reglab/housing_qa huggingface dataset:
210 ILCS 47/3-303
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 47/ - ID/DD Community Care Act.|Article III - Licensing, Enforcement, Violations, Penalties and Remedies

Sec. 3-303. Correction of violations; hearing.(a) The situation, condition or practice constituting a Type "AA" violation or a Type "A" violation shall be abated or eliminated immediately unless a fixed period of time, not exceeding 15 days, as determined by the Department and specified in the notice of violation, is required for correction.(b) At the time of issuance of a notice of a Type "B" violation, the Department shall request a plan of correction which is subject to the Department's approval. The facility shall have 10 days after receipt of notice of violation in which to prepare and submit a plan of correction. The Department may extend this period up to 30 days where correction involves substantial capital improvement. The plan shall include a fixed time period not in excess of 90 days within which violations are to be corrected. If the Department rejects a plan of correction, it shall send notice of the rejection and the reason for the rejection to the facility. The facility shall have 10 days after receipt of the notice of rejection in which to submit a modified plan. If the modified plan is not timely submitted, or if the modified plan is rejected, the facility shall follow an approved plan of correction imposed by the Department.(c) If the violation has been corrected prior to submission and approval of a plan of correction, the facility may submit a report of correction in place of a plan of correction. Such report shall be signed by the administrator under oath.(d) Upon a licensee's petition, the Department shall determine whether to grant a licensee's request for an extended correction time. Such petition shall be served on the Department prior to expiration of the correction time originally approved. The burden of proof is on the petitioning facility to show good cause for not being able to comply with the original correction time approved.(e) If a facility desires to contest any Department action under this Section it shall send a written request for a hearing under Section 3-703 to the Department within 10 days of receipt of notice of the contested action. The Department shall commence the hearing as provided under Section 3-703. Whenever possible, all action of the Department under this Section arising out of a violation shall be contested and determined at a single hearing. Issues decided after a hearing may not be reheard at subsequent hearings under this Section.    (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)
210 ILCS 47/3-303.1
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 47/ - ID/DD Community Care Act.|Article III - Licensing, Enforcement, Violations, Penalties and Remedies

Sec. 3-303.1. Waiver of facility's compliance with rule or standard. Upon application by a facility, the Director may grant or renew the waiver of the facility's compliance with a rule or standard for a period not to exceed the duration of the current license or, in the case of an application for license renewal, the duration of the renewal period. The waiver may be conditioned upon the facility taking action prescribed by the Director as a measure equivalent to compliance. In determining whether to grant or renew a waiver, the Director shall consider the duration and basis for any current waiver with respect to the same rule or standard and the validity and effect upon patient health and safety of extending it on the same basis, the effect upon the health and safety of residents, the quality of resident care, the facility's history of compliance with the rules and standards of this Act and the facility's attempts to comply with the particular rule or standard in question. The Department may provide, by rule, for the automatic renewal of waivers concerning physical plant requirements upon the renewal of a license. The Department shall renew waivers relating to physical plant standards issued pursuant to this Section at the time of the indicated reviews, unless it can show why such waivers should not be extended for the following reasons:(a) the condition of the physical plant has deteriorated or its use substantially changed so that the basis upon which the waiver was issued is materially different; or(b) the facility is renovated or substantially remodeled in such a way as to permit compliance with the applicable rules and standards without substantial increase in cost.      A copy of each waiver application and each waiver granted or renewed shall be on file with the Department and available for public inspection. The Director shall annually review such file and recommend to the DD Facility Advisory Board established under Section 2-204 of this Act any modification in rules or standards suggested by the number and nature of waivers requested and granted and the difficulties faced in compliance by similarly situated facilities.    (Source: P.A. 96-339, eff. 7-1-10; 96-1146, eff. 7-21-10.)
210 ILCS 47/3-303.2
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 47/ - ID/DD Community Care Act.|Article III - Licensing, Enforcement, Violations, Penalties and Remedies

