Illinois’ Governor signed into law on March 21, 2025 amendments to Section 5. The Nursing Home Care Act, by
changing Sections 3-209 and 3-602 and by adding Sections 2-120 and 3-125.
New 210 ILCS 45/2-120 states:
Sec. 2-120. Prohibition on retaliatory action against residents.
(a) In this Section, “retaliatory action” means an action that is taken in retaliation for a resident’s involvement in one or more of the protected activities described in paragraphs (1) through (8) of subsection (b) and that interferes with a resident’s quality of life at the facility or results in either the imposition of selective restrictions or the resident’s neglect or reduced access to services.
(b) No facility, licensee of a facility, or employee of a facility shall threaten to take or take a retaliatory action against a resident of the facility because the resident does any one or more of the following:
(1) complains, discloses, or threatens to disclose, to a supervisor, a public body, including, but not limited to, the Office of the State Long Term Care Ombudsman, or any other person with regulatory authority, an activity, inaction, policy, or practice implemented by a licensee or facility that the resident reasonably believes violates a law, rule, or regulation;
(2) provides information to or testifies before a public body conducting an investigation, hearing, or inquiry into a violation of a law, rule, or regulation by an administrator of the facility;
(3) assists or participates in a proceeding to enforce the provisions of this Act, including a grievance procedure under Section 2-112;
(4) seeks assistance for the resident to transition to independent living or another setting outside of the resident’s current facility;
(5) makes a request of the facility related to the resident’s care;
(6) becomes a member of a residents’ advisory council as described in Section 2-203, a resident union, or a similar organization;
(7) engages in activity protected in Section 3-608; or
(8) takes any other good faith action in support of any other right or remedy provided by law.
(c) A resident of a facility who alleges a violation of subsection (b) by a facility, the licensee of a facility, or an employee of a facility may bring a civil action for damages against the facility, the licensee who is responsible for the facility, or both, within 2 years after the date of the last violation of subsection (b) that is alleged in the resident’s complaint. A violation of subsection (b) may be established upon a finding that (i) the facility, the licensee of the facility, or the employee of the facility engaged in conduct described in subsection (b) and (ii) this conduct was a contributing factor in the retaliatory action alleged by the resident.
(d) For each claimed violation of subsection (b) by a facility, a licensee of a facility, or an employee of a facility, the facility, the licensee who is responsible for the facility, or both may also be liable to the resident for additional damages in an amount equal to the average monthly billing rate for Medicaid recipients in the facility.
(e) A copy of any complaint filed under this Section shall be filed with the Department.
(f) To ensure compliance with the requirements of this Section, each licensee shall annually provide to the residents of its facility and their next of kin, a document containing a description of the retaliation complaint procedures and remedies established under this Act. The licensee shall file this document in the resident’s document file. This document shall also be made available to the resident, the resident’s representative, the Department, or the Office of the State Long Term Care Ombudsman upon request.
New (210 ILCS 45/3-125 states:
Sec. 3-125. Retaliation-prevention training. The administrators of a facility licensed under this Act shall ensure that all staff of the facility receive annual in-service training designed to prevent retaliatory actions from being taken against residents of the facility. Administrators shall ensure that the person who conducts the in-service training at a facility is familiar with the specific needs of the resident population at the facility. With the advice and consent of the Office of the State Long Term Care Ombudsman, the Department shall adopt rules that set forth the training parameters and subjects which will ensure that the in-service training conducted by administrators under this Section includes, at a minimum, a discussion of the following topics:
(1) a resident’s right to file complaints and voice grievances in the event of retaliation;
(2) examples of what might constitute retaliation.
If you or a loved one suffered injuries (or worse) during a nursing home stay in Illinois or elsewhere in the United States, you should promptly contact a local nursing home negligence attorney in Illinois or in your state to investigate your possible nursing home negligence claim for you and file a nursing home claim on your behalf or on behalf of your loved one, if appropriate.
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