103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5086

 

Introduced 2/8/2024, by Rep. Lance Yednock

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 510/12  from Ch. 111, par. 962
225 ILCS 510/14.3

    Amends the Nurse Practice Act. Provides that when a health care facility is found liable for an injury to a patient or resident because of a negligent act performed by a nurse or certified nurse aide employed, assigned, or referred by the nurse agency, the health care facility has a right to be compensated by the nurse agency for any and all expenses, fines, or damages (rather than any and all expenses) incurred related to any liability for the nurse agency's negligence, including negligent hiring (rather than the nurse agency's negligent hiring). Requires a contract entered into between the nurse agency and health care facility to contain a provision specifying that the health care facility has a right to be compensated by the nurse agency for any and all expenses, fines, or damages incurred related to any liability for a negligent act performed by a nurse or certified nurse aide employed, assigned, or referred by the nurse agency. Makes a grammatical change.


LRB103 38463 RTM 68599 b

 

 

A BILL FOR

 

HB5086LRB103 38463 RTM 68599 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Nurse Agency Licensing Act is amended by
5changing Sections 12 and 14.3 as follows:
 
6    (225 ILCS 510/12)  (from Ch. 111, par. 962)
7    Sec. 12. Liability of nurse agencies. Health care
8facilities are responsible for supervising nurse agency
9employees assigned or referred to the facilities; however,
10where a health care facility is found liable for an injury to a
11patient or resident because of a negligent act performed by a
12nurse or certified nurse aide employed, assigned, or referred
13by the nurse agency, the health care facility has a right to be
14compensated by the nurse agency for any and all expenses,
15fines, or damages incurred related to any liability for the
16nurse agency's negligence, including negligent hiring.
17Negligent hiring by a nurse agency shall be the failure of an
18agency to follow the procedures outlined in Section 13 of this
19Act. This provision shall not otherwise limit in any way the
20actions a health care facility may have against a nurse agency
21at law or in equity.
22(Source: P.A. 86-817; 86-1043.)
 

 

 

HB5086- 2 -LRB103 38463 RTM 68599 b

1    (225 ILCS 510/14.3)
2    Sec. 14.3. Contracts between nurse agencies and health
3care facilities.
4    (a) A contract entered into on or after the effective date
5of this amendatory Act of the 103rd General Assembly this
6amendatory Act of the 102nd General Assembly between the nurse
7agency and health care facility must contain the following
8provisions:
9        (1) A full disclosure of charges and compensation. The
10    disclosure shall include a schedule of all hourly bill
11    rates per category of employee, a full description of
12    administrative charges, and a schedule of rates of all
13    compensation per category of employee, including, but not
14    limited to, hourly regular pay rate, shift differential,
15    weekend differential, hazard pay, charge nurse add-on,
16    overtime, holiday pay, and travel or mileage pay.
17        (2) A commitment that nurses or certified nurse aides
18    employed, assigned, or referred to a health care facility
19    by the nurse agency perform any and all duties called for
20    within the full scope of practice for which the nurse or
21    certified nurse aide is licensed or certified.
22        (3) A provision requiring that no No less than 100% of
23    the nurse or certified nurse aide hourly rate shall be
24    paid to the nurse or certified nurse aide employee.
25        (4) A provision specifying that the health care
26    facility has a right to be compensated by the nurse agency

 

 

HB5086- 3 -LRB103 38463 RTM 68599 b

1    for any and all expenses, fines, or damages incurred
2    related to any liability for a negligent act performed by
3    a nurse or certified nurse aide employed, assigned, or
4    referred by the nurse agency.
5    (b) A party's failure to comply with the requirements of
6subsection (a) shall be a defense to the enforcement of a
7contract between a nurse agency and a health care facility.
8Any health care facility or nurse agency aggrieved by a
9violation of subsection (a) shall have a right of action in a
10State court against the offending party. A prevailing party
11may recover for each violation:
12        (1) liquidated damages of $1,500 or actual damages,
13    whichever is greater;
14        (2) reasonable attorney's fees and costs, including
15    expert witness fees and other litigation expenses; and
16        (3) other relief, including an injunction, as the
17    court may deem appropriate.
18    (c) This Section does not apply to contracts on a
19long-term basis between a nurse agency and a health care
20facility providing for the employment, assignment, or referral
21of nurses or certified nurse aides to the health care
22facility.
23(Source: P.A. 102-946, eff. 7-1-22; 102-1124, eff. 2-3-23.)