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 350.286 DETERMINATION TO ASSESS PENALTIES
Section 350.286 Determination to Assess Penalties
a) The Director or his designee shall consider the following factors in determining whether or not to assess penalties for violations under the conditions outlined in Section 350.282.
1) The severity of harm, including death or serious physical or mental harm, which has resulted to a resident and the extent to which residents have been subject to potential serious harm. A penalty will be assessed when the Director or his designee finds that death or serious physical or mental harm to a resident has occurred or that the facility has knowingly subjected residents to potential serious harm.
2) The gravity of the violation and the extent to which the provisions of the act or this Part were violated. The director or his designee will assess a monetary penalty if he finds that the violation recurred or continued, is widespread throughout the facility or evidences flagrant violation or the Act or this Part.
3) The extent and seriousness of any previous violations committed by the facility and the extent of diligence exercised by the facility to correct such violations. The Director or his designee will assess a penalty when he finds that the facility has been cited for similar violations and has failed to correct such violations as promptly as practicable or has failed to exercise diligence in taking necessary corrective action. The Director or his designee will also consider any evidence that the violations constitute a pattern of deliberate action by the facility. The extent of any change in the ownership and management of the facility will be considered in relation to the seriousness of previous violations.
4) Any possible financial benefit the facility could gain as a result of committing or continuing the violation. Such benefits include, but are not limited to, diversion of costs associated with physical plant repairs, staff salaries, consultant fees, or direct patient care services. (Section 3-306 of the Act)
b) If the Director or his designee determines that a penalty is to be assessed, a written notice of penalty assessment shall be sent to the facility. Each notice of penalty assessment shall include:
1) The amount of the penalty being assessed as provided in Section 350.282.
2) The amount of any reduction or whether the penalty has been waived pursuant to Section 350.288.
3) A description of the violation, including a reference to the notices of violation and plans of correction which are the basis of the assessment.
4) A citation to the provision of the Act or the rule which the facility has violated.
5) A description of the right of the facility to appeal the assessment and of the right of the facility to a hearing.
6) For violations which are continuing at the time the notice of assessment, the amount of additional penalties per day which will be assessed. (Section 3-307 of the Act)
c) Penalties shall be paid by facility to the Department within the time periods provided in Section 3-310 of the Act.
(Source: Amended at 13 Ill. Reg. 6040, effective April 17, 1989)