Full Text of HB2474 103rd General Assembly
HB2474sam002 103RD GENERAL ASSEMBLY | Sen. Lakesia Collins Filed: 1/4/2025 | | 10300HB2474sam002 | | LRB103 29883 RPS 77072 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 2474
| 2 | | AMENDMENT NO. ______. Amend House Bill 2474, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following: | 5 | | "Section 5. The Nursing Home Care Act is amended by | 6 | | changing Sections 3-209 and 3-602 and by adding Sections 2-120 | 7 | | and 3-125 as follows: | 8 | | (210 ILCS 45/2-120 new) | 9 | | Sec. 2-120. Prohibition on retaliatory action against | 10 | | residents. | 11 | | (a) In this Section, "retaliatory action" means an action | 12 | | that is taken in retaliation for a resident's involvement in | 13 | | one or more of the protected activities described in | 14 | | paragraphs (1) through (8) of subsection (b) and that | 15 | | interferes with a resident's quality of life at the facility | 16 | | or results in either the imposition of selective restrictions |
| | | 10300HB2474sam002 | - 2 - | LRB103 29883 RPS 77072 a |
|
| 1 | | or the resident's neglect or reduced access to services. | 2 | | (b) No facility, licensee of a facility, or employee of a | 3 | | facility shall threaten to take or take a retaliatory action | 4 | | against a resident of the facility because the resident does | 5 | | any one or more of the following: | 6 | | (1) complains, discloses, or threatens to disclose, to | 7 | | a supervisor, a public body, including, but not limited | 8 | | to, the Office of the State Long Term Care Ombudsman, or | 9 | | any other person with regulatory authority, an activity, | 10 | | inaction, policy, or practice implemented by a licensee or | 11 | | facility that the resident reasonably believes violates a | 12 | | law, rule, or regulation; | 13 | | (2) provides information to or testifies before a | 14 | | public body conducting an investigation, hearing, or | 15 | | inquiry into a violation of a law, rule, or regulation by | 16 | | an administrator of the facility; | 17 | | (3) assists or participates in a proceeding to enforce | 18 | | the provisions of this Act, including a grievance | 19 | | procedure under Section 2-112; | 20 | | (4) seeks assistance for the resident to transition to | 21 | | independent living or another setting outside of the | 22 | | resident's current facility; | 23 | | (5) makes a request of the facility related to the | 24 | | resident's care; | 25 | | (6) becomes a member of a residents' advisory council | 26 | | as described in Section 2-203, a resident union, or a |
| | | 10300HB2474sam002 | - 3 - | LRB103 29883 RPS 77072 a |
|
| 1 | | similar organization; | 2 | | (7) engages in activity protected in Section 3-608; or | 3 | | (8) takes any other good faith action in support of | 4 | | any other right or remedy provided by law. | 5 | | (c) A resident of a facility who alleges a violation of | 6 | | subsection (b) by a facility, the licensee of a facility, or an | 7 | | employee of a facility may bring a civil action for damages | 8 | | against the facility, the licensee who is responsible for the | 9 | | facility, or both, within 2 years after the date of the last | 10 | | violation of subsection (b) that is alleged in the resident's | 11 | | complaint. A violation of subsection (b) may be established | 12 | | upon a finding that (i) the facility, the licensee of the | 13 | | facility, or the employee of the facility engaged in conduct | 14 | | described in subsection (b) and (ii) this conduct was a | 15 | | contributing factor in the retaliatory action alleged by the | 16 | | resident. | 17 | | (d) For each claimed violation of subsection (b) by a | 18 | | facility, a licensee of a facility, or an employee of a | 19 | | facility, the facility, the licensee who is responsible for | 20 | | the facility, or both may also be liable to the resident for | 21 | | additional damages in an amount equal to the average monthly | 22 | | billing rate for Medicaid recipients in the facility. | 23 | | (e) A copy of any complaint filed under this Section shall | 24 | | be filed with the Department. | 25 | | (f) To ensure compliance with the requirements of this | 26 | | Section, each licensee shall annually provide to the residents |
| | | 10300HB2474sam002 | - 4 - | LRB103 29883 RPS 77072 a |
|
