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The Takeaway

If the governor signs House Bill 2474,[i] Illinois’ long-term care facilities and providers will need to prepare for changes required by this recent amendment to the state’s Nursing Home Care Act. Facilities/providers will need to:

• create or update any anti-retaliation policies and procedures and share them with residents, residents’ families, and/or a resident’s representative
• provide in-service training for staff to ensure that they, too, are aware of these new requirements.

Attorneys who represent nursing homes must also be aware of these new protections and new remedies.

The Amendment

In January 2025, the Illinois General Assembly passed House Bill 2474, which amends the Illinois Nursing Home Care Act (Nursing Home Act) to provide residents with clearer protections from retaliation for exercising their rights. The Nursing Home Act already provided limited protections to residents by prohibiting nursing home licensees from retaliating against residents who file abuse, neglect, or negligence complaints with the Illinois Department of Public Health. 210 ILCS 45/3-608. The new provisions (codified at section 2-120) incorporate and expand on those existing protections.

Residents’ Rights and Responsibilities

Indeed, section 2-120 lists specific protected actions, adds requirements, and provides a minimum penalty for violating its provisions. Once signed into law, it will prohibit any facility, licensee, or employee from taking or threatening to take retaliatory action against any resident who does one or more of the following:

• complains, discloses, or threatens to disclose any violation of a rule or regulation to a supervising body
• testifies or provides information to an investigating body
• assists in enforcing any provisions of the Nursing Home Act
• seeks assistance in transferring to independent living or any other outside setting
• makes a request related to their care
• becomes a member of the residents’ advisory counsel
• engages in activities protected in Section 3-608
• takes any other good faith action in support of any other right or remedy provided by law

Section 2-120 defines “retaliatory action” as an action that interferes with a resident’s quality of life at the facility or results in selective restrictions, neglect, or reduced access to services.

The Act also provides a framework for civil suits for violations. A resident can establish a violation if there is a finding that the facility, licensee, or any employee engaged in retaliation as defined by the Act and that this conduct was a contributing factor in the retaliation action alleged by the resident.

Section 2-120 also provides for separate damages. Specifically, for each claimed violation by a facility, licensee, or employee, the responsible facility or licensee may both be liable to the resident for additional damages. These damages would be equal to the average monthly billing rate for the facility’s Medicaid recipients. Importantly, the new amendments are clear that a resident’s attorneys’ fees are also recoverable.

Finally, the Act provides a two-year statute of limitations to bring any claim. That two-year clock begins two years after the date of the last violation.

Due to the nature of these claims, the Act provides that a copy of the complaint be filed with the Department of Public Health.

Long-Term Care Facilities’ Requirements

The new bill requires nursing home licensees to provide residents and their next of kin a document that explains the procedures and remedies available under the Act. These same procedures and remedies must be conspicuously posted in areas of a facility accessible to residents, employees, and visitors. In addition, nursing homes are required to provide annual staff retaliation-prevention training.

[i] House Bill 2474 was sent to Governor Pritzker for signature on January 22, 2025. He has 60 days to sign or veto the bill. If he does nothing for 60 days, the bill becomes law.