Ill. Admin. Code tit. 77 § 370.3070

Current through Register Vol. 49, No. 2, January 10, 2025

Section 370.3070 - Private Right of Action

a) Each resident shall have the right to maintain a private right of action against a facility as described in Section 370.3070(b) through (f)

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.

c) The licensee shall pay the actual damages, or $500, whichever is greater, and costs and attorney's fees to a facility resident whose rights as specified in the Act or this Part are violated.

d) A resident may maintain an action under this Act and this Part for any other type of relief, including injunctive and declaratory relief, permitted by law.

e) Any waiver by a resident or his or her legal representative of the right to commence an action under Sections 370.3070(b) through (f), whether oral or in writing, shall be null and void, and without legal force or effect.

f) 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 such action or testimony.

Ill. Admin. Code tit. 77, § 370.3070