|
to known or suspected cases of sexually transmissible |
disease or any information the disclosure of which is |
restricted under the Illinois Sexually Transmissible |
Disease Control Act. |
(e) Information the disclosure of which is exempted |
under Section 30 of the Radon Industry Licensing Act. |
(f) Firm performance evaluations under Section 55 of |
the Architectural, Engineering, and Land Surveying |
Qualifications Based Selection Act. |
(g) Information the disclosure of which is restricted |
and exempted under Section 50 of the Illinois Prepaid |
Tuition Act. |
(h) Information the disclosure of which is exempted |
under the State Officials and Employees Ethics Act, and |
records of any lawfully created State or local inspector |
general's office that would be exempt if created or |
obtained by an Executive Inspector General's office under |
that Act. |
(i) Information contained in a local emergency energy |
plan submitted to a municipality in accordance with a |
local emergency energy plan ordinance that is adopted |
under Section 11-21.5-5 of the Illinois Municipal Code. |
(j) Information and data concerning the distribution |
of surcharge moneys collected and remitted by carriers |
under the Emergency Telephone System Act. |
(k) Law enforcement officer identification information |
|
or driver identification information compiled by a law |
enforcement agency or the Department of Transportation |
under Section 11-212 of the Illinois Vehicle Code. |
(l) Records and information provided to a residential |
health care facility resident sexual assault and death |
review team or the Executive Council under the Abuse |
Prevention Review Team Act. |
(m) Information provided to the predatory lending |
database created pursuant to Article 3 of the Residential |
Real Property Disclosure Act, except to the extent |
authorized under that Article. |
(n) Defense budgets and petitions for certification of |
compensation and expenses for court appointed trial |
counsel as provided under Sections 10 and 15 of the |
Capital Crimes Litigation Act. This subsection (n) shall |
apply until the conclusion of the trial of the case, even |
if the prosecution chooses not to pursue the death penalty |
prior to trial or sentencing. |
(o) Information that is prohibited from being |
disclosed under Section 4 of the Illinois Health and |
Hazardous Substances Registry Act. |
(p) Security portions of system safety program plans, |
investigation reports, surveys, schedules, lists, data, or |
information compiled, collected, or prepared by or for the |
Department of Transportation under Sections 2705-300 and |
2705-616 of the Department of Transportation Law of the |
|
Civil Administrative Code of Illinois, the Regional |
Transportation Authority under Section 2.11 of the |
Regional Transportation Authority Act, or the St. Clair |
County Transit District under the Bi-State Transit Safety |
Act. |
(q) Information prohibited from being disclosed by the |
Personnel Record Review Act. |
(r) Information prohibited from being disclosed by the |
Illinois School Student Records Act. |
(s) Information the disclosure of which is restricted |
under Section 5-108 of the Public Utilities Act.
|
(t) All identified or deidentified health information |
in the form of health data or medical records contained |
in, stored in, submitted to, transferred by, or released |
from the Illinois Health Information Exchange, and |
identified or deidentified health information in the form |
of health data and medical records of the Illinois Health |
Information Exchange in the possession of the Illinois |
Health Information Exchange Office due to its |
administration of the Illinois Health Information |
Exchange. The terms "identified" and "deidentified" shall |
be given the same meaning as in the Health Insurance |
Portability and Accountability Act of 1996, Public Law |
104-191, or any subsequent amendments thereto, and any |
regulations promulgated thereunder. |
(u) Records and information provided to an independent |
|
team of experts under the Developmental Disability and |
Mental Health Safety Act (also known as Brian's Law). |
(v) Names and information of people who have applied |
for or received Firearm Owner's Identification Cards under |
the Firearm Owners Identification Card Act or applied for |
or received a concealed carry license under the Firearm |
Concealed Carry Act, unless otherwise authorized by the |
Firearm Concealed Carry Act; and databases under the |
Firearm Concealed Carry Act, records of the Concealed |
Carry Licensing Review Board under the Firearm Concealed |
Carry Act, and law enforcement agency objections under the |
Firearm Concealed Carry Act. |
(v-5) Records of the Firearm Owner's Identification |
Card Review Board that are exempted from disclosure under |
Section 10 of the Firearm Owners Identification Card Act. |
(w) Personally identifiable information which is |
exempted from disclosure under subsection (g) of Section |
19.1 of the Toll Highway Act. |
(x) Information which is exempted from disclosure |
under Section 5-1014.3 of the Counties Code or Section |
8-11-21 of the Illinois Municipal Code. |
(y) Confidential information under the Adult |
