TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER c: LONG-TERM CARE FACILITIES
PART 350 INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE
SECTION 350.165 CRITERIA FOR ADVERSE LICENSURE ACTIONS


 

Section 350.165  Criteria for Adverse Licensure Actions

 

a)         Adverse licensure actions are determinations to deny the issuance of an initial license, to deny the issuance of a renewal of a license, or to revoke the current license of a facility.

 

b)         A determination by the Director or his designee to take adverse licensure action against a facility shall be based on a finding that one or more of the following criteria are met:

 

1)         The facility has substantially failed to meet any of the minimum standards set forth in the Act or this Part.  For purposes of this provision, substantial failure is a failure to meet the requirements of this Part which is other than a variance from strict and literal performance which results only in unimportant omissions or defects given the particular circumstances involved.  (Sections 3-117(1) and 3-119(a)(1) of the Act)

 

2)         The licensee or applicant, or the person designated to manage or supervise the facility has been convicted of any of the following crimes during the previous five years.  Such convictions shall be verified by a certified copy of the record of the court of conviction.

 

A)        A felony.

 

B)        Two or more misdemeanors involving moral turpitude. (Sections 3-117(2) and 3-119(a)(2) of the Act)

 

3)         The moral character of the licensee, administrator, manager, or supervisor of the facility is not reputable. Evidence to be considered will include verifiable statements by residents of a facility, law enforcement officials, or other persons with knowledge of the individual's character.  In addition, the definition afforded to the terms "reputable," "unreputable," and "irreputable" by the circuit courts of the State of Illinois shall apply when appropriate to the given situation.  For purposes of this Section, a manager or supervisor of the facility is an individual with responsibility for the overall management, direction, coordination, or supervision of the facility or the facility staff.  (Sections 3-117(3) and 3-119(a)(3) of the Act)

 

4)         The facility is operating (or, for an initial applicant, intends to operate) with personnel which are insufficient in number or unqualified by training or experience to properly care for the number and type of residents in the facility.  Standards in these rules concerning personnel, including Sections 350.810, 350.820, 350.830, 350.1220, 350.1230 and 350.1240, will be considered in making this determination.  (Sections 3-117(2) and 3-119(a)(2) of the Act)

 

5)         The facility has available insufficient financial or other resources to operate the facility in accordance with these rules.  Financial information and changes in financial information provided by the facility under Section 350.120(f) and under Section 3-208 of the Act will be considered in making this determination.  (Sections 3-208 of the Act)

 

6)         The facility is not under the direct supervision of a full-time administrator as required by Section 350.510.  (Sections 3-117(6) and 3-119(a)(5) of the Act)

 

7)         The facility has violated the rights of residents of the facility by any of the following actions:

 

A)        A pervasive pattern of cruelty or indifference to residents has occurred in the facility.

 

B)        The facility has appropriated or converted for its use the property of a resident without his written consent or the consent of his legal guardian.

 

C)        The facility has secured property, or a bequest of property, from a resident by undue influence.

 

8)         The facility knowingly submitted false information either on the licensure or renewal application forms or during the course of an inspection or survey of the facility.

 

9)         The facility has refused to allow an inspection or survey of the facility by agents of the Department to occur.

 

c)         The Director or his designee shall consider all available evidence at the time of the determination, including the history of the facility and the applicant in complying with the Act and this Part, notices of violations which have been issued to the facility and the applicant, findings of surveys and inspections, and any other evidence provided by the facility, residents, law enforcement officials and other interested individuals.

 

(Source:  Amended at 13 Ill. Reg. 6040, effective April 17, 1989)