Public Act 103-0848
 
HB5086 EnrolledLRB103 38463 RTM 68599 b

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