HB3035 EngrossedLRB101 08053 CPF 53115 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Nursing Home Care Act is amended by changing
5Section 3-305 as follows:
6    (210 ILCS 45/3-305)  (from Ch. 111 1/2, par. 4153-305)
7    Sec. 3-305. The license of a facility which is in violation
8of this Act or any rule adopted thereunder may be subject to
9the penalties or fines levied by the Department as specified in
10this Section.
11    (1) A licensee who commits a Type "AA" violation as defined
12in Section 1-128.5 is automatically issued a conditional
13license for a period of 6 months to coincide with an acceptable
14plan of correction and assessed a fine up to $25,000 per
16    (1.5) A licensee who commits a Type "A" violation as
17defined in Section 1-129 is automatically issued a conditional
18license for a period of 6 months to coincide with an acceptable
19plan of correction and assessed a fine of up to $12,500 per
21    (2) A licensee who commits a Type "B" violation as defined
22in Section 1-130 shall be assessed a fine of up to $1,100 per



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1    (2.5) A licensee who commits 10 or more Type "C"
2violations, as defined in Section 1-132, in a single survey
3shall be assessed a fine of up to $250 per violation. A
4licensee who commits one or more Type "C" violations with a
5high risk designation, as defined by rule, shall be assessed a
6fine of up to $500 per violation.
7    (3) A licensee who commits a Type "AA" or Type "A"
8violation as defined in Section 1-128.5 or 1-129 which
9continues beyond the time specified in paragraph (a) of Section
103-303 which is cited as a repeat violation shall have its
11license revoked and shall be assessed a fine of 3 times the
12fine computed per resident per day under subsection (1).
13    (4) A licensee who fails to satisfactorily comply with an
14accepted plan of correction for a Type "B" violation or an
15administrative warning issued pursuant to Sections 3-401
16through 3-413 or the rules promulgated thereunder shall be
17automatically issued a conditional license for a period of not
18less than 6 months. A second or subsequent acceptable plan of
19correction shall be filed. A fine shall be assessed in
20accordance with subsection (2) when cited for the repeat
21violation. This fine shall be computed for all days of the
22violation, including the duration of the first plan of
23correction compliance time.
24    (5) For the purpose of computing a penalty under
25subsections (2) through (4), the number of residents per day
26shall be based on the average number of residents in the



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1facility during the 30 days preceding the discovery of the
3    (6) When the Department finds that a provision of Article
4II has been violated with regard to a particular resident, the
5Department shall issue an order requiring the facility to
6reimburse the resident for injuries incurred, or $100,
7whichever is greater. In the case of a violation involving any
8action other than theft of money belonging to a resident,
9reimbursement shall be ordered only if a provision of Article
10II has been violated with regard to that or any other resident
11of the facility within the 2 years immediately preceding the
12violation in question.
13    (7) For purposes of assessing fines under this Section, a
14repeat violation shall be a violation which has been cited
15during one inspection of the facility for which an accepted
16plan of correction was not complied with or a new citation of
17the same rule if the licensee is not substantially addressing
18the issue routinely throughout the facility.
19    (7.5) If an occurrence results in more than one type of
20violation as defined in this Act (that is, a Type "AA", Type
21"A", Type "B", or Type "C" violation), the Department shall
22assess only one fine, which shall not exceed the maximum fine
23that may be assessed for the most serious type of violation
24charged. For purposes of the preceding sentence, a Type "AA"
25violation is the most serious type of violation that may be
26charged, followed by a Type "A", Type "B", or Type "C"



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1violation, in that order.
2    (8) The minimum and maximum fines that may be assessed
3pursuant to this Section shall be twice those otherwise
4specified for any facility that willfully makes a misstatement
5of fact to the Department, or willfully fails to make a
6required notification to the Department, if that misstatement
7or failure delays the start of a surveyor or impedes a survey.
8    (9) High risk designation. If the Department finds that a
9facility has violated a provision of the Illinois
10Administrative Code that has a high risk designation, or that a
11facility has violated the same provision of the Illinois
12Administrative Code 3 or more times in the previous 12 months,
13the Department may assess a fine of up to 2 times the maximum
14fine otherwise allowed.
15    (10) If a licensee has paid a civil monetary penalty
16imposed pursuant to the Medicare and Medicaid Certification
17Program for the equivalent federal violation giving rise to a
18fine under this Section, the Department shall offset the fine
19by the amount of the civil monetary penalty. The offset may not
20reduce the fine by more than 75% of the original fine, however.
21(Source: P.A. 98-104, eff. 7-22-13.)