Section 330.4290 Private Right of Action

Section 330

TITLE 77: PUBLIC HEALTH

CHAPTER I: DEPARTMENT OF PUBLIC HEALTH

SUBCHAPTER d: LONG-TERM CARE FACILITIES

PART 330 SHELTERED CARE FACILITIES CODE

SECTION 330.4290 PRIVATE RIGHT OF ACTION

Section 330.4290  Private

Right of Action

a)         Each resident shall have the right to maintain a private right

of action against a facility as described in subsections (b) through (i) of

this Section.

b)

The owner and licensee

of a facility

are liable to a

resident for any intentional or negligent act or omission of their agents or

employees which injures the resident.

(Section 3-601 of the Act)

c)

The licensee shall pay the actual damages and costs and

attorney's fees to a facility resident whose rights as specified in Part I of

Article II of the Act, including, but not limited to, the rights under Section

2-120

of the Act and Section 330.4295

, are violated.

(Section 3-602

of the Act)

d)

A resident may maintain an action under

the

Act

and

this Part

for any other type of relief, including injunctive and declaratory

relief, permitted by law.

(Section 3-603 of the Act)

e)

Any damages recoverable under

Sections 3-601 through

3-607 of the Act and subsections (b) through (h) of this Section

, including

minimum damages as provided by

the Act and this Part

, may be recovered

in any action which a court may authorize to be brought as a class action

pursuant to

Article II, Part 8, of the Code of Civil Procedure.

The

remedies provided in

Sections 3-601 through 3-607 of the Act and

subsections (b) through (h) of this Section

are in addition to and

cumulative with any other legal remedies available to a resident.  Exhaustion

of any available administrative remedies shall not be required prior to

commencement of a suit hereunder

lass action

pursuant to

Article II, Part 8, of the Code of Civil Procedure.

The

remedies provided in

Sections 3-601 through 3-607 of the Act and

subsections (b) through (h) of this Section

are in addition to and

cumulative with any other legal remedies available to a resident.  Exhaustion

of any available administrative remedies shall not be required prior to

commencement of a suit hereunder.

(Section 3-604 of the Act)

f)

The amount of damages recovered by a resident in an action

brought under

Sections 3-601 through 3-607 of the Act and subsections (b)

through (h) of this Section

shall be exempt for purposes of determining

initial or continuing eligibility for medical assistance under The Illinois

Public Aid Code and shall neither be taken into consideration not required to

be applied toward the payment or partial payment of the cost of medical care or

services available under The Illinois Public Aid Code.

(Section 3-605 of

the Act)

g)

Any waiver by a resident or

the resident's

legal

representative of the right to commence an action under

Sections 3-601

through 3-607 of the Act and subsections (b) through (h) of this Section,

whether

oral or in writing, shall be null and void, and without legal force or effect.

(Section 3-606 of the Act)

h)

Any party to an action brought under

Sections 3-601

through 3-607 of the Act and subsections (b) through (h) of this Section

shall

be entitled to a trial by jury and any waiver of the right to a trial by jury,

whether oral or in writing, prior to the commencement of an action, shall be

null and void, and without legal force or effect.

(Section 3-607 of the

Act)

i)

A licensee or its agents or employees shall not transfer,

discharge, evict, harass, dismiss, or retaliate against a resident, a

resident's representative, or an employee or agent who makes a report under

Section 2-107

of the Act and subsection 330.4240(a)

, brings or testifies

in an action under

Sections 3-601 through 3-607 of the Act and subsections

or effect.

(Section 3-607 of the

Act)

i)

A licensee or its agents or employees shall not transfer,

discharge, evict, harass, dismiss, or retaliate against a resident, a

resident's representative, or an employee or agent who makes a report under

Section 2-107

of the Act and subsection 330.4240(a)

, brings or testifies

in an action under

Sections 3-601 through 3-607 of the Act and subsections

(b) through (h) of this Section

, or files a complaint, because of the report,

testimony, or complaint.

(Section 3-608 of the Act)