Illinois Compiled Statutes
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HEALTH FACILITIES AND REGULATION210 ILCS 45/Art. III Pt. 3
(210 ILCS 45/) Nursing Home Care Act.
(210 ILCS 45/Art. III Pt. 3 heading)
VIOLATIONS AND PENALTIES
210 ILCS 45/3-301
(210 ILCS 45/3-301)
(from Ch. 111 1/2, par. 4153-301)
Determination of violation; notice; review
(a) If after receiving the report specified in subsection (c)
of Section 3-212 the Director or his designee determines that a facility is
in violation of this Act or of any rule promulgated thereunder, he shall
serve a notice of violation upon the licensee within 10 days thereafter.
Each notice of violation shall be prepared in
writing and shall specify the nature of the violation, and the statutory
provision or rule alleged to have been violated. The notice shall
inform the licensee of any action the Department may take under the Act,
including the requirement of a facility plan of correction under Section
3-303; placement of the facility on a list prepared under Section 3-304;
assessment of a penalty under Section 3-305; a conditional license
under Sections 3-311 through 3-317; or license suspension or revocation
under Section 3-119. The Director or his designee shall
also inform the licensee of rights to a hearing under Section 3-703.
(b) The Department shall perform an audit of all Type "AA" or Type "A" violations between January 1, 2014 and January 1, 2015. The purpose of the audit is to determine the consistency of assigning Type "AA" and Type "A" violations. The audit shall be completed and a report submitted to the Long Term Care Advisory Committee by April 1, 2015 for comment. The report shall include recommendations for increasing the consistency of assignment of violations. The Committee may offer additional recommendations to be incorporated into the report. The final report shall be filed with the General Assembly by June 30, 2015.
(Source: P.A. 98-104, eff. 7-22-13.)
210 ILCS 45/3-302
(210 ILCS 45/3-302)
(from Ch. 111 1/2, par. 4153-302)
Each day the violation exists after the date upon which a
notice of violation is served under Section 3-301 shall constitute a
separate violation for purposes of assessing penalties or fines under
Section 3-305. The submission of a plan of correction pursuant to
subsection (b) of Section 3-303 does not prohibit or preclude the
Department from assessing penalties or fines pursuant to Section 3-305 for
those violations found to be valid except as provided under Section 3-308
in relation to Type "B" violations. No penalty or fine may be
assessed for a condition for which the facility has received a variance or
waiver of a standard.
(Source: P.A. 85-1378.)
210 ILCS 45/3-303
(210 ILCS 45/3-303)
(from Ch. 111 1/2, par. 4153-303)
(a) The situation, condition or practice constituting a Type "AA" violation or a Type
"A" violation shall be abated or eliminated immediately unless a fixed period
of time, not exceeding 15 days, as determined by the Department and specified
in the notice of violation, is required for correction.
(b) At the time of issuance of a notice of a Type "B" violation,
the Department shall request a plan of correction which is subject to the
Department's approval. The facility shall have 10 days after receipt of
notice of violation in which to prepare and submit a plan of correction.
The Department may extend this period up to 30 days where correction involves
substantial capital improvement. The plan shall include a fixed time period
not in excess of 90 days within which violations are to be corrected. If
the Department rejects a plan of correction, it shall send notice of the
rejection and the reason for the rejection to the facility. The facility
shall have 10 days after receipt of the notice of rejection in which to
submit a modified plan. If the modified plan is not timely submitted, or
if the modified plan is rejected, the facility shall follow an approved
plan of correction imposed by the Department.
(c) If the violation has been corrected prior to submission and approval
of a plan of correction, the facility may submit a report of correction
in place of a plan of correction. Such report shall be signed by the
administrator under oath.
(d) Upon a licensee's petition, the Department shall determine whether
to grant a licensee's request for an extended correction time. Such petition
shall be served on the Department prior to expiration of the correction
time originally approved. The burden of proof is on the petitioning facility
to show good cause for not being able to comply with the original correction
(e) If a facility desires to contest any Department action under this
Section it shall send a written request for a hearing under Section 3-703
to the Department within 10 days of receipt of notice of the contested action.
The Department shall commence the hearing as provided under Section 3-703.
Whenever possible, all action of the Department under this Section arising
out of a violation shall be contested and determined at a single hearing.
