210 ILCS 47/3-308
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. 3-308. Time of assessment; plan of correction. In the case of a Type "AA" or Type "A" violation, a penalty may be assessed from the date on which the violation is discovered. In the case of a Type "B" or Type "C" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder, the facility shall submit a plan of correction as provided in Section 3-303.      In the case of a Type "B" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder, a penalty shall be assessed on the date of notice of the violation, but the Director may reduce the amount or waive such payment for any of the following reasons:(a) The facility submits a true report of correction      within 10 days;(b) The facility submits a plan of correction within      10 days and subsequently submits a true report of correction within 15 days thereafter;(c) The facility submits a plan of correction within      10 days which provides for a correction time that is less than or equal to 30 days and the Department approves such plan; or(d) The facility submits a plan of correction for      violations involving substantial capital improvements which provides for correction within the initial 90 day limit provided under Section 3-303.        The Director shall consider the following factors in determinations to reduce or waive such penalties:(1) The violation has not caused actual harm to a         resident;(2) The facility has made a diligent effort to         correct the violation and to prevent its recurrence;(3) The facility has no record of a pervasive         pattern of the same or similar violations; and(4) The facility has a record of substantial         compliance with this Act and the regulations promulgated hereunder.If a plan of correction is approved and carried out for a Type "C" violation, the fine provided under Section 3-305 shall be suspended for the time period specified in the approved plan of correction. If a plan of correction is approved and carried out for a Type "B" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder, with respect to a violation that continues after the date of notice of violation, the fine provided under Section 3-305 shall be suspended for the time period specified in the approved plan of correction.If a good faith plan of correction is not received within the time provided by Section 3-303, a penalty may be assessed from the date of the notice of the Type "B" or "C" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder served under Section 3-301 until the date of the receipt of a good faith plan of correction, or until the date the violation is corrected, whichever is earlier. If a violation is not corrected within the time specified by an approved plan of correction or any lawful extension thereof, a penalty may be assessed from the date of notice of the violation, until the date the violation is corrected.    (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)