State of Illinois
90th General Assembly
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90_SB0757

      210 ILCS 35/10            from Ch. 111 1/2, par. 4190
      210 ILCS 45/3-608         from Ch. 111 1/2, par. 4153-608
      210 ILCS 135/5            from Ch. 91 1/2, par. 1705
      210 ILCS 140/10           from Ch. 91 1/2, par. 630
          Amends the Community Living Facilities Licensing Act, the
      Nursing  Home  Care  Act,  the  Community-Integrated   Living
      Arrangements   Licensure   and  Certification  Act,  and  the
      Community Residential Alternatives Licensing  Act.   Provides
      that  a  facility  or person licensed under any of those Acts
      who retaliates against a person because  of  a  complaint  or
      testimony  of  suspected  maltreatment  shall  be  liable for
      damages and  attorney's  fees.   Provides  that  there  is  a
      rebuttable  presumption  that  certain  adverse actions, when
      taken within 90 days of a report, are retaliatory.
                                                     LRB9003290LDgc
                                               LRB9003290LDgc
 1        AN ACT in relation to care facilities,  amending  certain
 2    named Acts.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Community Living Facilities Licensing Act
 6    is amended by changing Section 10 as follows:
 7        (210 ILCS 35/10) (from Ch. 111 1/2, par. 4190)
 8        Sec. 10.  Procedures for  filing  a  complaint.  (1)  Any
 9    person,  agency,  association or governmental body may file a
10    complaint with  the  Department  alleging  that  a  Community
11    Living  Facility  is in violation of this Act or of the rules
12    and regulations promulgated pursuant to this Act.
13        (2)  The Department may conduct an investigation in order
14    to  determine  if  the  Community  Living  Facility   is   in
15    compliance.   If,  based on the results of its investigation,
16    the Department determines that the Community Living  Facility
17    is  not  in  compliance,  it shall promptly serve a notice of
18    violation upon the licensee.  Such notice of violation  shall
19    comply  with  the requirements described in subsection (3) of
20    Section  8  of  this  Act.  The  Department  may  notify  the
21    complainant of its findings.
22        (3)  The complaint, a copy of the complaint, or a  record
23    published,  released  or otherwise disclosed to the Community
24    Living  Facility  shall  not  disclose  the   name   of   the
25    complainant unless the complainant consents in writing to the
26    disclosure   or  the  investigation  results  in  a  judicial
27    proceeding,  or  unless  disclosure  is  essential   to   the
28    investigation.
29        (4)   A  licensee  or  its  agents  shall  not  transfer,
30    discharge, evict, harass, dismiss,  or  retaliate  against  a
31    resident or a parent or guardian of a resident or an employee
                            -2-                LRB9003290LDgc
 1    or  agent  who files a complaint under this Section 10 or who
 2    testifies under  Section  12  of  this  Act  because  of  the
 3    complaint or testimony.
 4        A  facility  or  person  who  retaliates against a person
 5    because of a complaint or testimony of suspected maltreatment
 6    shall be liable to that person for actual  damages,  punitive
 7    damages up to $10,000, and attorney's fees.
 8        There  shall be a rebuttable presumption that any adverse
 9    action, as defined in this subsection (4), within 90 days  of
10    a  report  is  retaliatory.   For purposes of this subsection
11    (4), the term  "adverse  action"  means  action  taken  by  a
12    facility  or  person  involved in a report against the person
13    making the report or against a vulnerable adult with  respect
14    to whom a report is made because of the report, and includes,
15    but is not limited to:
16             (A)  Discharge or transfer from the facility;
17             (B)  Discharge from or termination of employment;
18             (C)  Demotion   or  reduction  in  remuneration  for
19        services; or
20             (D)  Restriction or prohibition  of  access  to  the
21        facility or its residents.
22        (5)  Any person participating in good faith in the making
23    of a complaint, or in the investigation of such  a  complaint
24    shall   not   be  deemed  to  have  violated  any  privileged
25    communication and shall have  immunity  from  any  liability,
26    civil,   criminal   or  that  otherwise  might  result  as  a
27    consequence of making such a complaint. The good faith of any
28    persons  making  a  complaint   or   participating   in   the
29    investigation of such a complaint shall be presumed.