Issues decided after a hearing may not be reheard at subsequent hearings
under this Section.
(Source: P.A. 96-1372, eff. 7-29-10.)
210 ILCS 45/3-303.1
(210 ILCS 45/3-303.1)
(from Ch. 111 1/2, par. 4153-303.1)
Waiver of requirements.
(a) Upon application by a facility, the Director may grant
or renew the waiver of the facility's compliance with a rule or standard
for a period not to exceed the duration of the current license or, in the
case of an application for license renewal, the duration of the renewal
period. The waiver may be conditioned upon the
facility taking action
prescribed by the Director as a measure equivalent to compliance.
In determining whether to grant or renew a waiver, the Director shall consider
the duration and basis for any current waiver with respect to the same rule
or standard and the validity and effect upon patient health and safety of
extending it on the same basis, the effect upon the health and safety of
residents, the quality of resident
care, the facility's history of compliance with the rules and standards
of this Act, and the facility's attempts to comply
with the particular rule or standard in question.
(b) The Department may
provide, by rule, for the automatic renewal of waivers concerning physical
plant requirements upon the renewal of a license. The Department shall
renew waivers relating to physical plant standards issued pursuant to this
Section at the time of the indicated reviews, unless it can show why such
waivers should not be extended for the following reasons:
(1) the condition of the physical plant has
deteriorated or its use substantially changed so that the basis upon which the waiver was issued is materially different; or
(2) the facility is renovated or substantially
remodeled in such a way as to permit compliance with the applicable rules and standards without substantial increase in cost.
(c) Upon application by a facility, the Director may grant or renew a waiver, in whole or in part, of the registered nurse staffing requirements contained in subsection (e) of Section 3-202.05, considering the criteria in subsection (a) of this Section, if the facility demonstrates to the Director's satisfaction that the facility is unable, despite diligent efforts, including offering wages at a competitive rate for registered nurses in the community, to employ the required number of registered nurses and that the waivers will not endanger the health or safety of residents of the facility. A facility in compliance with the terms of a waiver granted under this subsection shall not be subject to fines or penalties imposed by the Department for violating the registered nurse staffing requirements of subsection (e) of Section 3-202.05. Nothing in this subsection (c) allows the Director to grant or renew a waiver of the minimum registered nurse staffing requirements contained in 42 CFR 483.35(b) to a facility that is Medicare-certified or to a facility that is both Medicare-certified and Medicaid-certified. Waivers granted under this subsection (c) shall be reviewed quarterly by the Department, including requiring a demonstration by the facility that it has continued to make diligent efforts to employ the required number of registered nurses, and shall be revoked for noncompliance with any of the following requirements:
(1) For periods in which the number of registered
nurses required by law is not in the facility, a physician or registered nurse shall respond immediately to a telephone call from the facility.
(2) The facility shall notify the following of the
waiver: the Office of the State Long Term Care Ombudsman, the residents of the facility, the residents' guardians, and the residents' representatives.
(d) A copy of each waiver application and each waiver granted or renewed shall
be on file with the Department and available for public inspection. The
Director shall annually review such file and recommend to the Long-Term
Care Facility Advisory Board any modification in rules or standards suggested
by the number and nature of waivers requested and granted and the difficulties
faced in compliance by similarly situated facilities.
(Source: P.A. 100-201, eff. 8-18-17; 100-217, eff. 8-18-17.)
210 ILCS 45/3-303.2
(210 ILCS 45/3-303.2)
(from Ch. 111 1/2, par. 4153-303.2)
(a) If the Department finds a situation, condition or
practice which violates this Act or any rule promulgated thereunder which
does not constitute a Type "AA", Type "A", Type "B", or Type "C" violation, the
Department shall issue an administrative warning. Any administrative
warning shall be served upon the facility in the same manner as the notice
of violation under Section 3-301. The facility shall be responsible for
correcting the situation, condition or practice; however, no written plan
of correction need be submitted for an administrative warning, except for
violations of Sections 3-401 through 3-413 or the rules promulgated
thereunder. A written plan of correction is required to be filed for an
administrative warning issued for violations of Sections 3-401 through
3-413 or the rules promulgated thereunder.
