Bill Amendment: IL HB3716 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
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_003.html
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_003.html
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1 | AMENDMENT TO HOUSE BILL 3716
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2 | AMENDMENT NO. ______. Amend House Bill 3716 on page 1, by | ||||||
3 | replacing line 5 with "Article IV and by changing Section | ||||||
4 | 3-810 as"; and
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5 | on page 1, immediately below line 6, by inserting the | ||||||
6 | following:
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7 | "(210 ILCS 45/3-810) | ||||||
8 | Sec. 3-810. Whistleblower protection. | ||||||
9 | (a) In this Section, "retaliatory action" means : | ||||||
10 | (1) the reprimand, discharge, suspension, demotion, | ||||||
11 | denial of promotion or transfer, or change in the terms | ||||||
12 | and conditions of employment of any employee of a facility | ||||||
13 | that is taken in retaliation for the employee's | ||||||
14 | involvement in a protected activity as set forth in | ||||||
15 | paragraphs (1) through (3) of subsection (b) ; or | ||||||
16 | (2) reduced access to services, neglect, selective |
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1 | restrictions, adverse actions that interfere with the | ||||||
2 | resident's quality of life at the facility, or threats of | ||||||
3 | such actions that are taken in retaliation of any resident | ||||||
4 | of a facility's involvement in a protected activity as set | ||||||
5 | forth in paragraph (1) through (7) of subsection (c) . | ||||||
6 | (b) A facility shall not take any retaliatory action | ||||||
7 | against an employee of the facility, including a nursing home | ||||||
8 | administrator, because the employee does any of the following: | ||||||
9 | (1) Discloses or threatens to disclose to a supervisor | ||||||
10 | or to a public body an activity, inaction, policy, or | ||||||
11 | practice implemented by a facility that the employee | ||||||
12 | reasonably believes is in violation of a law, rule, or | ||||||
13 | regulation. | ||||||
14 | (2) Provides information to or testifies before any | ||||||
15 | public body conducting an investigation, hearing, or | ||||||
16 | inquiry into any violation of a law, rule, or regulation | ||||||
17 | by a nursing home administrator. | ||||||
18 | (3) Assists or participates in a proceeding to enforce | ||||||
19 | the provisions of this Act. | ||||||
20 | (c) A facility shall not take any retaliatory action | ||||||
21 | against a resident of the facility because the resident does | ||||||
22 | any of the following: | ||||||
23 | (1) complains, discloses, or threatens to disclose to | ||||||
24 | a supervisor, a public body, or any other person an | ||||||
25 | activity, inaction, policy, or practice implemented by a | ||||||
26 | facility that the resident reasonably believes is in |
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1 | violation of a law, rule, or regulation or that the | ||||||
2 | resident reasonably believes to be problematic; | ||||||
3 | (2) provides information to or testifies before any | ||||||
4 | public body conducting an investigation, hearing, or | ||||||
5 | inquiry into any violation of a law, rule, or regulation | ||||||
6 | by a nursing home administrator; | ||||||
7 | (3) assists or participates in a proceeding to enforce | ||||||
8 | the provisions of this Act; | ||||||
9 | (4) seeks assistance for himself or herself or others | ||||||
10 | to transition to independent living; | ||||||
11 | (5) makes a request of the facility related to the | ||||||
12 | resident's care; | ||||||
13 | (6) becomes a member of a resident council, resident | ||||||
14 | union, or similar organization; or | ||||||
15 | (7) takes any other good faith action in support of | ||||||
16 | any other right or remedy provided by law. | ||||||
17 | (d) (c) A violation of this Section may be established | ||||||
18 | only upon a finding that : | ||||||
19 | (i) the employee of the facility engaged in conduct | ||||||
20 | described in subsection (b) of this Section and (ii) this | ||||||
21 | conduct was a contributing factor in the retaliatory | ||||||
22 | action alleged by the employee ; or | ||||||
23 | (ii) the resident of the facility engaged in conduct | ||||||
24 | described in subsection (c) and the conduct was a | ||||||
25 | contributing factor in the retaliatory action alleged by | ||||||
26 | the resident . |
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1 | A resident or employee may allege retaliation as a prima | ||||||
2 | facie case of retaliation, which can be overcome by the | ||||||
3 | facility, within one year after a resident or employee engages | ||||||
4 | in conduct described in subsection (b) or (c). There is no | ||||||
5 | violation of this Section, however, if the facility | ||||||
