HB5086 EngrossedLRB103 38463 RTM 68599 b HB5086 Engrossed LRB103 38463 RTM 68599 b
HB5086 Engrossed LRB103 38463 RTM 68599 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Nurse Agency Licensing Act is amended by
5 changing Sections 12 and 14.3 as follows:
6 (225 ILCS 510/12) (from Ch. 111, par. 962)
7 Sec. 12. Liability of nurse agencies. Health care
8 facilities are responsible for supervising nurse agency
9 employees assigned or referred to the facilities; however,
10 where a health care facility is found liable for an injury to a
11 patient or resident because of a negligent act performed by a
12 nurse or certified nurse aide employed, assigned, or referred
13 by the nurse agency, the health care facility has a right to be
14 compensated by the nurse agency for any and all expenses,
15 fines, or damages incurred related to any liability for the
16 nurse agency's negligence, including negligent hiring.
17 Negligent hiring by a nurse agency shall be the failure of an
18 agency to follow the procedures outlined in Section 13 of this
19 Act. This provision shall not otherwise limit in any way the
20 actions a health care facility may have against a nurse agency
21 at law or in equity. This Section is not subject to enforcement
22 by the Department.
23 (Source: P.A. 86-817; 86-1043.)
HB5086 Engrossed LRB103 38463 RTM 68599 b
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1 (225 ILCS 510/14.3)
2 Sec. 14.3. Contracts between nurse agencies and health
3 care facilities.
4 (a) A contract entered into on or after the effective date
5 of this amendatory Act of the 103rd General Assembly this
6 amendatory Act of the 102nd General Assembly between the nurse
7 agency and health care facility must contain the following
8 provisions:
9 (1) A full disclosure of charges and compensation. The
10 disclosure shall include a schedule of all hourly bill
11 rates per category of employee, a full description of
12 administrative charges, and a schedule of rates of all
13 compensation per category of employee, including, but not
14 limited to, hourly regular pay rate, shift differential,
15 weekend differential, hazard pay, charge nurse add-on,
16 overtime, holiday pay, and travel or mileage pay.
17 (2) A commitment that nurses or certified nurse aides
18 employed, assigned, or referred to a health care facility
19 by the nurse agency perform any and all duties called for
20 within the full scope of practice for which the nurse or
21 certified nurse aide is licensed or certified.
22 (3) A provision requiring that no No less than 100% of
23 the nurse or certified nurse aide hourly rate shall be
24 paid to the nurse or certified nurse aide employee.
25 (4) A provision specifying that the health care
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