Section 330.286  Notice of Penalty Assessment; Response by Facility

a)         If the Director or his or her designee determines that a penalty is to be assessed, a written notice of penalty assessment shall be sent to the facility.  Each notice of penalty assessment shall include:

1)         The amount of the penalty assessed as provided in Section 330.282.

2)         The amount of any reduction or whether the penalty has been waived pursuant to Section 330.288.

3)         A description of the violation, including a reference to the notices of violation and plans of correction that are the basis of the assessment.

4)         A citation to the provision of the statute or rule that the facility has violated.

5)         A description of the right of the facility to appeal the assessment and of the right to a hearing under Section 3-703 of the Act.  (Section 3-307 of the Act)

b)         A facility may contest an assessment of a penalty by sending a written request to the Department for hearing under Section 3-703 of the Act.  Upon receipt of the request the Department shall hold a hearing as provided under Section 3-703 of the Act.  Instead of requesting a hearing pursuant to Section 3-703 of the Act, a facility may, within 10 business days after receipt of the notice of violation and fine assessment, transmit to the Department:

1)         65% of the amount assessed for each violation specified in the penalty assessment; or

2)         in the case of a fine subject to offset under Section 330.282(j) and Section 3-305 of the Act, up to 75% of the amount assessed.  (Section 3-309 of the Act)  In lieu of submitting payment for the fine subject to offset under Section 330.282(k) and Section 3-305 of the Act, a facility may submit to the Department a copy of a letter to the Centers for Medicare and Medicaid Services (CMMS) of its binding intent to waive its right to a federal hearing to contest a civil monetary penalty for the equivalent federal violation, as described in Section 330.282(k) of this Part.

c)         The facility shall pay penalties to the Department within the time periods provided in Section 3-310 of the Act.

d)         The submission of either 65% of the amount assessed for each violation specified in the penalty assessment, pursuant to subsection (b)(1), or the submission of up to 75% of the amount assessed (or a letter to CMMS), as described in subsection (b)(2), shall constitute a waiver by the facility of a right to hearing pursuant to Section 3-703 of the Act.

(Source:  Amended at 35 Ill. Reg. 11513, effective June 29, 2011)