Protective Services Act and its predecessor enabling |
statute, the Elder Abuse and Neglect Act, including |
information about the identity and administrative finding |
against any caregiver of a verified and substantiated |
|
decision of abuse, neglect, or financial exploitation of |
an eligible adult maintained in the Registry established |
under Section 7.5 of the Adult Protective Services Act. |
(z) Records and information provided to a fatality |
review team or the Illinois Fatality Review Team Advisory |
Council under Section 15 of the Adult Protective Services |
Act. |
(aa) Information which is exempted from disclosure |
under Section 2.37 of the Wildlife Code. |
(bb) Information which is or was prohibited from |
disclosure by the Juvenile Court Act of 1987. |
(cc) Recordings made under the Law Enforcement |
Officer-Worn Body Camera Act, except to the extent |
authorized under that Act. |
(dd) Information that is prohibited from being |
disclosed under Section 45 of the Condominium and Common |
Interest Community Ombudsperson Act. |
(ee) Information that is exempted from disclosure |
under Section 30.1 of the Pharmacy Practice Act. |
(ff) Information that is exempted from disclosure |
under the Revised Uniform Unclaimed Property Act. |
(gg) Information that is prohibited from being |
disclosed under Section 7-603.5 of the Illinois Vehicle |
Code. |
(hh) Records that are exempt from disclosure under |
Section 1A-16.7 of the Election Code. |
|
(ii) Information which is exempted from disclosure |
under Section 2505-800 of the Department of Revenue Law of |
the Civil Administrative Code of Illinois. |
(jj) Information and reports that are required to be |
submitted to the Department of Labor by registering day |
and temporary labor service agencies but are exempt from |
disclosure under subsection (a-1) of Section 45 of the Day |
and Temporary Labor Services Act. |
(kk) Information prohibited from disclosure under the |
Seizure and Forfeiture Reporting Act. |
(ll) Information the disclosure of which is restricted |
and exempted under Section 5-30.8 of the Illinois Public |
Aid Code. |
(mm) Records that are exempt from disclosure under |
Section 4.2 of the Crime Victims Compensation Act. |
(nn) Information that is exempt from disclosure under |
Section 70 of the Higher Education Student Assistance Act. |
(oo) Communications, notes, records, and reports |
arising out of a peer support counseling session |
prohibited from disclosure under the First Responders |
Suicide Prevention Act. |
(pp) Names and all identifying information relating to |
an employee of an emergency services provider or law |
enforcement agency under the First Responders Suicide |
Prevention Act. |
(qq) Information and records held by the Department of |
|
Public Health and its authorized representatives collected |
under the Reproductive Health Act. |
(rr) Information that is exempt from disclosure under |
the Cannabis Regulation and Tax Act. |
(ss) Data reported by an employer to the Department of |
Human Rights pursuant to Section 2-108 of the Illinois |
Human Rights Act. |
(tt) Recordings made under the Children's Advocacy |
Center Act, except to the extent authorized under that |
Act. |
(uu) Information that is exempt from disclosure under |
Section 50 of the Sexual Assault Evidence Submission Act. |
(vv) Information that is exempt from disclosure under |
subsections (f) and (j) of Section 5-36 of the Illinois |
Public Aid Code. |
(ww) Information that is exempt from disclosure under |
Section 16.8 of the State Treasurer Act. |
(xx) Information that is exempt from disclosure or |
information that shall not be made public under the |
Illinois Insurance Code. |
(yy) Information prohibited from being disclosed under |
the Illinois Educational Labor Relations Act. |
(zz) Information prohibited from being disclosed under |
the Illinois Public Labor Relations Act. |
(aaa) Information prohibited from being disclosed |
under Section 1-167 of the Illinois Pension Code. |
|
(bbb) (ccc) Information that is prohibited from |
disclosure by the Illinois Police Training Act and the |
Illinois State Police Act. |
(ccc) (ddd) Records exempt from disclosure under |
Section
2605-304 of the Illinois Department of State |
Police Law of the Civil
Administrative Code of Illinois. |
(ddd) (bbb) Information prohibited from being |
disclosed under Section 35 of the Address Confidentiality |
for Victims of Domestic Violence, Sexual Assault, Human |
Trafficking, or Stalking Act. |
(eee) (ddd) Information prohibited from being |
disclosed under subsection (b) of Section 75 of the |
Domestic Violence Fatality Review Act. |
(fff) Information prohibited from disclosure under |
paragraph (3) of subsection (a) of Section 14 of the Nurse |
Agency Licensing Act. |
(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; |
101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. |
1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, |
eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; |
101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. |
1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, |
eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; |
102-559, eff. 8-20-21; revised 10-5-21.)
