Bill Text: IL HB2474 | 2023-2024 | 103rd General Assembly | Enrolled

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Bill Title: Amends the Nursing Home Care Act. Provides, in a provision that prohibits retaliatory action against residents, that "retaliatory action" means an action that is taken in retaliation for a resident's involvement in certain protected activities 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. Prohibits a facility, licensee of a facility, or an employee of a facility from threatening to take or taking a retaliatory action against a resident of the facility because the resident engages in one or more of the specified protected activities. Authorizes a resident of a facility who alleges a violation by a facility, the licensee of a facility, or an employee of a facility to 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 that is alleged in the resident's complaint. Provides that, for each claimed violation 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. Requires a copy of residents' complaints under these provisions to be filed with the Department of Public Health. Provides that each licensee shall annually provide, to the residents of its facilities and their next of kin, a document containing a description of the retaliation complaint procedures and remedies established under the Act. Contains provisions concerning retaliation-prevention training. Requires every facility to conspicuously post for display in an area of its offices accessible to residents, employees, and visitors a description of the retaliation complaint procedures and remedies established under the Act. Makes a conforming change.

Spectrum: Moderate Partisan Bill (Democrat 20-4)

Status: (Enrolled - Dead) 2025-01-06 - Passed Both Houses [HB2474 Detail]

Download: Illinois-2023-HB2474-Enrolled.html

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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

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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

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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.

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(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

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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

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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,

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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.)