Full Text of HB3716 103rd General Assembly
HB3716ham003 103RD GENERAL ASSEMBLY | 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 | 3 | | replacing line 5 with "Article IV and by changing Section | 4 | | 3-810 as"; and | 5 | | on page 1, immediately below line 6, by inserting the | 6 | | following: | 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.
| 12 | | (Source: P.A. 96-1372, eff. 7-29-10.)"; and | 13 | | on page 3, line 14, by deleting " , appointed by the Governor "; | 14 | | and | 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 | 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 | 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 | 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 | 7 | | on page 4, line 8, after " settings ", by inserting " , appointed | 8 | | by the Governor "; and | 9 | | on page 4, line 10, after " Council ", by inserting " , appointed | 10 | | by the Governor "; and | 11 | | on page 4, line 13, after " Council ", by inserting " , appointed | 12 | | by the Governor "; and | 13 | | on page 4, line 16, after " Council ", by inserting " , appointed | 14 | | by the Governor "; and | 15 | | on page 4, line 18, after " associations ", by inserting " , | 16 | | appointed by the Governor "; and | 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 | 6 | | on page 4, line 22, by replacing " (16) " with " (17) "; and | 7 | | on page 4, line 23, after " State ", by inserting " , appointed by | 8 | | the Governor ".
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