(b) If, however, the situation, condition or practice which resulted in
the issuance of an administrative warning, with the exception of
administrative warnings issued pursuant to Sections 3-401 through 3-413 or
the rules promulgated thereunder, is not corrected by the next
on-site inspection by the Department which occurs no earlier than 90 days
from the issuance of the administrative warning, a written plan of
correction must be submitted in the same manner as provided in subsection
(b) of Section 3-303.
(Source: P.A. 96-1372, eff. 7-29-10.)
210 ILCS 45/3-304
(210 ILCS 45/3-304)
(from Ch. 111 1/2, par. 4153-304)
(a) The Department shall prepare on a quarterly basis a
list containing the names and addresses of all facilities against which
the Department during the previous quarter has:
(1) sent a notice under Section 3-307 regarding a
penalty assessment under subsection (1) of Section 3-305;
(2) sent a notice of license revocation under Section
(3) sent a notice refusing renewal of a license under
(4) sent a notice to suspend a license under Section
(5) issued a conditional license for violations that
have not been corrected under Section 3-303 or penalties or fines described under Section 3-305 have been assessed under Section 3-307 or 3-308;
(6) placed a monitor under subsections (a), (b) and
(c) of Section 3-501 and under subsection (d) of such Section where license revocation or nonrenewal notices have also been issued;
(7) initiated an action to appoint a receiver;
(8) recommended to the Director of Healthcare and
Family Services (formerly Director of the Department of Public Aid), or the Secretary of the United States Department of Health and Human Services, the decertification for violations in relation to patient care of a facility pursuant to Titles XVIII and XIX of the federal Social Security Act.
(b) In addition to the name and address of the facility, the list shall
include the name and address of the person or licensee against whom the
action has been initiated, a self-explanatory summary of the facts which
warranted the initiation of each action, the type of action initiated, the
date of the initiation of the action, the amount of the penalty sought to
be assessed, if any, and the final disposition of the action, if completed.
(c) The list shall be available to any member of the public upon oral
or written request without charge.
(Source: P.A. 95-331, eff. 8-21-07.)
210 ILCS 45/3-304.1
(210 ILCS 45/3-304.1)
Public computer access to information.
(a) The Department must make information regarding nursing homes in the
available to the public in electronic form on the World Wide Web, including all
(1) who regulates nursing homes;
(2) information in the possession of the Department
that is listed in Sections 3-210 and 3-304;
(3) deficiencies and plans of correction;
(4) enforcement remedies;
(5) penalty letters;
(6) designation of penalty monies;
(7) the U.S. Department of Health and Human Services'
Health Care Financing Administration special projects or federally required inspections;
(8) advisory standards;
(9) deficiency-free surveys;
(10) enforcement actions and enforcement summaries;
(11) distressed facilities;
(12) the report submitted under Section 3-518;
(13) a link to the most recent facility cost report
filed with the Department of Healthcare and Family Services;
(14) a link to the most recent Consumer Choice
Information Report filed with the Department on Aging;
(15) whether the facility is part of a chain; the
facility shall be deemed part of a chain if it meets criteria established by the United States Department of Health and Human Services that identify it as owned by a chain organization;
(16) whether the facility is a for-profit or
not-for-profit facility; and
(17) whether the facility is or is part of a
continuing care retirement community.
(b) No fee or other charge may be imposed by the Department as a condition
of accessing the information.
(c) The electronic public access provided through the World Wide Web shall
in addition to any other electronic or print distribution of the information.
(d) The information shall be made available as provided in this Section in
shortest practicable time after it is publicly available in any other form.
(Source: P.A. 98-85, eff. 7-15-13; 98-505, eff. 1-1-14; 98-756, eff. 7-16-14.)
210 ILCS 45/3-304.2
(210 ILCS 45/3-304.2)
Designation of distressed facilities.
(a) By May 1, 2011, and quarterly thereafter, the Department shall generate and publish quarterly a
list of distressed facilities. Criteria for inclusion of certified facilities on the list shall be those used by the U.S. General Accounting Office in report 9-689, until such time as the Department by rule modifies the criteria.
