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

Rep. Anna Moeller

Filed: 4/25/2023

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1
AMENDMENT TO HOUSE BILL 3716
2 AMENDMENT NO. ______. Amend House Bill 3716 on page 1, by
3replacing line 5 with "Article IV and by changing Section
43-810 as"; and
5on page 1, immediately below line 6, by inserting the
6following:
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
7against an employee of the facility, including a nursing home
8administrator, 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
21against a resident of the facility because the resident does
22any 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
18only 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
2facie case of retaliation, which can be overcome by the
3facility, within one year after a resident or employee engages
4in conduct described in subsection (b) or (c). There is no
5violation of this Section, however, if the facility
6demonstrates by clear and convincing evidence that it would
7have taken the same unfavorable personnel action in the
8absence of that conduct.
9 (e) (d) The employee of the facility may be awarded all
10remedies necessary to make the employee whole and to prevent
11future violations of this Section. Remedies imposed by the
12court may include, but are not limited to, all of the
13following:
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
23remedies necessary to make the resident whole and prevent
24future violations of this Section. Remedies imposed by the
25court 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
5any court of competent jurisdiction or any administrative
6hearing process operated by or through the State of Illinois
7and its State departments.
8 (h) (e) Nothing in this Section shall be deemed to
9diminish the rights, privileges, or remedies of an employee of
10a facility under any other federal or State law, rule, or
11regulation or under any employment contract.
12(Source: P.A. 96-1372, eff. 7-29-10.)"; and
13on page 3, line 14, by deleting ", appointed by the Governor";
14and
15on page 3, lines 23 and 24, by replacing "from the majority
16party of the Senate of the General Assembly" with "appointed
17by the President of the Senate"; and
18on page 3, lines 25 and 26, by replacing "from the minority
19party of the Senate of the General Assembly" with "appointed
20by the Minority Leader of the Senate"; and
21on page 4, lines 1 and 2, by replacing "from the majority party
22of the House of Representatives of the General Assembly" with

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1"appointed by the Speaker of the House of Representatives";
2and
3on page 4, lines 3 and 4, by replacing "from the minority party
4of the House of Representatives of the General Assembly" with
5"appointed by the Minority Leader of the House of
6Representatives"; and
7on page 4, line 8, after "settings", by inserting ", appointed
8by the Governor"; and
9on page 4, line 10, after "Council", by inserting ", appointed
10by the Governor"; and
11on page 4, line 13, after "Council", by inserting ", appointed
12by the Governor"; and
13on page 4, line 16, after "Council", by inserting ", appointed
14by the Governor"; and
15on page 4, line 18, after "associations", by inserting ",
16appointed by the Governor"; and
17on page 4, by replacing line 21 with "Statewide Independent
18Living Council, appointed by the Governor;"; and

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1on page 4, immediately below line 21, by inserting the
2following:
3 "(16) one representative of a statewide organization
4advocating on behalf of seniors, appointed by the Governor;
5and"; and
6on page 4, line 22, by replacing "(16)" with "(17)"; and
7on page 4, line 23, after "State", by inserting ", appointed by
8the Governor".
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