Sec. 3-303.2. Administrative warning.(a) If the Department finds a situation, condition or practice which violates this Act or any rule promulgated thereunder which does not constitute a Type "AA", Type "A", Type "B", or Type "C" violation, the Department shall issue an administrative warning. Any administrative warning shall be served upon the facility in the same manner as the notice of violation under Section 3-301. The facility shall be responsible for correcting the situation, condition or practice; however, no written plan of correction need be submitted for an administrative warning, except for violations of Sections 3-401 through 3-413 or the rules promulgated thereunder. A written plan of correction is required to be filed for an administrative warning issued for violations of Sections 3-401 through 3-413 or the rules promulgated thereunder.(b) If, however, the situation, condition or practice which resulted in the issuance of an administrative warning, with the exception of administrative warnings issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder, is not corrected by the next on site inspection by the Department which occurs no earlier than 90 days from the issuance of the administrative warning, a written plan of correction must be submitted in the same manner as provided in subsection (b) of Section 3-303.    (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)
210 ILCS 47/3-304
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 47/ - ID/DD Community Care Act.|Article III - Licensing, Enforcement, Violations, Penalties and Remedies

Sec. 3-304. Quarterly list of facilities against which Department has taken action.(a) The Department shall prepare on a quarterly basis a list containing the names and addresses of all facilities against which the Department during the previous quarter has:(1) sent a notice under Section 3-307 regarding a         penalty assessment under subsection (1) of Section 3-305;(2) sent a notice of license revocation under Section         3-119;(3) sent a notice refusing renewal of a license under         Section 3-119;(4) sent a notice to suspend a license under Section         3-119;(5) issued a conditional license for violations that         have not been corrected under Section 3-303 or penalties or fines described under Section 3-305 have been assessed under Section 3-307 or 3-308;(6) placed a monitor under subsections (a), (b) and         (c) of Section 3-501 and under subsection (d) of such Section where license revocation or nonrenewal notices have also been issued;(7) initiated an action to appoint a receiver;(8) recommended to the Director of Healthcare and     Family Services, or the Secretary of the United States Department of Health and Human Services, the decertification for violations in relation to patient care of a facility pursuant to Titles XVIII and XIX of the federal Social Security Act.(b) In addition to the name and address of the facility,      the list shall include the name and address of the person or licensee against whom the action has been initiated, a self explanatory summary of the facts which warranted the initiation of each action, the type of action initiated, the date of the initiation of the action, the amount of the penalty sought to be assessed, if any, and the final disposition of the action, if completed.(c) The list shall be available to any member of the public upon oral or written request without charge.  (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/3-304.1
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 47/ - ID/DD Community Care Act.|Article III - Licensing, Enforcement, Violations, Penalties and Remedies

Sec. 3-304.1. Public computer access to information.(a) The Department must make information regarding nursing homes in the State available to the public in electronic form on the World Wide Web, including all of the following information:(1) who regulates facilities licensed under this Act;(2) information in the possession of the Department         that is listed in Sections 3-210 and 3-304;(3) deficiencies and plans of correction;(4) enforcement remedies;(5) penalty letters;(6) designation of penalty monies;(7) the U.S. Department of Health and Human         Services' Health Care Financing Administration special projects or federally required inspections;(8) advisory standards;(9) deficiency free surveys;(10) enforcement actions and enforcement summaries;     and(11) distressed facilities.(b) No fee or other charge may be imposed by the Department as a condition of accessing the information.(c) The electronic public access provided through the World Wide Web shall be in addition to any other electronic or print distribution of the information.(d) The information shall be made available as provided in this Section in the shortest practicable time after it is publicly available in any other form.    (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)
210 ILCS 47/3-304.2
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 47/ - ID/DD Community Care Act.|Article III - Licensing, Enforcement, Violations, Penalties and Remedies

Sec. 3-304.2. Designation of distressed facilities.(a) The Department shall, by rule, adopt criteria to identify facilities that are distressed and shall publish this list quarterly.  No facility shall be identified as a distressed facility unless it has committed violations or deficiencies that have actually harmed residents.(b) The Department shall notify each facility and licensee of its  distressed designation and of the calculation on which it is  based.(c) A distressed facility may contract with an independent  consultant meeting criteria established by the Department. If  the distressed facility does not seek the assistance of an  independent consultant, then the Department shall place a monitor or  a temporary manager in the facility, depending on the  Department's assessment of the condition of the facility.(d) A facility that has been  designated a distressed facility may contract with an  independent consultant to develop and assist in the  implementation of a plan of improvement to bring and keep the  facility in compliance with this Act and, if applicable, with  federal certification requirements. A facility that contracts  with an independent consultant shall have 90 days to develop a  plan of improvement and demonstrate a good faith effort at  implementation, and another 90 days to achieve compliance and  take whatever additional actions are called for in the  improvement plan to maintain compliance in this subsection (d). "Independent"  consultant means an individual who has no professional or  financial relationship with the facility, any person with a  reportable ownership interest in the facility, or any related  parties. In this subsection (d), "related parties" has the meaning  attributed to it in the instructions for completing Medicaid  cost reports.(e) A distressed facility  that does not contract with a consultant shall be assigned a  monitor or a temporary manager at the Department's discretion.  The cost of the temporary manager shall be paid by the Department. The authority afforded the temporary manager shall be determined through rulemaking.If a distressed facility that contracts with an   independent consultant but does not, in a timely manner,  develop an adequate plan of improvement  or comply with   the plan of improvement, then the Department may place a monitor in the facility.Nothing in this Section shall limit the authority  of the Department to place a monitor in a distressed facility if otherwise justified  by law.(f) The Department shall by rule establish a mentor program for owners of distressed facilities.  That a mentor program does not exist, or that a mentor is not available to  assist a distressed facility, shall not delay or prevent the imposition of any penalties on  a distressed facility, authorized by this Act.  (Source: P.A. 97-38, eff. 6-28-11.)
210 ILCS 47/3-306
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 47/ - ID/DD Community Care Act.|Article III - Licensing, Enforcement, Violations, Penalties and Remedies

