Rep. Anna Moeller

Filed: 3/21/2023

 

 

 

10300HB3716ham001 LRB103 30277 BMS 59619 a
1		AMENDMENT TO HOUSE BILL 3716
2		AMENDMENT NO. ______. Amend House Bill 3716 on page 1,
3		line 5, by replacing "4-101 and 4-105" with "4-101, 4-105, and
4		4-110"; and
5		on page 3, line 14, by deleting ", appointed by the Governor";
6		and
7		on page 3, line 24, after "Assembly", by inserting ",
8		appointed by the Governor"; and
9		on page 3, line 26, after "Assembly", by inserting ",
10		appointed by the Governor"; and
11		on page 4, line 2, after "Assembly", by inserting ", appointed
12		by the Governor"; and
13		on page 4, line 4, after "Assembly", by inserting ", appointed

10300HB3716ham001 - 2 - LRB103 30277 BMS 59619 a
1		by the Governor"; and
2		on page 4, line 8, after "settings", by inserting ", appointed
3		by the Gov ernor"; and
4		on page 4, line 10, after "Council", by inserting ", appointed
5		by the Governor"; and
6		on page 4, line 13, after "Council", by inserting ", appointed
7		by the Governor"; and
8		on page 4, line 16, after "Council", by inserting ", appointed
9		by the Governor"; and
10		on page 4, line 18, after "associations", by inserting ",
11		appointed by the Governor"; and
12		on page 4, by replacing line 21 with "Statewide Independent
13		Living Council, appointed by the Governor;"; and
14		on page 4, immediately below line 21, by inserting the
15		following:
16		"(16) one representative of a statewide organization
17		advocating on behalf of seniors, appointed by the Governor;
18		and"; and

10300HB3716ham001 - 3 - LRB103 30277 BMS 59619 a
1		on page 4, line 22, by replacing "(16)" with "(17)"; and
2		on page 4, line 23, after "State", by inserting ", appointed by
3		the Governor"; and
4		on page 6, immediately below line 7, by inserting the
5		following:
6		"(210 ILCS 45/4-110 new)
7		Sec. 4-110. Prohibition on retaliation against facility
8		resident or employee complaint.
9		(a) Facility owners, management, and employees are
10		prohibited from retaliating against facility residents or
11		employees who complain about facility services, including the
12		facility's physical condition, medical care, social supports
13		and services, access to visitation and time outside the
14		facility, and any other attribute connected to a resident's
15		experience of living in a facility.
16		(b) There is a rebuttable presumption of retaliation if a
17		resident or employee experiences reduced access to services,
18		neglect, selective restrictions, hostility, transfer to
19		another facility, reduction of work hours, reassignment to
20		less desirable hours, or threats to take any of these actions
21		within a year after a resident or employee:
22		(1) complains of violations or problems applicable to
23		the facility to a competent governmental agency, elected

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1		representative, or other individual responsible for
2		enforcing any law applicable to a facility;
3		(2) complains of violations or problems applicable to
4		a facility to a community organization or the news media;
5		(3) complains of violations or problems applicable to
6		a facility to an ombudsman;
7		(4) complains of building, health, or similar code
8		violations or an illegal facility practice to any
9		government official, ombudsman, or member of the public;
10		(5) seeks the assistance of a community organization,
11		union, or the news media to remedy a violation or improper
12		practice;
13		(6) seeks assistance for themselves or others to
14		transition to independent living;
15		(7) requests the facility make repairs, address
16		grievances, or meet regulatory requirements under a
17		building code, health ordinance, or other regulation;
18		(8) requests that the facility comply with a care
19		plan;
20		(9) becomes a member of a resident council, resident
21		union, employee union, or similar organization;
22		(10) testifies in any court or administrative
23		proceeding concerning the condition of the facility; or
24		(11) took other good faith action in support of any
25		other right or remedy provided by law.
26		(c) Anyone who retaliates against facility residents or

10300HB3716ham001 - 5 - LRB103 30277 BMS 59619 a
1		employees as prohibited by this Section is liable for each and
2		every offense for all remedies available at law, including,
3		but not limited to, future pecuniary losses, emotional pain,
4		suffering, inconvenience, mental anguish, loss of enjoyment of
5		life, and other nonpecuniary losses, plus attorney's fees and
6		costs. In addition, if the facility or facility management is
7		found to have retaliated as prohibited by this Section, the
8		facility is liable to the complaining resident for a penalty
9		in the additional amount of 2 times the facility's monthly
10		billing amount for that resident.
11		(d) A resident may allege retaliation as an affirmative
12		defense to any action to remove or transfer the resident from a
13		facility.
14		(e) A claim for retaliation under this Act may be filed in
15		any court of competent jurisdiction or any administrative
16		hearing process operated by or through the State of Illinois
17		and its State departments.".