77 Ill. Adm. Code 370.3070
Private Right of Action
Section 370
Section 370.3070Â Private
Right of Action
a)Â Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â Â 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.