(b) In deciding whether and how to modify the criteria used by the General Accounting Office, the Department shall complete a test run of any substitute criteria to determine their reliability by comparing the number of facilities identified as distressed against the number of distressed facilities generated using the criteria contained in the General Accounting Office report. The Department may not adopt substitute criteria that generate fewer facilities with a distressed designation than are produced by the General Accounting Office criteria during the test run.
(c) The Department shall, by rule, adopt criteria to identify non-Medicaid-certified facilities that are distressed and shall publish this list quarterly beginning October 1, 2011.
(d) The Department shall notify each facility of its distressed designation, and of the calculation on
which it is based.
(e) A distressed facility may contract with an independent consultant meeting criteria established by
the Department. If the distressed facility does not seek the assistance of an independent
consultant, the Department shall place a monitor or a temporary manager in the facility, depending
on the Department's assessment of the condition of the facility.
(f) Independent consultant. A facility that has been designated a distressed facility may
contract with an independent consultant to develop and assist in the
implementation of a plan of improvement to bring and keep
the facility in compliance with this Act and, if applicable, with federal certification
requirements. A facility that contracts with an independent consultant
shall have 90 days to develop a plan of improvement and demonstrate a
good faith effort at implementation, and another 90 days to achieve compliance
and take whatever additional actions are called for in the improvement plan
to maintain compliance. A facility that the Department determines has a plan
of improvement likely to bring and keep the facility in compliance
and that has demonstrated good faith efforts at implementation
within the first 90 days may be eligible to receive a grant under the Equity
in Long-term Care Quality Act to assist it in achieving and maintaining compliance.
In this subsection, "independent" consultant means an individual who has no professional or
financial relationship with the facility, any person with a reportable ownership
interest in the facility, or any related parties. In this subsection, "related parties" has the
meaning attributed to it in the instructions for completing Medicaid cost reports.
(f-5) Monitor and temporary managers. A distressed facility that does not contract with a consultant shall be assigned a monitor or a temporary manager at the Department's discretion. The cost of the temporary manager shall be paid by the facility. The temporary manager shall have the authority determined by the Department, which may grant the temporary manager any or all of the authority a court may grant a receiver. The temporary manager may apply to the Equity in Long-term Care Quality Fund for grant funds to implement the plan of improvement.
(g) The Department shall by rule establish a mentor program for owners of distressed facilities.
(h) The Department shall by rule establish sanctions (in addition to those authorized elsewhere in this Article) against distressed facilities that are not in compliance with this Act and (if applicable) with federal certification requirements. Criteria for imposing sanctions shall take into account a facility's actions to address the violations and deficiencies that caused its designation as a distressed facility, and its compliance with this Act and with federal certification requirements (if applicable), subsequent to its designation as a distressed facility, including mandatory revocations if criteria can be agreed upon by the Department, resident advocates, and representatives of the nursing home profession. By February 1, 2011, the Department shall report to the General Assembly on the results of negotiations about creating criteria for mandatory license revocations of distressed facilities and make recommendations about any statutory changes it believes are appropriate to protect the health, safety, and welfare of nursing home residents.
(i) The Department may establish by rule criteria for restricting the owner of a facility on the distressed list from acquiring additional skilled nursing facilities.
(Source: P.A. 96-1372, eff. 7-29-10; 97-813, eff. 7-13-12.)
210 ILCS 45/3-305
(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.)
210 ILCS 45/3-305.5
(210 ILCS 45/3-305.5)
Violation of the Nurse Practice Act.
A facility that fails to submit any required report under Section 80-10 of the Nurse Practice Act is subject to discipline under this Article.
(Source: P.A. 98-990, eff. 8-18-14.)
210 ILCS 45/3-305.8
(210 ILCS 45/3-305.8)
Database of nursing home quarterly reports and citations.
(a) The Department shall publish the quarterly reports of facilities in violation of this Act in an easily searchable, comprehensive, and downloadable electronic database on the Department's website in language that is easily understood. The database shall include quarterly reports of all facilities that have violated this Act starting from 2005 and shall continue indefinitely. The database shall be in an electronic format with active hyperlinks to individual facility citations. The database shall be updated quarterly and shall be electronically searchable using a facility's name and address and the facility owner's name and address.
