Full Text of HB5086 103rd General Assembly
HB5086eng 103RD GENERAL ASSEMBLY | | | HB5086 Engrossed | | LRB103 38463 RTM 68599 b |
|
| 1 | | AN ACT concerning regulation. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Nurse Agency Licensing Act is amended by | 5 | | changing Sections 12 and 14.3 as follows: | 6 | | (225 ILCS 510/12) (from Ch. 111, par. 962) | 7 | | Sec. 12. Liability of nurse agencies. Health care | 8 | | facilities are responsible for supervising nurse agency | 9 | | employees assigned or referred to the facilities; however, | 10 | | where a health care facility is found liable for an injury to a | 11 | | patient or resident because of a negligent act performed by a | 12 | | nurse or certified nurse aide employed, assigned , or referred | 13 | | by the nurse agency, the health care facility has a right to be | 14 | | compensated by the nurse agency for any and all expenses , | 15 | | fines, or damages incurred related to any liability for the | 16 | | nurse agency's negligence, including negligent hiring. | 17 | | Negligent hiring by a nurse agency shall be the failure of an | 18 | | agency to follow the procedures outlined in Section 13 of this | 19 | | Act. This provision shall not otherwise limit in any way the | 20 | | actions a health care facility may have against a nurse agency | 21 | | at law or in equity. This Section is not subject to enforcement | 22 | | by the Department. | 23 | | (Source: P.A. 86-817; 86-1043.) |
| | | HB5086 Engrossed | - 2 - | LRB103 38463 RTM 68599 b |
|
| 1 | | (225 ILCS 510/14.3) | 2 | | Sec. 14.3. Contracts between nurse agencies and health | 3 | | care facilities. | 4 | | (a) A contract entered into on or after the effective date | 5 | | of this amendatory Act of the 103rd General Assembly this | 6 | | amendatory Act of the 102nd General Assembly between the nurse | 7 | | agency and health care facility must contain the following | 8 | | provisions: | 9 | | (1) A full disclosure of charges and compensation. The | 10 | | disclosure shall include a schedule of all hourly bill | 11 | | rates per category of employee, a full description of | 12 | | administrative charges, and a schedule of rates of all | 13 | | compensation per category of employee, including, but not | 14 | | limited to, hourly regular pay rate, shift differential, | 15 | | weekend differential, hazard pay, charge nurse add-on, | 16 | | overtime, holiday pay, and travel or mileage pay. | 17 | | (2) A commitment that nurses or certified nurse aides | 18 | | employed, assigned, or referred to a health care facility | 19 | | by the nurse agency perform any and all duties called for | 20 | | within the full scope of practice for which the nurse or | 21 | | certified nurse aide is licensed or certified. | 22 | | (3) A provision requiring that no No less than 100% of | 23 | | the nurse or certified nurse aide hourly rate shall be | 24 | | paid to the nurse or certified nurse aide employee. | 25 | | (4) A provision specifying that the health care |
| | | HB5086 Engrossed | - 3 - | LRB103 38463 RTM 68599 b |
|
| 1 | | facility has a right to be compensated by the nurse agency | 2 | | for any and all expenses, fines, or damages incurred | 3 | | related to any liability for a negligent act performed by | 4 | | a nurse or certified nurse aide employed, assigned, or | 5 | | referred by the nurse agency. | 6 | | (b) A party's failure to comply with the requirements of | 7 | | subsection (a) shall be a defense to the enforcement of a | 8 | | contract between a nurse agency and a health care facility. | 9 | | Any health care facility or nurse agency aggrieved by a | 10 | | violation of subsection (a) shall have a right of action in a | 11 | | State court against the offending party. A prevailing party | 12 | | may recover for each violation: | 13 | | (1) liquidated damages of $1,500 or actual damages, | 14 | | whichever is greater; | 15 | | (2) reasonable attorney's fees and costs, including | 16 | | expert witness fees and other litigation expenses; and | 17 | | (3) other relief, including an injunction, as the | 18 | | court may deem appropriate. | 19 | | (c) This Section does not apply to contracts on a | 20 | | long-term basis between a nurse agency and a health care | 21 | | facility providing for the employment, assignment, or referral | 22 | | of nurses or certified nurse aides to the health care | 23 | | facility. | 24 | | (Source: P.A. 102-946, eff. 7-1-22; 102-1124, eff. 2-3-23.) |
|