|
Section 10. The Nurse Agency Licensing Act is amended by |
|
changing Sections 3, 5, 7, 13, 14, and 14.1 and by adding |
Section 14.3 as follows:
|
(225 ILCS 510/3) (from Ch. 111, par. 953)
|
Sec. 3. Definitions. As used in this Act:
|
(a) "Certified nurse aide" means an individual certified |
as defined in
Section 3-206 of the Nursing Home Care Act, |
Section 3-206 of the ID/DD Community Care Act, or Section |
3-206 of the MC/DD Act, as now or hereafter amended.
|
"Covenant not to compete" means an agreement between a |
nurse agency and an employee that restricts the employee from |
performing: |
(1) any work for another employer for a specified |
period of time; |
(2) any work in a specified geographic area; or |
(3) any work for another employer that is similar to |
the work the employee performs for the employer that is a |
party to the agreement. |
(b) "Department" means the Department of Labor.
|
(c) "Director" means the Director of Labor.
|
"Employee" means a nurse or a certified nurse aide. |
(d) "Health care facility" is defined as in Section 3 of |
the Illinois
Health Facilities Planning Act, as now or |
hereafter amended. "Health care facility" also includes any |
facility licensed, certified, or approved by any State agency |
and subject to regulation under the Assisted Living and Shared |
|
Housing Act or the Illinois Public Aid Code.
|
(e) "Licensee" means any nursing agency which is properly |
licensed under
this Act.
|
(f) "Nurse" means a registered nurse, or a licensed |
practical nurse, an advanced practice registered nurse, or any |
individual licensed under as
defined in the Nurse Practice |
Act.
|
(g) "Nurse agency" means any individual, firm, |
corporation,
partnership or other legal entity that employs, |
assigns or refers nurses
or certified nurse aides to a health |
care facility for a
fee. The term "nurse agency" includes |
nurses registries. The term "nurse
agency" does not include |
services provided by home
health agencies licensed and |
operated under the Home Health, Home Services, and Home |
Nursing Agency
Licensing Act or a licensed or certified
|
individual who provides his or her own services as a regular |
employee of a
health care facility, nor does it apply to a |
health care facility's
organizing nonsalaried employees to |
provide services only in that
facility.
|
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
|
(225 ILCS 510/5) (from Ch. 111, par. 955)
|
Sec. 5. Application for license. An application to operate |
a nurse
agency shall be made to the Department on forms |
provided by the Department.
A separate application shall be |
submitted for each additional location
from which a nurse |
|
agency is operated. All applications must be under
oath and |
must be accompanied by an equitable application fee which will |
be
set by the Department by rule. A separate license must be |
obtained for each
location from which a nurse agency is |
operated unless the nurse agency is
owned and managed by the |
same person or persons. Submission of false or
misleading |
information is a petty offense punishable by a fine of $500.
