# 77 Ill. Adm. Code 3300.330.4295: Section 330.4295 Prohibition of Retaliatory Action Against Residents

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P3300_S330_4295

## Section

- **Citation:** 77 Ill. Adm. Code 3300.330.4295
- **Heading:** Section 330.4295 Prohibition of Retaliatory Action Against Residents
- **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 330.4295 Prohibition of Retaliatory Action Against Residents

## Text

TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER d: LONG-TERM CARE FACILITIES
PART 330 SHELTERED CARE FACILITIES CODE
SECTION 330.4295 PROHIBITION OF RETALIATORY ACTION AGAINST RESIDENTS
Section 330.4295  Prohibition of Retaliatory Action
Against Residents
a)         For
the purposes of 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
subsections (b)(1) through (8)
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
.  Section 2-120(a) of the Act)
b)
No
facility, licensee of a facility, or employee of a facility shall threaten to
take or take a retaliatory action against a resident 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
the Act or this Part, or any other
law, rule, or
regulation
;
2)
Provides
information to or testifies before a public body conducting an investigation,
hearing, or inquiry into a violation of
the Act or this Part, or any other
law,
rule, or regulation by an administrator of the facility
;
3)
Assists
or participates in a proceeding to enforce the provisions of
the
Act
or this Part
, including a grievance procedure under Section 2-112
of the
Act and Section 330.4310;
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 2-20
the
Act
or this Part
, including a grievance procedure under Section 2-112
of the
Act and Section 330.4310;
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
of
the Act and Section 330.740,
a resident union, or a similar organization
;
7)
Engages
in activity protected in Section 3-608
of the Act and Section 330.4290;
or
8)
Takes
any other good faith action in support of any other right or remedy provided by
law
.  (Section 2-120(b)(1) through (8) of the Act)
c)
A
resident 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 two 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
:
1)
The
facility, the licensee of the facility, or the employee of the facility engaged
in conduct described in
subsection (b);
and
2)
This
conduct was a contributing factor in the retaliatory action alleged by the
resident
.  (Section 2-120(c) of the Act)
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
.  (Section 2-120(d) of the Act)
e)
A
copy of any complaint filed under
Section 2-120 of the Act and this Section
shall be filed with the Department
by the facility
ility, 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
.  (Section 2-120(d) of the Act)
e)
A
copy of any complaint filed under
Section 2-120 of the Act and this Section
shall be filed with the Department
by the facility.  (Section 2-120(e)
of the Act)
f)
To
ensure compliance with the requirements of
the Act and 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
the
Act
and this Part.
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
.  (Section 2-120(f) 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_4295. Check the current official text before relying on it. Not legal advice.