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 350.282 CONDITIONS FOR ASSESSMENT OF PENALTIES


 

Section 350.282  Conditions for Assessment of Penalties

 

The Department shall consider the assessment of a monetary penalty against a facility under the following conditions:

 

a)         When a notice of violation for a level A violation is issued.

 

1)         The penalty to be assessed for this violation shall be the greater of the following:

 

A)        An amount not less than $5000 as determined by the Director or his designee considering the factors outlined in Section 350.286(a), or

 

B)        The total of the following:

 

i)          $5 per resident in the facility, plus

 

ii)         $.20 per resident for each day of the violation, commencing on the day on which the notice of violation is served under Section 3-301 of the Act and ending on the date the violation is corrected, or

 

C)        When death, serious mental or physical harm, permanent disability, or disfigurement results, a fine of not less than $10,000 as determined by the Director or his designee considering the factors outlined in Section 350.286(a).  (Section 3-305(1) of the Act)

 

2)         The facility shall also be issued a conditional license for a period of six months as provided in Section 350.260.

 

b)         When a facility fails to abate or eliminate a level A violation immediately or within the period set by the Department in the notice of violation pursuant to Section 350.276(a)(4)(A).

 

1)         The facility shall be cited for a repeat violation.

 

2)         The penalty to be assessed shall be three times the penalty computed under subsection (a)(1) of this Section.

 

3)         The license of the facility shall be revoked as provided in Section 350.180.

 

c)         When a notice of violation for a level B violation is issued.

 

1)         The penalty to be assess for this violation shall be the greater of the following:

 

A)        An amount not less than $500 as determined by the Director or is designee considering the factors outlined in Section 350.286(a), or

 

B)        The total of the following:

 

i)          $3 per resident in the facility, plus

 

ii)         $.15 per resident for each day of the violation, commencing on the date a notice of violation is served under Section 3-301 of the Act and ending on the date the violation is corrected. (Section 3-305(2) of the Act)

 

2)         Upon acceptance of a plan of correction by the Department, assessment of the penalty shall be suspended by the Department.  No additional penalty shall be imposed for days during which the plan of correction is in effect.

 

d)         When a facility fails to correct a level B violation within the time period specified in the plan of correction approved by the Department.

 

1)         The facility shall be cited for a repeat violation.

 

2)         The penalty to be assessed shall be computed in accordance with subsection (c)(1) of this Section.  Days during which the plan of correction was in effect shall be included in the calculation of the penalty.

 

3)         The facility shall also be issued a conditional license for a period of at least six months as provided in Section 350.260.

 

e)         When a notice of violation is issued for a violation of Article II of the Act with regard to the rights of a particular resident of the facility, the Department shall order the facility to reimburse the residents for any injuries incurred or if the amount of the injuries is less than $100, the Department shall order the facility to pay $100 to the resident. (Section 3-305(7) of the Act)

 

(Source:  Amended at 18 Ill. Reg. 1432, effective January 14, 1994)