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 350.284 CALCULATION OF PENALTIES


 

Section 350.284  Calculation of Penalties

 

a)         For the purpose of calculating penalties as provided in Section 350.282, each day on which a violation continues to exist after the day on which notice of the violation is received by the facility shall be considered a separate violation.  The Department shall not be required to send additional notices of violation to the facility for such continuing violations.  (Section 3-302 of the Act)

 

b)         For purposes of calculating penalties as provided in Section 350.282, the number of residents in the facility and the number of residents on each day shall be calculated as the average number of residents in the facility during the 30 days immediately preceeding the day on which the findings were made in the facility and the conditions or occurrences determined to be a violation were discovered.  The number of residents in the facility on the day on which the findings were made in the facility will be considered to be the same as the average number of residents in the facility during the preceeding 30 days, unless evidence is provided by the facility substantiating that the average number of residents for that period was different.  Changes in the number of residents in the facility subsequent to the day on which the findings were made shall not be considered in the calculation.  (Section 3-305(5) of the Act)

 

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