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91_HB0642
LRB9103845ACtm
1 AN ACT to amend the Nursing Home Care Act by changing
2 Section 3-305.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Nursing Home Care Act is amended by
6 changing Section 3-305 as follows:
7 (210 ILCS 45/3-305) (from Ch. 111 1/2, par. 4153-305)
8 Sec. 3-305. Penalties or fines. The license of a facility
9 which is in violation of this Act or any rule adopted
10 thereunder may be subject to the penalties or fines levied by
11 the Department as specified in this Section.
12 (1) Unless a greater penalty or fine is allowed under
13 subsection (3), a licensee who commits a Type "A" violation
14 as defined in Section 1-129 is automatically issued a
15 conditional license for a period of 6 months to coincide with
16 an acceptable plan of correction and assessed a fine computed
17 at a rate of $5.00 per resident in the facility plus 20 cents
18 per resident for each day of the violation, commencing on the
19 date a notice of the violation is served under Section 3-301
20 and ending on the date the violation is corrected, or a fine
21 of not less than $5,000, or when death, serious mental or
22 physical harm, permanent disability, or disfigurement
23 results, a fine of not less than $10,000, whichever is
24 greater.
25 (2) A licensee who commits a Type "B" violation or who
26 is issued an administrative warning for a violation of
27 Sections 3-401 through 3-413 or the rules promulgated
28 thereunder is subject to a penalty computed at a rate of $3
29 per resident in the facility, plus 15 cents per resident for
30 each day of the violation, commencing on the date a notice of
31 the violation is served under Section 3-301 and ending on the
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1 date the violation is corrected, or a fine not less than
2 $500, whichever is greater. Such fine shall be assessed on
3 the date of notice of the violation and shall be suspended
4 for violations that continue after such date upon completion
5 of a plan of correction in accordance with Section 3-308 in
6 relation to the assessment of fines and correction. Failure
7 to correct such violation within the time period approved
8 under a plan of correction shall result in a fine and
9 conditional license as provided under subsection (5).
10 (3) A licensee who commits a Type "A" violation as
11 defined in Section 1-129 which continues beyond the time
12 specified in paragraph (a) of Section 3-303 which is cited as
13 a repeat violation shall have its license revoked and shall
14 be assessed a fine of 3 times the fine computed per resident
15 per day under subsection (1).
16 (4) A licensee who fails to satisfactorily comply with
17 an accepted plan of correction for a Type "B" violation or an
18 administrative warning issued pursuant to Sections 3-401
19 through 3-413 or the rules promulgated thereunder shall be
20 automatically issued a conditional license for a period of
21 not less than 6 months. A second or subsequent acceptable
22 plan of correction shall be filed. A fine shall be assessed
23 in accordance with subsection (2) when cited for the repeat
24 violation. This fine shall be computed for all days of the
25 violation, including the duration of the first plan of
26 correction compliance time.
27 (5) For the purpose of computing a penalty under
28 subsections (2) through (4), the number of residents per day
29 shall be based on the average number of residents in the
30 facility during the 30 days preceding the discovery of the
31 violation.
32 (6) When the Department finds that a provision of
33 Article II has been violated with regard to a particular
34 resident, the Department shall issue an order requiring the
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1 facility to reimburse the resident for injuries incurred, or
2 $100, whichever is greater. In the case of a violation
3 involving any action other than theft of money belonging to a
4 resident, reimbursement shall be ordered only if a provision
5 of Article II has been violated with regard to that or any
6 other resident of the facility within the 2 years immediately
7 preceding the violation in question.
8 (7) For purposes of assessing fines under this Section,
9 a repeat violation shall be a violation which has been cited
10 during one inspection of the facility for which an accepted
11 plan of correction was not complied with. A repeat violation
12 shall not be a new citation of the same rule, unless the
13 licensee is not substantially addressing the issue routinely
14 throughout the facility.
15 (Source: P.A. 86-407; 87-549; 87-1056.)