| 1 | | of its facility and their next of kin, a document containing a | 2 | | description of the retaliation complaint procedures and | 3 | | remedies established under this Act. The licensee shall file | 4 | | this document in the resident's document file. This document | 5 | | shall also be made available to the resident, the resident's | 6 | | representative, the Department, or the Office of the State | 7 | | Long Term Care Ombudsman upon request. | 8 | | (210 ILCS 45/3-125 new) | 9 | | Sec. 3-125. Retaliation-prevention training. The | 10 | | administrators of a facility licensed under this Act shall | 11 | | ensure that all staff of the facility receive annual | 12 | | in-service training designed to prevent retaliatory actions | 13 | | from being taken against residents of the facility. | 14 | | Administrators shall ensure that the person who conducts the | 15 | | in-service training at a facility is familiar with the | 16 | | specific needs of the resident population at the facility. | 17 | | With the advice and consent of the Office of the State Long | 18 | | Term Care Ombudsman, the Department shall adopt rules that set | 19 | | forth the training parameters and subjects which will ensure | 20 | | that the in-service training conducted by administrators under | 21 | | this Section includes, at a minimum, a discussion of the | 22 | | following topics: | 23 | | (1) a resident's right to file complaints and voice | 24 | | grievances in the event of retaliation; | 25 | | (2) examples of what might constitute retaliation |
| | | 10300HB2474sam002 | - 5 - | LRB103 29883 RPS 77072 a |
|
| 1 | | against a resident; and | 2 | | (3) methods of preventing employee retaliation against | 3 | | residents and alleviating a resident's fear of | 4 | | retaliation. | 5 | | (210 ILCS 45/3-209) (from Ch. 111 1/2, par. 4153-209) | 6 | | Sec. 3-209. Required posting of information. | 7 | | (a) Every facility shall conspicuously post for display in | 8 | | an area of its offices accessible to residents, employees, and | 9 | | visitors the following: | 10 | | (1) Its current license; | 11 | | (2) A description, provided by the Department, of | 12 | | complaint procedures established under this Act and the | 13 | | name, address, and telephone number of a person authorized | 14 | | by the Department to receive complaints; | 15 | | (3) A copy of any order pertaining to the facility | 16 | | issued by the Department or a court; | 17 | | (4) A list of the material available for public | 18 | | inspection under Section 3-210; | 19 | | (5) Phone numbers and websites for rights protection | 20 | | services must be posted in common areas and at the main | 21 | | entrance and provided upon entry and at the request of | 22 | | residents or the resident's representative in accordance | 23 | | with 42 CFR 483.10(j)(4); and | 24 | | (6) The statement "The Illinois Long-Term Care | 25 | | Ombudsman Program is a free resident advocacy service |
| | | 10300HB2474sam002 | - 6 - | LRB103 29883 RPS 77072 a |
|
| 1 | | available to the public." ; and . | 2 | | (7) A description of the retaliation complaint | 3 | | procedures and the remedies established under this Act. | 4 | | In accordance with F574 of the State Operations Manual for | 5 | | Long-Term Care Facilities, the administrator shall post for | 6 | | all residents and at the main entrance the name, address, and | 7 | | telephone number of the appropriate State governmental office | 8 | | where complaints may be lodged in language the resident can | 9 | | understand, which must include notice of the grievance | 10 | | procedure of the facility or program as well as addresses and | 11 | | phone numbers for the Office of Health Care Regulation and the | 12 | | Long-Term Care Ombudsman Program and a website showing the | 13 | | information of a facility's ownership. The facility shall | 14 | | include a link to the Long-Term Care Ombudsman Program's | 15 | | website on the home page of the facility's website. | 16 | | (b) A facility that has received a notice of violation for | 17 | | a violation of the minimum staffing requirements under Section | 18 | | 3-202.05 shall display, during the period of time the facility | 19 | | is out of compliance, a notice stating in Calibri (body) font | 20 | | and 26-point type in black letters on an 8.5 by 11 inch white | 21 | | paper the following: | 22 | | "Notice Dated: ................... | 23 | | This facility does not currently meet the minimum staffing | 24 | | ratios required by law. Posted at the direction of the | 25 | | Illinois Department of Public Health.". |
| | | 10300HB2474sam002 | - 7 - | LRB103 29883 RPS 77072 a |
|
| 1 | | The notice must be posted, at a minimum, at all publicly used | 2 | | exterior entryways into the facility, inside the main entrance | 3 | | lobby, and next to any registration desk for easily accessible | 4 | | viewing. The notice must also be posted on the main page of the | 5 | | facility's website. The Department shall have the discretion | 6 | | to determine the gravity of any violation and, taking into | 7 | | account mitigating and aggravating circumstances and facts, | 8 | | may reduce the requirement of, and amount of time for, posting | 9 | | the notice. | 10 | | (Source: P.A. 101-10, eff. 6-5-19; 102-1080, eff. 1-1-23 .) | 11 | | (210 ILCS 45/3-602) (from Ch. 111 1/2, par. 4153-602) | 12 | | Sec. 3-602. The licensee shall pay the actual damages and | 13 | | costs and attorney's fees to a facility resident whose rights, | 14 | | as specified in Part 1 of Article II of this Act, including, | 15 | | but not limited to, the rights under Section 2-120, are | 16 | | violated. | 17 | | (Source: P.A. 89-197, eff. 7-21-95.)". |
|