Section 390.3290 Private Right of Action

Section 390

Section 390.3290  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) 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 three times the actual damages, or

$500, whichever is greater, and costs and attorney's fees to a facility

resident whose rights as specified in Part 1 of Article II of the Act 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 subsections (b) through (i)

of this Section, including minimum damages as provided by this Part, may be

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

action pursuant to Part 8 of the Civil Practice law (Ill. Rev. Stat. 1987, ch.

110, pars. 2-801 et seq.). The remedies provided in subsections (b) through (i)

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 subsections (b) through (i) of this Section shall be exempt for

purposes of determining initial or continuing eligibility for medical

assistance under The Illinois Public Aid Code (Ill. Rev. Stat. 1987, ch. 23,

pars

e 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) of this Section shall be exempt for

purposes of determining initial or continuing eligibility for medical

assistance under The Illinois Public Aid Code (Ill. Rev. Stat. 1987, ch. 23,

pars. 1-1 et seq.), as now or hereafter amended, 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 legal representative of the

right to commence an action under subsections (b) through (i) 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 subsections (b)

through (i) 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 of

resident abuse or neglect, brings or testifies in a private right of action, or

files a complaint, because of the such action or testimony.

(B) (Section

3-608 of the Act)