|
The application shall contain the following information:
|
(1) name and address of the person, partnership, |
corporation or other
entity that is the applicant;
|
(2) if the applicant is a corporation or limited liability |
company, a copy of its articles of
incorporation or |
organization, a copy of its current bylaws, and the names and |
addresses of
its officers and directors and shareholders |
owning more than 5% of the
corporation's stock or membership |
units;
|
(3) the name and location of premises from which the |
applicant will
provide services;
|
(4) the names and addresses of the person or persons under |
whose
management or supervision the nurse agency will be |
operated;
|
(5) a statement of financial solvency;
|
(6) a statement detailing the experience and |
qualifications of the
applicant to operate a nurse agency, |
however, the failure of a nurse agency
to demonstrate previous |
experience to operate an agency does not in and of
itself |
|
constitute grounds for the denial of a license;
|
(7) evidence of compliance or intent to comply with State |
or federal law
relating to employee compensation, including |
but not limited to, social
security taxes, State and federal |
income taxes, workers' compensation,
unemployment taxes, and |
State and federal overtime compensation laws;
|
(8) evidence of general and professional liability |
insurance in the amounts of at
least $1,000,000 $500,000 per |
incident and $3,000,000 $1,000,000 in aggregate and workers' |
compensation coverage for all nurses or certified nursing |
aides employed, assigned, or referred by the nurse agency to a |
health care facility; and
|
(8.5) copies of all currently effective contracts with |
health care facilities; and |
(9) any other relevant information which the Department |
determines is
necessary to properly evaluate the applicant and |
application as required by
the Department by rule.
|
(Source: P.A. 86-817; 86-1043; 86-1472; 87-435.)
|
(225 ILCS 510/7) (from Ch. 111, par. 957)
|
Sec. 7. Renewal of license. At least 90 days prior to |
license
expiration, the licensee shall submit an attestation |
detailing the number of contracted shifts, number of shifts |
missed, number of shifts fulfilled for the 3 quarters |
preceding the application date, and an application which meets |
the
requirements of Section 5 of this Act for renewal of the |
|
license. If the
application is approved pursuant to Section 6, |
the license shall be renewed
for an additional one-year |
period.
|
(Source: P.A. 86-817; 86-1043.)
|
(225 ILCS 510/13) (from Ch. 111, par. 963)
|
Sec. 13. Application for employment.
|
(a) Every nurse agency shall cause
each applicant for |
employment, assignment, or referral, as a nurse to
complete an |
application form including the following information:
|
(1) name and address of the applicant;
|
(2) whether or not such applicant is a nurse currently |
licensed by the
Department of Professional Regulation;
|
(3) if so licensed, the number and date of such |
license; and
|
(4) references and dates and places of previous |
employment.
|
Prior to employing, assigning, or referring a nurse, the |
agency shall
contact the Department of Financial and |
Professional Regulation to determine whether the
nurse's |
license is valid and in good standing. Written verification |
shall
be sent by the Department of Financial and Professional |
Regulation within 20 working
days. At least biennially |
thereafter, the nurse agency shall contact the
Department of |
Financial and Professional Regulation to verify this |
information in
writing. The nurse agency shall review the |
|
disciplinary report published
by the Department of Financial |
and Professional Regulation on a monthly basis to
determine |
whether the nurse's license is valid and in good standing.
|
(b) Every nurse agency shall cause each applicant for |
employment,
assignment, or referral, as a certified nurse aide |
to complete an
application form including the following |
information:
|
(1) name and address of the applicant;
|
(2) whether or not the nurse aide is registered as |
having completed a
certified course as approved by the |
Department of Public Health; and
|
(3) references and dates and places of previous |
employment.
|
Prior to employing, assigning, or referring a certified |
nurse aide, the agency shall review the information provided |
on the Health Care Worker Registry to verify that the |
certification is valid. Prior to employing, assigning, or |
referring a certified nurse aide to a position at a health care |
employer or long-term facility as defined in the Health Care |
Worker Background Check Act, the nurse agency shall review the |
information provided on the Health Care Worker Registry to |
verify and that the certified nurse aide is not ineligible for |
the position to be hired by health care employers or long-term |
care facilities pursuant to Section 25 of the Health Care |
Worker Background Check Act.
|
(c) Every nurse agency shall check at least 2 recent |
|
references and the
dates of employment provided by the |
applicant, unless the applicant has not
had 2 previous |
employers.
|
(d) Knowingly employing, assigning, or referring to a |
health care facility a nurse or certified nurse aide with an |
illegally or fraudulently obtained or issued diploma, |
registration, license, certificate, or background study |
constitutes negligent hiring by a nurse agency and is a |
violation of this Act. |
(e) (d) Nurses or certified nurses aides employed, |
assigned, or referred to
a health care facility by a nurse |
agency shall be deemed to be employees of
the nurse agency |
while working for the nurse agency or on nurse agency
|
employment, assignment or referral.
|
(Source: P.A. 99-652, eff. 1-1-17.)
