Bill Amendment: IL HB3716 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: LONG-TERM CARE TRANSITION

Status: 2023-05-31 - House Floor Amendment No. 3 Rule 19(c) / Re-referred to Rules Committee [HB3716 Detail]

Download: Illinois-2023-HB3716-House_Amendment_001.html

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Rep. Anna Moeller

Filed: 3/21/2023

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AMENDMENT TO HOUSE BILL 3716
AMENDMENT NO. ______. Amend House Bill 3716 on page 1,
line 5, by replacing "4-101 and 4-105" with "4-101, 4-105, and
4-110"; and
on page 3, line 14, by deleting ", appointed by the Governor";
and
on page 3, line 24, after "Assembly", by inserting ",
appointed by the Governor"; and
on page 3, line 26, after "Assembly", by inserting ",
appointed by the Governor"; and
on page 4, line 2, after "Assembly", by inserting ", appointed
by the Governor"; and
on page 4, line 4, after "Assembly", by inserting ", appointed

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

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

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

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