6 | demonstrates by clear and convincing evidence that it would | ||||||
7 | have taken the same unfavorable personnel action in the | ||||||
8 | absence of that conduct. | ||||||
9 | (e) (d) The employee of the facility may be awarded all | ||||||
10 | remedies necessary to make the employee whole and to prevent | ||||||
11 | future violations of this Section. Remedies imposed by the | ||||||
12 | court may include, but are not limited to, all of the | ||||||
13 | following: | ||||||
14 | (1) Reinstatement of the employee to either the same | ||||||
15 | position held before the retaliatory action or to an | ||||||
16 | equivalent position. | ||||||
17 | (2) Two times the amount of back pay. | ||||||
18 | (3) Interest on the back pay. | ||||||
19 | (4) Reinstatement of full fringe benefits and | ||||||
20 | seniority rights. | ||||||
21 | (5) Payment of reasonable costs and attorney's fees. | ||||||
22 | (f) The resident of the facility may be awarded all | ||||||
23 | remedies necessary to make the resident whole and prevent | ||||||
24 | future violations of this Section. Remedies imposed by the | ||||||
25 | court may include, but are not limited to, the following: | ||||||
26 | (1) injunctive relief; |
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1 | (2) 2 times the amount of the facility's monthly | ||||||
2 | billing amount for that resident; and | ||||||
3 | (3) payment of reasonable costs and attorney's fees. | ||||||
4 | (g) A claim of retaliation under this Act may be filed in | ||||||
5 | any court of competent jurisdiction or any administrative | ||||||
6 | hearing process operated by or through the State of Illinois | ||||||
7 | and its State departments. | ||||||
8 | (h) (e) Nothing in this Section shall be deemed to | ||||||
9 | diminish the rights, privileges, or remedies of an employee of | ||||||
10 | a facility under any other federal or State law, rule, or | ||||||
11 | regulation or under any employment contract.
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12 | (Source: P.A. 96-1372, eff. 7-29-10.)"; and
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13 | on page 3, line 14, by deleting " , appointed by the Governor "; | ||||||
14 | and
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15 | on page 3, lines 23 and 24, by replacing " from the majority | ||||||
16 | party of the Senate of the General Assembly " with " appointed | ||||||
17 | by the President of the Senate "; and
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18 | on page 3, lines 25 and 26, by replacing " from the minority | ||||||
19 | party of the Senate of the General Assembly " with " appointed | ||||||
20 | by the Minority Leader of the Senate "; and
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21 | on page 4, lines 1 and 2, by replacing " from the majority party | ||||||
22 | of the House of Representatives of the General Assembly " with |
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1 | " appointed by the Speaker of the House of Representatives "; | ||||||
2 | and
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3 | on page 4, lines 3 and 4, by replacing " from the minority party | ||||||
4 | of the House of Representatives of the General Assembly " with | ||||||
5 | " appointed by the Minority Leader of the House of | ||||||
6 | Representatives "; and
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7 | on page 4, line 8, after " settings ", by inserting " , appointed | ||||||
8 | by the Governor "; and
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9 | on page 4, line 10, after " Council ", by inserting " , appointed | ||||||
10 | by the Governor "; and
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11 | on page 4, line 13, after " Council ", by inserting " , appointed | ||||||
12 | by the Governor "; and
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13 | on page 4, line 16, after " Council ", by inserting " , appointed | ||||||
14 | by the Governor "; and
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15 | on page 4, line 18, after " associations ", by inserting " , | ||||||
16 | appointed by the Governor "; and
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17 | on page 4, by replacing line 21 with " Statewide Independent | ||||||
18 | Living Council, appointed by the Governor; "; and
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1 | on page 4, immediately below line 21, by inserting the | ||||||
2 | following: | ||||||
3 | " (16) one representative of a statewide organization | ||||||
4 | advocating on behalf of seniors, appointed by the Governor; | ||||||
5 | and "; and
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6 | on page 4, line 22, by replacing " (16) " with " (17) "; and
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7 | on page 4, line 23, after " State ", by inserting " , appointed by | ||||||
8 | the Governor ".
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