(b) In lieu of the database under subsection (a), the Department may elect to publish the list mandated under Section 3-304 in an easily searchable, comprehensive, and downloadable electronic database on the Department's website in plain language. The database shall include the information from all such lists since 2005 and shall continue indefinitely. The database shall be in an electronic format with active hyperlinks to individual facility citations. The database shall be updated quarterly and shall be electronically searchable using a facility's name and address and the facility owner's name and address.
(Source: P.A. 101-10, eff. 6-5-19.)
210 ILCS 45/3-306
(210 ILCS 45/3-306)
(from Ch. 111 1/2, par. 4153-306)
In determining whether a penalty is to be imposed and in determining
the amount of the penalty to be imposed, if any, for a violation,
the Director shall consider the following factors:
(1) the gravity of the violation, including the
probability that death or serious physical or mental harm to a resident will result or has resulted; the severity of the actual or potential harm, and the extent to which the provisions of the applicable statutes or regulations were violated;
(2) the reasonable diligence exercised by the
licensee and efforts to correct violations;
(3) any previous violations committed by the
(4) the financial benefit to the facility of
committing or continuing the violation.
(Source: P.A. 100-201, eff. 8-18-17.)
210 ILCS 45/3-307
(210 ILCS 45/3-307)
(from Ch. 111 1/2, par. 4153-307)
The Director may directly assess penalties provided for under
Section 3-305 of this Act. If the Director determines that a penalty should
be assessed for a particular violation or for failure to correct it, he
shall send a notice to the facility. The notice shall
specify the amount of the penalty assessed, the violation, and the statute or
rule alleged to have been violated, and shall inform the licensee of the
right to hearing under Section 3-703 of this Act. The notice must contain a detailed computation showing how the amount of the penalty was derived, including the number of days and the number of residents on which the penalty was based. If the violation is
the notice shall specify the amount of additional assessment per day for
the continuing violation.
(Source: P.A. 96-729, eff. 8-25-09.)
210 ILCS 45/3-308
(210 ILCS 45/3-308)
(from Ch. 111 1/2, par. 4153-308)
In the case of a Type "A" violation, a penalty may be assessed
from the date on which the violation is discovered. In the case of a Type
"B" or Type "C" violation or an administrative warning issued pursuant to
Sections 3-401 through 3-413 or the rules promulgated thereunder, the
facility shall submit a plan of correction as
provided in Section 3-303.
In the case of a Type "B" violation or an administrative warning issued
pursuant to Sections 3-401 through 3-413 or the rules promulgated
thereunder, a penalty shall be assessed on the
date of notice of the violation, but the Director may reduce the amount or
waive such payment for any of the following reasons:
(a) The facility submits a true report of correction
(b) The facility submits a plan of correction within
10 days and subsequently submits a true report of correction within 15 days thereafter;
(c) The facility submits a plan of correction within
10 days which provides for a correction time that is less than or equal to 30 days and the Department approves such plan; or
(d) The facility submits a plan of correction for
violations involving substantial capital improvements which provides for correction within the initial 90 day limit provided under Section 3-303.
The Director or his or her designee may reallocate the amount of a penalty assessed pursuant to Section 3-305. A facility shall submit to the Director a written request for a penalty reduction, in a form prescribed by the Department, which includes an accounting of all costs for goods and services purchased in correcting the violation. The amount by which a penalty is reduced may not be greater than the amount of the costs reported by the facility. A facility that accepts a penalty reallocation under this Section waives its right to dispute a notice of violation and any remaining fine or penalty in an administrative hearing. The Director shall consider the following factors:
(1) The violation has not caused actual harm to a
(2) The facility has made a diligent effort to
correct the violation and to prevent its recurrence.
(3) The facility has no record of a pervasive pattern
of the same or similar violations.
(4) The facility did not benefit financially from
committing or continuing the violation.
At least annually, and upon request, the Department shall provide a list of all reallocations and the reasons for those reallocations.
If a plan of correction is approved and carried out for a Type "C"
violation, the fine provided under Section 3-305 shall be suspended for the
time period specified in the approved plan of correction. If a plan of
correction is approved and carried out for a Type "B" violation or an
administrative warning issued pursuant to Sections 3-401 through 3-413 or
the rules promulgated thereunder, with respect to a violation that
continues after the date of notice of violation, the fine provided under
Section 3-305 shall be suspended for the time period specified in the
approved plan of correction.
