Section 350.3290 Private Right of Action

Section 350

Section 350.3290  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).

b)

The owner and licensee 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 l of

Article II of

the

Act, are violated.

(Section 3-602 of the Act)

d)

A resident may maintain an action under

the

Act 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

subsections (b) through

(i)

, including minimum damages as provided by

those subsections

, may

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

action pursuant to the Civil Practice Law.  The remedies provided in

subsections

(b) through (i)

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

subsections (b) through (i)

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 nor

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 his or her legal representative

of the right to commence an action under

subsections (b) through (i)

,

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

effect

r

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 his or her legal representative

of the right to commence an action under

subsections (b) through (i)

,

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

subsections (b)

through (i)

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

, brings or testifies in an action under

subsections

(b) through (i) of this Section

, or files a complaint under Section 3-702

of

the Act

, because of the report, testimony, or complaint.

(Section 3-608

of the Act)