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Illinois House Bill HB5086

Illinois 2023-2024 Regular Session

Illinois House Bill HB5086 Compare Versions

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1-Public Act 103-0848
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4-AN ACT concerning regulation.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Nurse Agency Licensing Act is amended by
8-changing Sections 12 and 14.3 as follows:
9-(225 ILCS 510/12) (from Ch. 111, par. 962)
10-Sec. 12. Liability of nurse agencies. Health care
11-facilities are responsible for supervising nurse agency
12-employees assigned or referred to the facilities; however,
13-where a health care facility is found liable for an injury to a
14-patient or resident because of a negligent act performed by a
15-nurse or certified nurse aide employed, assigned, or referred
16-by the nurse agency, the health care facility has a right to be
17-compensated by the nurse agency for any and all expenses,
18-fines, or damages incurred related to any liability for the
19-nurse agency's negligence, including negligent hiring.
20-Negligent hiring by a nurse agency shall be the failure of an
21-agency to follow the procedures outlined in Section 13 of this
22-Act. This provision shall not otherwise limit in any way the
23-actions a health care facility may have against a nurse agency
24-at law or in equity. This Section is not subject to enforcement
25-by the Department.
26-(Source: P.A. 86-817; 86-1043.)
3+1 AN ACT concerning regulation.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Nurse Agency Licensing Act is amended by
7+5 changing Sections 12 and 14.3 as follows:
8+6 (225 ILCS 510/12) (from Ch. 111, par. 962)
9+7 Sec. 12. Liability of nurse agencies. Health care
10+8 facilities are responsible for supervising nurse agency
11+9 employees assigned or referred to the facilities; however,
12+10 where a health care facility is found liable for an injury to a
13+11 patient or resident because of a negligent act performed by a
14+12 nurse or certified nurse aide employed, assigned, or referred
15+13 by the nurse agency, the health care facility has a right to be
16+14 compensated by the nurse agency for any and all expenses,
17+15 fines, or damages incurred related to any liability for the
18+16 nurse agency's negligence, including negligent hiring.
19+17 Negligent hiring by a nurse agency shall be the failure of an
20+18 agency to follow the procedures outlined in Section 13 of this
21+19 Act. This provision shall not otherwise limit in any way the
22+20 actions a health care facility may have against a nurse agency
23+21 at law or in equity. This Section is not subject to enforcement
24+22 by the Department.
25+23 (Source: P.A. 86-817; 86-1043.)
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34+1 (225 ILCS 510/14.3)
35+2 Sec. 14.3. Contracts between nurse agencies and health
36+3 care facilities.
37+4 (a) A contract entered into on or after the effective date
38+5 of this amendatory Act of the 103rd General Assembly this
39+6 amendatory Act of the 102nd General Assembly between the nurse
40+7 agency and health care facility must contain the following
41+8 provisions:
42+9 (1) A full disclosure of charges and compensation. The
43+10 disclosure shall include a schedule of all hourly bill
44+11 rates per category of employee, a full description of
45+12 administrative charges, and a schedule of rates of all
46+13 compensation per category of employee, including, but not
47+14 limited to, hourly regular pay rate, shift differential,
48+15 weekend differential, hazard pay, charge nurse add-on,
49+16 overtime, holiday pay, and travel or mileage pay.
50+17 (2) A commitment that nurses or certified nurse aides
51+18 employed, assigned, or referred to a health care facility
52+19 by the nurse agency perform any and all duties called for
53+20 within the full scope of practice for which the nurse or
54+21 certified nurse aide is licensed or certified.
55+22 (3) A provision requiring that no No less than 100% of
56+23 the nurse or certified nurse aide hourly rate shall be
57+24 paid to the nurse or certified nurse aide employee.
58+25 (4) A provision specifying that the health care
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