# 77 Ill. Adm. Code 350.3290: Section 350.3290 Private Right of Action

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P350_S350_3290

## Section

- **Citation:** 77 Ill. Adm. Code 350.3290
- **Heading:** Section 350.3290 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 PUBLIC HEALTH / CHAPTER I: DEPARTMENT OF PUBLIC HEALTH / Part 350 INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE / Section 350.3290 Private Right of Action

## Text

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)

## Nearby sections

- [77 Ill. Adm. Code 350.3210 Section 350.3210  General](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P350_S350_3210.md)
- [77 Ill. Adm. Code 350.3220 Section 350.3220  Medical and Personal Care Program](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P350_S350_3220.md)
- [77 Ill. Adm. Code 350.3230 Section 350.3230  Restraints (Repealed)](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P350_S350_3230.md)
- [77 Ill. Adm. Code 350.3240 Section 350.3240  Abuse and Neglect](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P350_S350_3240.md)
- [77 Ill. Adm. Code 350.3250 Section 350.3250  Communication and Visitation](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P350_S350_3250.md)
- [77 Ill. Adm. Code 350.3260 Section 350.3260  Resident's Funds](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P350_S350_3260.md)
- [77 Ill. Adm. Code 350.3270 Section 350.3270  Residents' Advisory Council](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P350_S350_3270.md)
- [77 Ill. Adm. Code 350.3280 Section 350.3280  Contract With Facility](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P350_S350_3280.md)
- [77 Ill. Adm. Code 350.3290 Section 350.3290  Private Right of Action](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P350_S350_3290.md)
- [77 Ill. Adm. Code 350.3300 Section 350.3300  Transfer or Discharge](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P350_S350_3300.md)
- [77 Ill. Adm. Code 350.3310 Section 350.3310  Complaint Procedures](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P350_S350_3310.md)
- [77 Ill. Adm. Code 350.3320 Section 350.3320  Confidentiality](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P350_S350_3320.md)
- [77 Ill. Adm. Code 350.3330 Section 350.3330  Facility Implementation](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P350_S350_3330.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T77_P350_S350_3290. Check the current official text before relying on it. Not legal advice.