30        (6)  The  owner and licensee are liable to a resident for
31    any intentional or negligent act or omission of their  agents
32    or  employees  which  injures the resident.  In addition, the
33    licensee shall pay actual  damages,  or  $500,  whichever  is
34    greater,  and  costs  and attorney's fees to a resident whose
                            -3-                LRB9003290LDgc
 1    rights  under  this  Act  or  under  rules  and   regulations
 2    promulgated hereunder are violated.
 3    (Source: P.A. 82-567.)
 4        Section  10.  The  Nursing  Home  Care  Act is amended by
 5    changing Section 3-608 as follows:
 6        (210 ILCS 45/3-608) (from Ch. 111 1/2, par. 4153-608)
 7        Sec. 3-608.  A licensee or its agents or employees  shall
 8    not transfer, discharge, evict, harass, dismiss, or retaliate
 9    against  a  resident,  a  resident's  representative,  or  an
10    employee  or  agent  who  makes a report under Section 2-107,
11    brings or testifies in an action under Sections 3-601 through
12    3-607, or files a complaint under Section 3-702,  because  of
13    the report, testimony, or complaint.
14        A  facility  or  person  who  retaliates against a person
15    because of a report of suspected maltreatment shall be liable
16    to that person for actual damages,  punitive  damages  up  to
17    $10,000, and attorney's fees.
18        There  shall be a rebuttable presumption that any adverse
19    action, as defined in this  Section,  within  90  days  of  a
20    report  is  retaliatory.   For  purposes of this Section, the
21    term "adverse action" means action taken  by  a  facility  or
22    person  involved  in  a  report against the person making the
23    report or against a vulnerable adult with respect to  whom  a
24    report  is  made  because of the report, and includes, but is
25    not limited to:
26             (A)  Discharge or transfer from the facility;
27             (B)  Discharge from or termination of employment;
28             (C)  Demotion  or  reduction  in  remuneration   for
29        services;
30             (D)  Restriction  or  prohibition  of  access to the
31        facility or its residents; or
32             (E)  Any restriction of resident rights  established
                            -4-                LRB9003290LDgc
 1        by Article II of the Nursing Home Care Act.
 2    (Source: P.A. 81-223.)
 3        Section    15.  The   Community   -   Integrated   Living
 4    Arrangements Licensure and Certification Act  is  amended  by
 5    changing Section 5 as follows:
 6        (210 ILCS 135/5) (from Ch. 91 1/2, par. 1705)
 7        Sec.  5.  (a) The Department may conduct an investigation
 8    upon receipt of a complaint to insure that the agency  is  in
 9    compliance  with this Act.  If, based upon the results of its
10    investigation, the Department determines that the  agency  is
11    not  in  compliance with this Act, it shall serve a notice of
12    violation upon the agency as set forth in  paragraph  (2)  of
13    subsection  (g)  of  Section  4  above.    Upon  request by a
14    complainant, the Department shall notify the  complainant  of
15    the results of any investigation of a complaint.
16        (b)  The  complaint, a copy of the complaint, or a record
17    published, released or  otherwise  disclosed  to  the  agency
18    shall  not  disclose  the  name of the complainant unless the
19    complainant consents in writing  to  the  disclosure  or  the
20    investigation  results  in  a  judicial proceeding, or unless
21    disclosure is essential to the investigation.
22        (c)  An agency licensed under  this  Act  or  its  agents
23    shall  not  transfer, harass, dismiss, or retaliate against a
24    recipient who is the subject of a complaint under this Act or
25    a parent or guardian of a recipient or an employee  or  agent
26    who files a complaint.
27        A  facility  or  person  who  retaliates against a person
28    because of a complaint or testimony of suspected maltreatment
29    shall be liable to that person for actual  damages,  punitive
30    damages up to $10,000, and attorney's fees.