|
(225 ILCS 510/14) (from Ch. 111, par. 964)
|
Sec. 14. Minimum Standards. |
(a) The Department, by rule, shall
establish minimum |
standards for the operation of nurse agencies. Those
standards |
shall include, but are not limited to: |
(1) the maintenance of written
policies and |
procedures; |
(2) the maintenance and submission to the Department |
of copies of all contracts between the nurse agency and |
health care facility to which it assigns or refers nurses |
|
or certified nurse aides and copies of all invoices to |
health care facilities personnel. Executed contracts must |
be sent to the Department within 5 business days of their |
effective date and procedures; and |
(3) (2) the development of personnel policies for |
nurses or certified nurse aides employed, assigned, or |
referred to health care facilities, including which
|
include a personal interview, a reference check, an annual
|
evaluation of each employee (which may be based in part |
upon information provided by
health care facilities |
utilizing nurse agency personnel) and periodic
health |
examinations. Executed contracts must be sent to the |
Department within 5 business days of their effective date |
and are not subject to disclosure under the Freedom of |
Information Act. No less than 100% of the nurse or |
certified nurse aide hourly rate shall be paid to the |
nurse or certified nurse aide employee.
|
(b) Each nurse agency shall have a nurse serving as a |
manager or
supervisor of all nurses and certified nurses |
aides.
|
(c) Each nurse agency shall
ensure that its employees meet |
the minimum
licensing, training, continuing education, and |
orientation standards for
which those employees
are licensed |
or certified.
|
(d) A nurse agency shall not employ, assign, or refer for |
use in an Illinois
health care facility a nurse or certified |
|
nurse aide unless certified or
licensed under applicable |
provisions of State and federal law or regulations.
Each |
certified nurse aide shall comply with all pertinent
|
regulations of the Illinois Department of Public Health |
relating to the
health and other qualifications of personnel |
employed in health care facilities.
|
(e) The Department may adopt rules to monitor the usage of |
nurse agency services to
determine their impact.
|
(f) Nurse agencies are prohibited from recruiting |
potential employees on the premises of a health care facility |
or requiring, as a condition of
employment, assignment, or |
referral, that their employees
recruit new employees for the |
nurse agency from
among the permanent employees of the health |
care facility to which the
nurse agency employees have been |
employed,
assigned, or referred,
and the health care facility |
to which such employees are employed, assigned,
or referred is |
prohibited from requiring, as a condition of employment,
that |
their employees recruit new employees from these nurse agency
|
employees. Violation of this provision is a business offense.
|
(g) Nurse agencies are prohibited from entering into |
covenants not to compete with nurses and certified nurse |
aides. A covenant not to compete entered into on or after the |
effective date of this amendatory Act of the 102nd General |
Assembly between a nurse agency and a nurse or certified nurse |
aide is illegal and void. The nursing agency shall not, in any |
contract with any employee or health care facility, require |
|
the payment of liquidated damages, conversion fees, employment |
fees, buy-out fees, placement fees, or other compensation if |
the employee is hired as a permanent employee of a health care |
facility. |
(h) A nurse agency shall submit a report quarterly to the |
Department for each health care entity with whom the agency |
contracts that includes all of the following by provider type |
and county in which the work was performed: |
(1) A list of the average amount charged to the health |
care facility for each individual employee category. |
(2) A list of the average amount paid by the agency to |
employees in each individual employee category. |
(3) A list of the average amount of labor-related |
costs paid by the agency for each employee category, |
including payroll taxes, workers' compensation insurance, |
professional liability coverage, credentialing and |
testing, and other employee related costs. |
The Department shall publish by county in which the work |
was performed the average amount charged to the health care |
facilities by nurse agencies for each individual worker |
category and the average amount paid by the agency to each |
individual worker category. |
(i) The Department shall publish on its website the |
reports yearly by county. |
(j) The Department of Labor shall compel production of the |
maintained records, as required under this Section, by the |
|
nurse agencies. |
(Source: P.A. 86-817.)
|
(225 ILCS 510/14.1)
|
Sec. 14.1. Investigations; orders; civil penalties.