Sec. 3-306. Factors to be considered in determining penalty. In determining whether a penalty is to be imposed and in determining the amount of the penalty to be imposed, if any, for a violation, the Director shall consider the following factors:(1) The gravity of the violation, including the     probability that death or serious physical or mental harm to a resident will result or has resulted; the severity of the actual or potential harm, and the extent to which the provisions of the applicable statutes or regulations were violated;(2) The reasonable diligence exercised by the     licensee and efforts to correct violations;(3) Any previous violations committed by the     licensee; and(4) The financial benefit to the facility of     committing or continuing the violation.  (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)
210 ILCS 47/3-307
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 47/ - ID/DD Community Care Act.|Article III - Licensing, Enforcement, Violations, Penalties and Remedies

Sec. 3-307. Assessment of penalties; notice. The Director may directly assess penalties provided for under Section 3-305 of this Act. If the Director determines that a penalty should be assessed for a particular violation or for failure to correct it, the Director  shall send a notice to the facility. The notice shall specify the amount of the penalty assessed, the violation, the statute or rule alleged to have been violated, and shall inform the licensee of the right to hearing under Section 3-703 of this Act. If the violation is continuing, the notice shall specify the amount of additional assessment per day for the continuing violation.   (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/3-309
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 47/ - ID/DD Community Care Act.|Article III - Licensing, Enforcement, Violations, Penalties and Remedies

Sec. 3-309. Contesting assessment of penalty. A facility may contest an assessment of a penalty by sending a written request to the Department for hearing under Section 3-703. Upon receipt of the request the Department shall hold a hearing as provided under Section 3-703. Instead of requesting a hearing pursuant to Section 3-703, a facility may, within 10 business days after receipt of the notice of violation and fine assessment, transmit to the Department 65% of the amount assessed for each violation specified in the penalty assessment.   (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)
210 ILCS 47/3-310
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 47/ - ID/DD Community Care Act.|Article III - Licensing, Enforcement, Violations, Penalties and Remedies

Sec. 3-310. Collection of penalties.    All penalties shall be paid to the Department within 10 days of receipt of notice of assessment or, if the penalty is contested under Section 3-309, within 10 days of receipt of the final decision, unless the decision is appealed and the order is stayed by court order under Section 3-713. A facility choosing to waive the right to a hearing under Section 3-309 shall submit a payment totaling 65% of the original fine amount along with the written waiver. A penalty assessed under this Act shall be collected by the Department and shall be deposited with the State Treasurer into the Long Term Care Monitor/Receiver Fund. If the person or facility against whom a penalty has been assessed does not comply with a written demand for payment within 30 days, the Director shall issue an order to do any of the following:(1) Direct the State Treasurer or Comptroller to     deduct the amount     of the fine from amounts otherwise due from the State for the penalty, including any payments to be made from the Care Provider Fund for Persons with a Developmental Disability established under Section 5C-7 of the Illinois Public Aid Code, and remit that amount to the Department;(2) Add the amount of the penalty to the facility's         licensing fee; if the licensee refuses to make the payment at the time of application for renewal of its license, the license shall not be renewed; or(3) Bring an action in circuit court to recover the         amount of the penalty. (Source: P.A. 97-38, eff. 6-28-11; 97-333, eff. 8-12-11; 97-813, eff. 7-13-12; 98-463, eff. 8-16-13.)
210 ILCS 47/3-311
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 47/ - ID/DD Community Care Act.|Article III - Licensing, Enforcement, Violations, Penalties and Remedies

