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 350.278 PLANS OF CORRECTION
Section 350.278 Plans of Correction
a) A facility shall have ten days after receipt of notice of violation for a Type B violation, or after receipt of a notice under Section 350.277(d) of failure to correct a situation, condition, or practice which resulted in the issuance of an administrative warning, to prepare and submit a plan of correction to the Department. (Section 3-303(b) of the Act)
b) Within the 10-day period, a facility may request additional time for submission of the plan of correction. The Department will extend the period for submission of the plan of correction for an additional 30 days, when it finds that corrective action by a facility to abate or eliminate the violation will require substantial capital improvement. The Department will consider the extent and complexity of necessary physical plant repairs and improvements and any impact on the health, safety, or welfare of the residents of the facility in determining whether to grant a requested extension. (Section 3-303(b) of the Act)
c) Each plan of correction shall be based on an assessment by the facility of the conditions or occurrences which are the basis of the violation and an evaluation of the practices, policies, and procedures which have caused or contributed to the conditions or occurrences. Evidence of such assessment and evaluation shall be maintained by the facility. Each plan of correction shall include:
1) A description of the specific corrective action the facility is taking, or plans to take, to abate, eliminate, or correct the violation cited in the notice.
2) A description of the steps which will be taken to avoid future occurrences of the same and similar violations.
3) A specific date by which the corrective action will be completed.
d) Submission of a plan of correction shall not be considered an admission by the facility that the violation has occurred.
e) The Department shall review each plan of correction to insure that it provides for the abatement, elimination, or correction of the violation. The Department shall reject a submitted plan only if it finds any of the following deficiencies:
1) The plan does not appear to address the conditions or occurrences which are the basis of the violation and an evaluation of the practices, policies, and procedures which have caused or contributed to the conditions or occurrences.
2) The plan is not specific enough to indicate the actual actions the facility will be taking to abate, eliminate, or correct the violation.
3) The plan does not provide for measures which will abate or eliminate, or correct the violation.
4) The plan does not provide steps which will avoid future occurrences of the same and similar violations.
5) The plan does not provide for timely completion of the corrective action, considering the seriousness of the violation, any possible harm to the residents, and the extent and complexity of the corrective action.
f) When the Department rejects a submitted plan of correction, it shall notify the facility. The notice of rejection shall be in writing and shall specify the reason for the rejection. The facility shall have ten days after receipt of the notice of rejection in which to submit a modified plan. (Section 3-303(b) of the Act)
g) If a facility fails to submit a plan or modified plan meeting the criteria in subsection (c) of this Section within the prescribed time periods in subsection (a) or (b) of this Section, or anytime the Department issues a Type A or repeat B violation, an approved plan of correction will be imposed by the Department.
h) The Department shall verify the completion of the corrective action required by the plan of correction within the specified time period during subsequent investigations, surveys and evaluations of the facility.
(Source: Amended at 17 Ill. Reg. 15056, effective September 3, 1993)