31        There  shall be a rebuttable presumption that any adverse
32    action, as defined in this subsection (c), within 90 days  of
                            -5-                LRB9003290LDgc
 1    a  report  is  retaliatory.   For purposes of this subsection
 2    (c), the term  "adverse  action"  means  action  taken  by  a
 3    facility  or  person  involved in a report against the person
 4    making the report or against a vulnerable adult with  respect
 5    to whom a report is made because of the report, and includes,
 6    but is not limited to:
 7             (A)  Discharge or transfer from the facility;
 8             (B)  Discharge from or termination of employment;
 9             (C)  Demotion   or  reduction  in  remuneration  for
10        services; or
11             (D)  Restriction or prohibition  of  access  to  the
12        facility or its residents.
13    (Source: P.A. 85-1250.)
14        Section   20.  The   Community  Residential  Alternatives
15    Licensing Act is amended by changing Section 10 as follows:
16        (210 ILCS 140/10) (from Ch. 91 1/2, par. 630)
17        Sec. 10.  Procedures for  filing  a  complaint.  (1)  Any
18    person,  agency,  association or governmental body may file a
19    complaint with  the  Department  alleging  that  a  community
20    residential alternative is in violation of this Act or of the
21    rules and regulations promulgated pursuant to this Act.
22        (2)  The Department may conduct an investigation in order
23    to  determine  if the community residential alternative is in
24    compliance.  If, based on the results of  its  investigation,
25    the  Department  determines  that  the  community residential
26    alternative is not in compliance, it shall promptly  serve  a
27    notice  of  violation  upon  the  licensee.   Such  notice of
28    violation shall comply with  the  requirements  described  in
29    subsection  (2)  of Section 8 of this Act. The Department may
30    notify the complainant of its findings.
31        (3)  The complaint, a copy of the complaint, or a  record
32    published,  released  or otherwise disclosed to the community
                            -6-                LRB9003290LDgc
 1    residential alternative shall not disclose the  name  of  the
 2    complainant unless the complainant consents in writing to the
 3    disclosure   or  the  investigation  results  in  a  judicial
 4    proceeding,  or  unless  disclosure  is  essential   to   the
 5    investigation.
 6        (4)  A   licensee  or  its  agents  shall  not  transfer,
 7    discharge, evict, harass, dismiss,  or  retaliate  against  a
 8    resident or a parent or guardian of a resident or an employee
 9    or  agent  who files a complaint under this Section 10 or who
10    testifies under  Section  12  of  this  Act  because  of  the
11    complaint or testimony.
12        A  facility  or  person  who  retaliates against a person
13    because of a complaint or testimony of suspected maltreatment
14    shall be liable to that person for actual  damages,  punitive
15    damages up to $10,000, and attorney's fees.
16        There  shall be a rebuttable presumption that any adverse
17    action, as defined in this subsection (4), within 90 days  of
18    a  report  is  retaliatory.   For purposes of this subsection
19    (4), the term  "adverse  action"  means  action  taken  by  a
20    facility  or  person  involved in a report against the person
21    making the report or against a vulnerable adult with  respect
22    to whom a report is made because of the report, and includes,
23    but is not limited to:
24             (A)  Discharge or transfer from the facility;
25             (B)  Discharge from or termination of employment;
26             (C)  Demotion   or  reduction  in  remuneration  for
27        services; or
28             (D)  Restriction or prohibition  of  access  to  the
29        facility or its residents.
30        (5)  Any person participating in good faith in the making
31    of  a  complaint, or in the investigation of such a complaint
32    shall  not  be  deemed  to  have  violated   any   privileged
33    communication  and  shall  have  immunity from any liability,
34    civil,  criminal  or  that  otherwise  might  result   as   a
                            -7-                LRB9003290LDgc
 1    consequence of making such a complaint. The good faith of any
 2    persons   making   a   complaint   or  participating  in  the
 3    investigation of such a complaint shall be presumed.
 4        (6)  The owner and licensee are liable to a resident  for
 5    any  intentional or negligent act or omission of their agents
 6    or employees which injures the resident.   In  addition,  the
 7    licensee  shall  pay  actual  damages,  or $500, whichever is
 8    greater, and costs and attorney's fees to  a  resident  whose
 9    rights   under  this  Act  or  under  rules  and  regulations
10    promulgated hereunder are violated.
11    (Source: P.A. 82-584.)

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