|
(a) The Department may at any time, and shall upon |
receiving a complaint
from any interested person, investigate |
any person licensed or applying for a
license under this Act |
suspected of violating any provision of any Section except |
Section 14.3. The Department shall investigate any person who
|
operates or advertises a nurse agency without being licensed |
under this Act. The Department shall establish a system of |
reporting complaints against a health care staffing agency. |
The Department shall publish on its website how an interested |
party may submit a complaint of a violation of this Act to the |
Department. Complaints may be made by an interested party. |
Complaints against a nurse agency shall be investigated by the |
Department of Labor. The investigations shall take into |
consideration the responsibility of health care facilities |
under Section 12 for supervising nurse agency employees |
assigned or referred to the facilities. For purposes of this |
Section, "interested party" means a health care facility, |
nurse staffing agency, or an employee of a health care |
facility or nurse staffing agency.
|
The Director or his or her authorized representative may |
examine the premises
of any nurse agency, may compel by |
|
subpoena,
for examination or inspection, the attendance and |
testimony of witnesses and
the production of books, payrolls, |
records, papers and other evidence in any
investigation or |
hearing, and may administer oaths or affirmations to
|
witnesses.
|
(b) After appropriate notice and hearing, and if supported |
by the evidence,
the Department may issue and cause to be |
served on any person an order to cease
and desist from |
violation of this Act and to take any further action that is
|
reasonable to eliminate the effect of the violation of any |
Section except Section 14.3.
|
Whenever it appears that any person has violated a valid |
order of the
Department issued under this Act, the Director |
may commence an action and
obtain from the court an order |
directing the person to obey the order of the
Department or be |
subject to punishment for contempt of court.
|
The Department may petition the court for an order |
enjoining any
violation of any Section of this Act except |
Section 14.3.
|
(c) Any licensee or applicant who violates any provision |
of this Act or the
rules adopted under this Act shall be |
subject to a civil penalty of $10,000 per occurrence payable |
to the Department for the purpose of enforcing this Act $1,000 |
per
day for each violation. Civil penalties may be assessed by |
the Department in
an administrative action and may, if |
necessary, be recovered in a civil action
brought by the |
|
Director through the Attorney General of the State of Illinois
|
or the State's attorney of any county in which the violation |
occurred. The
court may order that the civil penalties |
assessed for violation
of this Act, together with any costs or |
attorney's fees arising out of the
action to collect the |
penalties, be paid to the Department. The fact that the
|
violation has ceased does not excuse any person from liability |
for civil
penalties arising from the violation.
|
(d) Any nurse staffing agency that has been found not to |
have paid an employee 100% of the hourly wage rate identified |
in the contract between such nurse staffing agency and health |
care facility shall be liable to the employee for the actual |
amount of the underpayment, plus damages of 5% of the amount of |
the underpayment. |
(Source: P.A. 88-230.)
|
(225 ILCS 510/14.3 new) |
Sec. 14.3. Contracts between nurse agencies and health |
care facilities. |
(a) A contract entered into on or after the effective date |
of this amendatory Act of the 102nd General Assembly between |
the nurse agency and health care facility must contain the |
following provisions: |
(1) A full disclosure of charges and compensation.
The |
disclosure shall include a schedule of all hourly bill |
rates per category of employee, a full description of |
|
administrative charges, and a schedule of rates of all |
compensation per category of employee, including, but not |
limited to, hourly regular pay rate, shift differential, |
weekend differential, hazard pay, charge nurse add-on, |
overtime, holiday pay, and travel or mileage pay. |
(2) A commitment that nurses or certified nurse aides |
employed, assigned, or referred to a health care facility |
by the nurse agency perform any and all duties called for |
within the full scope of practice for which the nurse or |
certified nurse aide is licensed or certified. |
(3) No less than 100% of the nurse or certified nurse |
aide hourly rate shall be paid to the nurse or certified |
nurse aide employee. |
(b) A party's failure to comply with the requirements of |
subsection (a) shall be a defense to the enforcement of a |
contract between a nurse agency and a health care facility. |
Any health care facility or nurse agency aggrieved by a |
violation of subsection (a) shall have a right of action in a |
State court against the offending party. A prevailing party |
may recover for each violation: |
(1) liquidated damages of $1,500 or actual damages, |
whichever is greater; |
(2) reasonable attorney's fees and costs, including |
expert witness fees and other litigation expenses; and |
(3) other relief, including an injunction, as the |
court may deem appropriate.
|