If a good faith plan of correction is not received within the time
provided by Section 3-303, a penalty may be assessed from the date of the
notice of the Type "B" or "C" violation or an administrative warning
issued pursuant to Sections 3-401 through 3-413 or the rules promulgated
thereunder served under Section 3-301 until the date of the receipt of a
good faith plan of correction, or until the date the violation is
corrected, whichever is earlier. If a violation is not corrected within the
time specified by an approved plan of correction or any lawful extension
thereof, a penalty may be assessed from the date of notice of the
violation, until the date the violation is corrected.
(Source: P.A. 96-758, eff. 8-25-09.)
210 ILCS 45/3-308.5
(210 ILCS 45/3-308.5)
Facilities operated by Department of Veterans' Affairs; penalty offset.
(a) In the case of a veterans home, institution, or other place operated by or under the authority of the Illinois Department of Veterans' Affairs, the amount of any penalty or fine shall be offset by the cost of the plan of correction, capital improvements, or physical plant repairs. For purposes of this Section only, "offset" means that the amount that the Illinois Department of Veterans' Affairs expends to pay for the cost of a plan of correction shall be deemed by the Illinois Department of Public Health to fully satisfy any monetary penalty or fine imposed by the Department of Public Health. Once a fine or monetary penalty is offset pursuant to this Section, in no case may the Department of Public Health, with respect to the offense for which the fine or penalty was levied, continue to purport to impose a fine or monetary penalty upon the Department of Veterans' Affairs for that violation.
(b) The Director of Public Health shall issue a Declaration to the Director of Veterans' Affairs confirming the citation of each Type "A" violation and request that immediate action be taken to protect the health and safety of the veterans in the facility.
(Source: P.A. 96-703, eff. 8-25-09.)
210 ILCS 45/3-309
(210 ILCS 45/3-309)
(from Ch. 111 1/2, par. 4153-309)
A facility may contest an assessment of a penalty by sending
a written request to the Department for hearing under Section 3-703. Upon
receipt of the request the Department shall hold a hearing as provided under
Section 3-703. Instead of requesting a hearing pursuant to Section 3-703, a facility may, within 10 business days after receipt of the notice of violation and fine assessment, transmit to the Department 65% of the amount assessed for each violation specified in the penalty assessment.
(Source: P.A. 96-1372, eff. 7-29-10; 97-870, eff. 7-30-12.)
210 ILCS 45/3-310
(210 ILCS 45/3-310)
(from Ch. 111 1/2, par. 4153-310)
All penalties shall be paid to the Department within 10 days
of receipt of notice of assessment or, if the penalty is contested under
Section 3-309, within 10 days of receipt of the final decision, unless the
decision is appealed and the order is stayed by court order under Section
3-713. A facility choosing to waive the right to a hearing under Section 3-309 shall submit a payment totaling 65% of the original fine amount along with the written waiver. A penalty assessed under this Act shall be collected by the
Department and shall be deposited with the State Treasurer into the Long
Term Care Monitor/Receiver Fund. If the person or facility against whom a
penalty has been assessed does not comply with a written demand for payment
within 30 days, the Director shall issue an order to do any of the following:
(1) Direct the State Treasurer or Comptroller to
deduct the amount of the fine from amounts otherwise due from the State for the penalty and remit that amount to the Department;
(2) Add the amount of the penalty to the facility's
licensing fee; if the licensee refuses to make the payment at the time of application for renewal of its license, the license shall not be renewed; or
(3) Bring an action in circuit court to recover the
With the approval of the federal centers for Medicaid and Medicare
the Director of Public Health shall set aside 50% of the federal civil monetary
penalties collected each year to be used to
grants under the Equity in Long-term Care Quality
(Source: P.A. 99-933, eff. 1-27-17.)
210 ILCS 45/3-311
(210 ILCS 45/3-311)
(from Ch. 111 1/2, par. 4153-311)
In addition to the right to assess penalties under this Act,
the Director may issue a conditional license under Section 3-305 to any
facility if the Director finds that either a Type "A" or Type "B" violation
exists in such facility. The issuance of a conditional license shall revoke
any license held by the facility.
(Source: P.A. 85-1378.)
