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91_HB2245
LRB9104576ACtm
1 AN ACT to amend the Nursing Home Care Act by changing
2 Section 3-305.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Nursing Home Care Act is amended by
6 changing Section 3-305 as follows:
7 (210 ILCS 45/3-305) (from Ch. 111 1/2, par. 4153-305)
8 Sec. 3-305. The license of a facility which is in
9 violation of this Act or any rule adopted thereunder may be
10 subject to the penalties or fines levied by the Department as
11 specified in this Section.
12 (1) Unless a greater penalty or fine is allowed under
13 subsection (3), a licensee who commits a Type "A" violation
14 as defined in Section 1-129 is automatically issued a
15 conditional license for a period of 6 months to coincide with
16 an acceptable plan of correction and assessed a fine computed
17 at a rate of $10 $5.00 per resident in the facility plus 50
18 20 cents per resident for each day of the violation,
19 commencing on the date a notice of the violation is served
20 under Section 3-301 and ending on the date the violation is
21 corrected, or a fine of not less than $7,500 $5,000, or when
22 death, serious mental or physical harm, permanent disability,
23 or disfigurement results, a fine of not less than $12,500
24 $10,000, whichever is greater.
25 (2) A licensee who commits a Type "B" violation or who
26 is issued an administrative warning for a violation of
27 Sections 3-401 through 3-413 or the rules promulgated
28 thereunder is subject to a penalty computed at a rate of $7
29 $3 per resident in the facility, plus 30 15 cents per
30 resident for each day of the violation, commencing on the
31 date a notice of the violation is served under Section 3-301
-2- LRB9104576ACtm
1 and ending on the date the violation is corrected, or a fine
2 not less than $1,000 $500, whichever is greater. Such fine
3 shall be assessed on the date of notice of the violation and
4 shall be suspended for violations that continue after such
5 date upon completion of a plan of correction in accordance
6 with Section 3-308 in relation to the assessment of fines and
7 correction. Failure to correct such violation within the
8 time period approved under a plan of correction shall result
9 in a fine and conditional license as provided under
10 subsection (5).
11 (3) A licensee who commits a Type "A" violation as
12 defined in Section 1-129 which continues beyond the time
13 specified in paragraph (a) of Section 3-303 which is cited as
14 a repeat violation shall have its license revoked and shall
15 be assessed a fine of 3 times the fine computed per resident
16 per day under subsection (1).
17 (4) A licensee who fails to satisfactorily comply with
18 an accepted plan of correction for a Type "B" violation or an
19 administrative warning issued pursuant to Sections 3-401
20 through 3-413 or the rules promulgated thereunder shall be
21 automatically issued a conditional license for a period of
22 not less than 6 months. A second or subsequent acceptable
23 plan of correction shall be filed. A fine shall be assessed
24 in accordance with subsection (2) when cited for the repeat
25 violation. This fine shall be computed for all days of the
26 violation, including the duration of the first plan of
27 correction compliance time.
28 (5) For the purpose of computing a penalty under
29 subsections (2) through (4), the number of residents per day
30 shall be based on the average number of residents in the
31 facility during the 30 days preceding the discovery of the
32 violation.
33 (6) When the Department finds that a provision of
34 Article II has been violated with regard to a particular
-3- LRB9104576ACtm
1 resident, the Department shall issue an order requiring the
2 facility to reimburse the resident for injuries incurred, or
3 $100, whichever is greater. In the case of a violation
4 involving any action other than theft of money belonging to a
5 resident, reimbursement shall be ordered only if a provision
6 of Article II has been violated with regard to that or any
7 other resident of the facility within the 2 years immediately
8 preceding the violation in question.
9 (7) For purposes of assessing fines under this Section,
10 a repeat violation shall be a violation which has been cited
11 during one inspection of the facility for which an accepted
12 plan of correction was not complied with. A repeat violation
13 shall not be a new citation of the same rule, unless the
14 licensee is not substantially addressing the issue routinely
15 throughout the facility.
16 (Source: P.A. 86-407; 87-549; 87-1056.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.