. 89-197, eff. 7-21-95.)

(210 ILCS 45/3-603) (from Ch. 111 1/2, par. 4153-603)

Sec. 3-603. A resident or the representative of the resident's estate appointed under the Probate Act of 1975, a special administrator appointed under the Code of Civil Procedure, or a special administrator appointed under the Wrongful Death Act may maintain an action under this Act for any other type of relief, including injunctive and declaratory relief, permitted by law.

(Source: P.A. 81-223.)

(210 ILCS 45/3-604) (from Ch. 111 1/2, par. 4153-604)

Sec. 3-604. Any damages recoverable under Sections 3-601 through 3-607, including minimum damages as provided by these Sections, may be recovered in any action which a court may authorize to be brought as a class action pursuant to the Civil Practice Law. The remedies provided in Sections 3-601 through 3-607, are in addition to and cumulative with any other legal remedies available to a resident or the representative of the resident's estate appointed under the Probate Act of 1975, a special administrator appointed under the Code of Civil Procedure, or a special administrator appointed under the Wrongful Death Act. Exhaustion of any available administrative remedies shall not be required prior to commencement of suit hereunder.

(Source: P.A. 82-783.)