Sec. 3-311. Issuance of conditional license in addition to penalties. In addition to the right to assess penalties under this Act, the Director may issue a conditional license under Section 3-305 to any facility if the Director finds that either a Type "A" or Type "B" violation exists in such facility. The issuance of a conditional license shall revoke any license held by the facility.   (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/3-312
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 47/ - ID/DD Community Care Act.|Article III - Licensing, Enforcement, Violations, Penalties and Remedies

Sec. 3-312. Plan of correction required before issuance of conditional license. Prior to the issuance of a conditional license, the Department shall review and approve a written plan of correction. The Department shall specify the violations which prevent full licensure and shall establish a time schedule for correction of the deficiencies. Retention of the license shall be conditional on the timely correction of the deficiencies in accordance with the plan of correction.  (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/3-313
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 47/ - ID/DD Community Care Act.|Article III - Licensing, Enforcement, Violations, Penalties and Remedies

Sec. 3-313. Notice of issuance of conditional license. Written notice of the decision to issue a conditional license shall be sent to the applicant or licensee together with the specification of all violations of this Act and the rules promulgated thereunder which prevent full licensure and which form the basis for the Department's decision to issue a conditional license and the required plan of correction. The notice shall inform the applicant or licensee of its right to a full hearing under Section 3-315 to contest the issuance of the conditional license.   (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/3-315
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 47/ - ID/DD Community Care Act.|Article III - Licensing, Enforcement, Violations, Penalties and Remedies

Sec. 3-315. Hearing on conditional license or plan of correction. If the applicant or licensee desires to contest the basis for issuance of a conditional license, or the terms of the plan of correction, the applicant or licensee shall send a written request for hearing to the Department within 10 days after receipt by the applicant or licensee of the Department's notice and decision to issue a conditional license. The Department shall hold the hearing as provided under Section 3-703.  (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/3-316
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 47/ - ID/DD Community Care Act.|Article III - Licensing, Enforcement, Violations, Penalties and Remedies

Sec. 3-316. Period of conditional license. A conditional license shall be issued for a period specified by the Department, but in no event for more than one year. The Department shall periodically inspect any facility operating under a conditional license. If the Department finds substantial failure by the facility to timely correct the violations which prevented full licensure and formed the basis for the Department's decision to issue a conditional license in accordance with the required plan of correction, the conditional license may be revoked as provided under Section 3-119.  (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/3-318
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 47/ - ID/DD Community Care Act.|Article III - Licensing, Enforcement, Violations, Penalties and Remedies

Sec. 3-318. Business offenses.(a) No person shall:(1) Intentionally fail to correct or interfere with     the correction of a Type "AA", Type "A", or Type "B" violation within the time specified on the notice or approved plan of correction under this Act as the maximum period given for correction, unless an extension is granted and the corrections are made before expiration of extension;(2) Intentionally prevent, interfere with, or attempt     to impede in any way any duly authorized investigation and enforcement of this Act;(3) Intentionally prevent or attempt to prevent any     examination of any relevant books or records pertinent to investigations and enforcement of this Act;(4) Intentionally prevent or interfere with the     preservation of evidence pertaining to any violation of this Act or the rules promulgated under this Act;(5) Intentionally retaliate or discriminate against     any resident or employee for contacting or providing information to any state official, or for initiating, participating in, or testifying in an action for any remedy authorized under this Act;(6) Willfully file any false, incomplete or     intentionally misleading information required to be filed under this Act, or willfully fail or refuse to file any required information;(7) Open or operate a facility without a license;(8) Intentionally retaliate or discriminate against     any resident for consenting to authorized electronic monitoring under the Authorized Electronic Monitoring in Long-Term Care Facilities Act; or(9) Prevent the installation or use of an electronic     monitoring device by a resident who has provided the facility with notice and consent as required in Section 20 of the Authorized Electronic Monitoring in Long-Term Care Facilities Act.(b) A violation of this Section is a business offense, punishable by a fine not to exceed $10,000, except as otherwise provided in subsection (2) of Section 3-103 as to submission of false or misleading information in a license application.(c) The State's Attorney of the county in which the facility is located, or the Attorney General, shall be notified by the Director of any violations of this Section.    (Source: P.A. 99-430, eff. 1-1-16.)