# 77 Ill. Adm. Code 3300.330.4290: Section 330.4290 Private Right of Action

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P3300_S330_4290

## Section

- **Citation:** 77 Ill. Adm. Code 3300.330.4290
- **Heading:** Section 330.4290 Private Right of Action
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 77  /  / Part 3300  / Section 330.4290 Private Right of Action

## Text

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)

## Nearby sections

- [77 Ill. Adm. Code 3300.330.4220 Section 330.4220  Medical Care](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P3300_S330_4220.md)
- [77 Ill. Adm. Code 3300.330.4290 Section 330.4290  Private Right of Action](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P3300_S330_4290.md)
- [77 Ill. Adm. Code 3300.330.4295 Section 330.4295  Prohibition of Retaliatory Action Against Residents](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P3300_S330_4295.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P3300_S330_4290. Check the current official text before relying on it. Not legal advice.