Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart O - RESIDENT'S RIGHTS › Section 390.3290 - Private Right of Action

Current through Register Vol. 48, No. 28, July 12, 2024
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. 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)