reglab/housing_qa huggingface dataset:
210 ILCS 46/3-304.2
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD 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. 99-180, eff. 7-29-15.)
210 ILCS 46/3-306
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD 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. 99-180, eff. 7-29-15.)
210 ILCS 46/3-307
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD 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. 99-180, eff. 7-29-15.)
210 ILCS 46/3-309
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD 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. 99-180, eff. 7-29-15.)
210 ILCS 46/3-310
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD 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. 99-180, eff. 7-29-15.)
210 ILCS 46/3-311
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD 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. 99-180, eff. 7-29-15.)
210 ILCS 46/3-312
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD 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. 99-180, eff. 7-29-15.)
210 ILCS 46/3-313
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD 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. 99-180, eff. 7-29-15.)
210 ILCS 46/3-315
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD 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. 99-180, eff. 7-29-15.)
210 ILCS 46/3-316
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD 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. 99-180, eff. 7-29-15.)
210 ILCS 46/3-318
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD 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. 99-180, eff. 7-29-15; 99-784, eff. 1-1-17; 100-201, eff. 8-18-17.)
210 ILCS 46/3-320
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-320. Review under Administrative Review Law. All final administrative decisions of the Department under this Act are subject to judicial review under the Administrative Review Law, as now or hereafter amended, and the rules adopted pursuant thereto. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.     (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/Art. III Pt. 4 heading
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

           PART 4.  DISCHARGE AND TRANSFER    (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-401
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-401. Involuntary transfer or discharge of resident.    A facility may involuntarily transfer or discharge a resident only for one or more of the following reasons:(a) for medical reasons;(b) for the resident's physical safety;(c) for the physical safety of other residents, the      facility staff or facility visitors; or(d) for either late payment or nonpayment for the      resident's stay, except as prohibited by Titles XVIII and XIX of the federal Social Security Act. For purposes of this Section, "late payment" means non-receipt of payment after submission of a bill. If payment is not received within 45 days after submission of a bill, a facility may send a notice to the resident and responsible party requesting payment within 30 days. If payment is not received within such 30 days, the facility may thereupon institute transfer or discharge proceedings by sending a notice of transfer or discharge to the resident and responsible party by registered or certified mail. The notice shall state, in addition to the requirements of Section 3-403 of this Act, that the responsible party has the right to pay the amount of the bill in full up to the date the transfer or discharge is to be made and then the resident shall have the right to remain in the facility. Such payment shall terminate the transfer or discharge proceedings. This subsection does not apply to those residents whose care is provided for under the Illinois Public Aid Code. The Department shall adopt rules setting forth the criteria and procedures to be applied in cases of involuntary transfer or discharge permitted under this Section.(Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-401.1
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-401.1. Medical assistance recipients.(a) A facility participating in the Medical Assistance Program is prohibited from failing or refusing to retain as a resident any person because he or she is a recipient of or an applicant for the Medical Assistance Program under Article V of the Illinois Public Aid Code.(a-5) A facility of which only a distinct part is certified to participate in the Medical Assistance Program may refuse to retain as a resident any person who resides in a part of the facility that does not participate in the Medical Assistance Program and who is unable to pay for his or her care in the facility without Medical Assistance only if:(1) the facility, no later than at the time of         admission and at the time of the resident's contract renewal, explains to the resident (unless he or she is incompetent), and to the resident's representative, and to the person making payment on behalf of the resident for the resident's stay, in writing, that the facility may discharge the resident if the resident is no longer able to pay for his or her care in the facility without Medical Assistance; and(2) the resident (unless he or she is incompetent),         the resident's representative, and the person making payment on behalf of the resident for the resident's stay, acknowledge in writing that they have received the written explanation.(a-10) For the purposes of this Section, a recipient or applicant shall be considered a resident in the facility during any hospital stay totaling 10 days or less following a hospital admission. The Department of Healthcare and Family Services shall recoup funds from a facility when, as a result of the facility's refusal to readmit a recipient after hospitalization for 10 days or less, the recipient incurs hospital bills in an amount greater than the amount that would have been paid by that Department for care of the recipient in the facility. The amount of the recoupment shall be the difference between the Department of Healthcare and Family Services' payment for hospital care and the amount that Department would have paid for care in the facility.(b) A facility which violates this Section shall be guilty of a business offense and fined not less than $500 nor more than $1,000 for the first offense and not less than $1,000 nor more than $5,000 for each subsequent offense.    (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-402
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-402. Notice of involuntary transfer or discharge. Involuntary transfer or discharge of a resident from a facility shall be preceded by the discussion required under Section 3-408 and by a minimum written notice of 21 days, except in one of the following instances:(a) When an emergency transfer or discharge is ordered by the resident's attending physician because of the resident's health care needs.(b) When the transfer or discharge is mandated by the physical safety of other residents, the facility staff, or facility visitors, as documented in the clinical record. The Department shall be notified prior to any such involuntary transfer or discharge. The Department shall immediately offer transfer, or discharge and relocation assistance to residents transferred or discharged under this subparagraph (b), and the Department may place relocation teams as provided in Section 3-419 of this Act.      (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-403
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-403. Contents of notice; right to hearing. The notice required by Section 3-402 shall be on a form prescribed by the Department and shall contain all of the following:(a) The stated reason for the proposed transfer or discharge;(b) The effective date of the proposed transfer or discharge;(c) A statement in not less than 12 point type, which reads: "You have a right to appeal the facility's decision to transfer or discharge you. If you think you should not have to leave this facility, you may file a request for a hearing with the Department of Public Health within 10 days after receiving this notice. If you request a hearing, it will be held not later than 10 days after your request, and you generally will not be transferred or discharged during that time. If the decision following the hearing is not in your favor, you generally will not be transferred or discharged prior to the expiration of 30 days following receipt of the original notice of the transfer or discharge. A form to appeal the facility's decision and to request a hearing is attached. If you have any questions, call the Department of Public Health at the telephone number listed below.";(d) A hearing request form, together with a postage paid, preaddressed envelope to the Department; and(e) The name, address, and telephone number of the person charged with the responsibility of supervising the transfer or discharge.      (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-404
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-404. Request for hearing; effect on transfer. A request for a hearing made under Section 3-403 shall stay a transfer pending a hearing or appeal of the decision, unless a condition which would have allowed transfer or discharge in less than 21 days as described under paragraphs (a) and (b) of Section 3-402 develops in the interim.     (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-405
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-405. Copy of notice in resident's record; copy to Department. A copy of the notice required by Section 3-402 shall be placed in the resident's clinical record and a copy shall be transmitted to the Department, the resident, and the resident's representative.    (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-406
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-406. Medical assistance recipient; transfer or discharge as result of action by Department of Healthcare and Family Services. When the basis for an involuntary transfer or discharge is the result of an action by the Department of Healthcare and Family Services  with respect to a recipient of assistance under Title XIX of the Social Security Act and a hearing request is filed with the Department of Healthcare and Family Services, the 21-day written notice period shall not begin until a final decision in the matter is rendered by the Department of Healthcare and Family Services or a court of competent jurisdiction and notice of that final decision is received by the resident and the facility.     (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-407
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

Sec. 3-407. Nonpayment as basis for transfer or discharge. When nonpayment is the basis for involuntary transfer or discharge, the resident shall have the right to redeem up to the date that the discharge or transfer is to be made and then shall have the right to remain in the facility.     (Source: P.A. 99-180, eff. 7-29-15.)