Section 295.1060  Remedies and Sanctions

a)         The Department may impose the following remedies and sanctions upon an establishment that is found to have committed a violation under the following circumstances:

1)         Consultative conference – possible for all violations.  This may be part of the on-site review, via teleconference, or other means of communication. Failure to meet the requirements after the consultative conference may result in a higher sanction if the establishment does not come into compliance.  A consultative conference is a remedy, not a sanction.

2)         Statement of correction – shall be required for all levels of violation, either offered by the establishment or imposed by the Department.  A statement of correction must be submitted by the licensee within 15 days after the notification to the establishment of the infraction or violation.  A statement of correction must be in writing and must contain:

A)        A description of the specific corrective action the establishment is taking;

B)        A description of the steps that will be taken to avoid future occurrences; and

C)        A specific date by which the correction shall be completed.

3)         Administrative warning – may be imposed for any Type 3 violation.

4)         Mandatory training – may be required of establishment staff for any violation.

5)         Imposed order of correction – may be imposed for violations and repeat violations after the establishment fails to submit or carry out its own statement of correction or the establishment's plan fails to address the issue. The Department may impose an immediate order of correction for a Type 1 violation.

6)         Fines – shall be imposed as follows:

A)        The Department may impose a fine of up to $500 for an initial Type 2 violation.

B)        The Department may impose a fine of up to $1000 on any provider that has repeat Type 2 violations at a subsequent on-site inspection.

C)        The Department may impose a fine of up to $2000 for Type 1 violations.

D)        The Department shall impose a fine of up to $10,000 on any provider that has a repeat Type 1 violation or when the Director determines that a serious and immediate threat exists.

7)         Revocation of license – may occur when other remedies have been progressively applied and the establishment has not achieved compliance.  The decision to revoke a license may only be made by the Director of the Department.

b)         Remedies and sanctions shall be evaluated and imposed on the basis of:

1)         Gravity of the violation;

2)         Severity of the violation;

3)         Pattern of occurrences of the same or similar violations; and

4)         History of compliance with the Act and this Part.

c)         An unlicensed assisted living or shared housing establishment or an entity that violates Section 295.400(a), (b) or (c) shall be assessed a civil penalty not to exceed $3,000.  The entity will also be referred to the Department's Bureau of Long-Term Care for review and possible referral to the Office of the Attorney General. 

d)         Any licensee preventing the Department from carrying out its duties under this Section shall have its license revoked and be subject to a fine of not more than $250 per day.

e)         Any establishment caring for a resident whose care needs exceed those authorized under the Act shall be fined $500 for the first violation and $1,000 for each subsequent violation.  The establishment shall not be found in violation if a sudden change in a resident's condition, making the resident ineligible for residency, has occurred within the last 72 hours, the establishment is actively attempting to find placement for the resident in an alternative care setting, and the establishment has initiated involuntary termination of residency proceedings.  An establishment shall be deemed to be "actively attempting" to find alternative placement if the following occurs:

1)         The establishment is assisting the resident in finding alternative placement; and

2)         A reasonable relocation plan is in place, including a time frame and provision of services in the interim.

f)          An establishment that fails to conduct a health care worker background check as required by Section 295.3040 shall be fined $100 for each offense.

(Source:  Amended at 28 Ill. Reg. 14593, effective October 21, 2004)