Public Act 103-1069
 
HB2474 EnrolledLRB103 29883 AMQ 56294 b

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