(210 ILCS 45/3-305)
(from Ch. 111 1/2, par. 4153-305)
The license of a facility which is in violation of this Act
or any rule adopted thereunder may be subject to the penalties or fines
levied by the Department as specified in this Section.
(1) A licensee who commits a Type "AA" violation as defined in Section 1-128.5
is automatically issued a conditional license for a period of 6 months
to coincide with an acceptable plan of correction and assessed a fine up to $25,000 per violation.
(1.5) A licensee who commits a Type "A" violation as defined in Section 1-129 is automatically issued a conditional license for a period of 6 months to coincide with an acceptable plan of correction and assessed a fine of up to $12,500 per violation.
(2) A licensee who commits a Type "B" violation as defined in Section 1-130 shall be assessed a fine of up to $1,100 per violation.
(2.5) A licensee who commits 10 or more Type "C" violations, as defined in Section 1-132, in a single survey shall be assessed a fine of up to $250 per violation. A licensee who commits one or more Type "C" violations with a high risk designation, as defined by rule, shall be assessed a fine of up to $500 per violation.
(3) A licensee who commits a Type "AA" or Type "A" violation as defined in Section 1-128.5 or
1-129 which continues beyond the time specified in paragraph (a) of Section
3-303 which is cited as a repeat violation shall have its license revoked
and shall be assessed a fine of 3 times the fine computed per resident per
day under subsection (1).
(4) A licensee who fails to satisfactorily comply with an accepted
plan of correction for a Type "B" violation or an administrative warning
issued pursuant to Sections 3-401 through 3-413 or the rules promulgated
thereunder shall be automatically issued a conditional license for a period
of not less than 6 months. A second or subsequent acceptable plan of
correction shall be filed. A fine shall be assessed in accordance with
subsection (2) when cited for the repeat violation. This fine shall be
computed for all days of the violation, including the duration of the first
plan of correction compliance time.
(5) For the purpose of computing a penalty under subsections (2) through
(4), the number of residents per day shall be based on the average number
of residents in the facility during the 30 days preceding the discovery
of the violation.
(6) When the Department finds that a provision of Article II has been
violated with regard to a particular resident, the Department shall issue
an order requiring the facility to reimburse the resident for injuries
incurred, or $100, whichever is greater. In the case of a violation
involving any action other than theft of money belonging to a resident,
reimbursement shall be ordered only if a provision of Article II has been
violated with regard to that or any other resident of the facility within
the 2 years immediately preceding the violation in question.
(7) For purposes of assessing fines under this Section, a repeat
violation shall be a violation which has been cited during one inspection
of the facility for which an accepted plan of correction was not complied
with or a new citation of the same rule if the licensee is not substantially addressing the issue routinely
throughout the facility.
(7.5) If an occurrence results in more than one type of violation as defined in this Act (that is, a Type "AA", Type "A", Type "B", or Type "C" violation), the Department shall assess only one fine, which shall not exceed the maximum fine that may be assessed for the most serious type of violation charged. For purposes of the preceding sentence, a Type "AA" violation is the most serious type of violation that may be charged, followed by a Type "A", Type "B", or Type "C" violation, in that order.
(8) The minimum and maximum fines that may be assessed pursuant to this Section shall be twice those otherwise specified for any facility that willfully makes a misstatement of fact to the Department, or willfully fails to make a required notification to the Department, if that misstatement or failure delays the start of a surveyor or impedes a survey.
(9) High risk designation. If the Department finds that a facility has violated a provision of the Illinois Administrative Code that has a high risk designation, or that a facility has violated the same provision of the Illinois Administrative Code 3 or more times in the previous 12 months, the Department may assess a fine of up to 2 times the maximum fine otherwise allowed.
(10) If a licensee has paid a civil monetary penalty imposed pursuant to the Medicare and Medicaid Certification Program for the equivalent federal violation giving rise to a fine under this Section, the Department shall offset the fine by the amount of the civil monetary penalty. The offset may not reduce the fine by more than 75% of the original fine, however.
(Source: P.A. 98-104, eff. 7-22-13.)