210 ILCS 45/3-312
(210 ILCS 45/3-312)
(from Ch. 111 1/2, par. 4153-312)
Prior to the issuance of a conditional license, the Department
shall review and approve a written plan of correction. The Department shall
specify the violations which prevent full licensure and shall establish
a time schedule for correction of the deficiencies. Retention of the license
shall be conditional on the timely correction of the deficiencies in
accordance with the plan of correction.
(Source: P.A. 83-1530.)
210 ILCS 45/3-313
(210 ILCS 45/3-313)
(from Ch. 111 1/2, par. 4153-313)
Written notice of the decision to issue a conditional license
shall be sent to the applicant or licensee together with the
specification of all violations of this Act and the rules promulgated
thereunder which prevent full licensure and which form the basis for the
Department's decision to issue a conditional license and the
required plan of correction. The notice shall inform the applicant or
licensee of its right to a full hearing under Section 3-315 to contest the
issuance of the conditional license.
(Source: P.A. 83-1530.)
210 ILCS 45/3-315
(210 ILCS 45/3-315)
(from Ch. 111 1/2, par. 4153-315)
If the applicant or licensee desires to contest the basis
for issuance of a conditional license, or the terms of the plan of
correction, the applicant or licensee shall send a written request for
hearing to the Department within 10 days after receipt by the applicant or
licensee of the Department's notice and decision to issue a conditional
license. The Department shall hold the hearing as provided under Section 3-703.
(Source: P.A. 83-1530.)
210 ILCS 45/3-316
(210 ILCS 45/3-316)
(from Ch. 111 1/2, par. 4153-316)
A conditional license shall be issued for a period specified
by the Department, but in no event for more than one year. The Department
shall periodically inspect any facility operating under a conditional license.
If the Department finds substantial failure by the facility to timely
correct the violations which prevented full licensure and formed the basis
for the Department's decision to issue a conditional license in accordance
with the required plan of correction, the conditional license may be revoked
as provided under Section 3-119.
(Source: P.A. 83-1530.)
210 ILCS 45/3-318
(210 ILCS 45/3-318)
(from Ch. 111 1/2, par. 4153-318)
(a) No person shall:
(1) Intentionally fail to correct or interfere with
the correction of a Type "AA", Type "A", or Type "B" violation within the time specified on the notice or approved plan of correction under this Act as the maximum period given for correction, unless an extension is granted and the corrections are made before expiration of extension;
(2) Intentionally prevent, interfere with, or attempt
to impede in any way any duly authorized investigation and enforcement of this Act;
(3) Intentionally prevent or attempt to prevent any
examination of any relevant books or records pertinent to investigations and enforcement of this Act;
(4) Intentionally prevent or interfere with the
preservation of evidence pertaining to any violation of this Act or the rules promulgated under this Act;
(5) Intentionally retaliate or discriminate against
any resident or employee for contacting or providing information to any state official, or for initiating, participating in, or testifying in an action for any remedy authorized under this Act;
(6) Wilfully file any false, incomplete or
intentionally misleading information required to be filed under this Act, or wilfully fail or refuse to file any required information;
(7) Open or operate a facility without a license;
(8) Intentionally retaliate or discriminate against
any resident for consenting to authorized electronic monitoring under the Authorized Electronic Monitoring in Long-Term Care Facilities Act; or
(9) Prevent the installation or use of an electronic
monitoring device by a resident who has provided the facility with notice and consent as required in Section 20 of the Authorized Electronic Monitoring in Long-Term Care Facilities Act.
(b) A violation of this Section is a business offense, punishable by a
fine not to exceed $10,000, except as otherwise provided in subsection (2)
of Section 3-103 as to submission of false or misleading information in
a license application.
(c) The State's Attorney of the county in which the facility is
located, or the Attorney General, shall be notified by the Director
of any violations of this Section.
(Source: P.A. 99-430, eff. 1-1-16
210 ILCS 45/3-320
(210 ILCS 45/3-320)
(from Ch. 111 1/2, par. 4153-320)
All final administrative decisions of the Department under
this Act are subject to judicial review under the Administrative Review
Law, as now or hereafter amended, and the rules adopted pursuant thereto.
The term "administrative decision" is defined as in Section 3-101 of the
Code of Civil Procedure.
(Source: P.A. 83-1530.)