reglab/housing_qa huggingface dataset:
210 ILCS 47/3-423
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. 3-423. Closure of facility; notice. Any owner of a facility licensed under this Act shall give 90 days' notice prior to voluntarily closing a facility or closing any part of a facility, or prior to closing any part of a facility if closing such part will require the transfer or discharge of more than 10% of the residents. Such notice shall be given to the Department, to any resident who must be transferred or discharged, to the resident's representative, and to a member of the resident's family, where practicable. Notice shall state the proposed date of closing and the reason for closing. The facility shall offer to assist the resident in securing an alternative placement and shall advise the resident on available alternatives. Where the resident is unable to choose an alternate placement and is not under guardianship, the Department shall be notified of the need for relocation assistance. The facility shall comply with all applicable laws and regulations until the date of closing, including those related to transfer or discharge of residents. The Department may place a relocation team in the facility as provided under Section 3-419.   (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/Art. III Pt. 5 heading
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

              PART 5.      MONITORS AND RECEIVERSHIP    (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/3-501
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. 3-501. Monitor or receiver for facility; grounds.     The Department may place an employee or agent to serve as a monitor in a facility or may petition the circuit court for appointment of a receiver for a facility, or both, when any of the following conditions exist:(a) The facility is operating without a license;(b) The Department has suspended, revoked or refused      to renew the existing license of the facility;(c) The facility is closing or has informed the      Department that it intends to close and adequate arrangements for relocation of residents have not been made at least 30 days prior to closure;(d) The Department determines that an emergency      exists, whether or not it has initiated revocation or nonrenewal procedures, if because of the unwillingness or inability of the licensee to remedy the emergency the Department believes a monitor or receiver is necessary;(e) The Department is notified that the facility is      terminated or will not be renewed for participation in the federal reimbursement program under either Title XVIII or Title XIX of the Social Security Act.        As used in subsection (d) and Section 3-503, "emergency" means a threat to the health, safety or welfare of a resident that the facility is unwilling or unable to correct;(f) The facility has been designated a distressed facility by the Department and does not have a consultant employed pursuant to subsection (f) of Section 3-304.2 of this Act and an acceptable plan of improvement, or the Department has reason to believe the facility is not complying with the plan of improvement. Nothing in this paragraph (f) shall preclude the Department from placing a monitor in a facility if otherwise justified by law; or(g) At the discretion of the Department when a review of facility compliance history, incident reports, or reports of financial problems raises a concern that a threat to resident health, safety, or welfare exists. (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)
210 ILCS 47/3-502
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. 3-502. Placement of monitor by Department. In any situation described in Section 3-501, the Department may place a qualified person to act as monitor in the facility. The monitor shall observe operation of the facility, assist the facility by advising it on how to comply with the State regulations, and shall report periodically to the Department on the operation of the facility. Once a monitor has been placed, the Department may retain the monitor until it is satisfied that the basis for the placement is resolved and the threat to the health, safety, or welfare of a resident is not likely to recur.   (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)
210 ILCS 47/3-503
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. 3-503. Emergency; petition for receiver. Where a resident, a resident's representative or a resident's next of kin believes that an emergency exists each of them, collectively or separately, may file a verified petition to the circuit court for the county in which the facility is located for an order placing the facility under the control of a receiver.   (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/3-504
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. 3-504. Hearing on petition for receiver; grounds for appointment of receiver. The court shall hold a hearing within 5 days of the filing of the petition. The petition and notice of the hearing shall be served on the owner, administrator or designated agent of the facility as provided under the Civil Practice Law, or the petition and notice of hearing shall be posted in a conspicuous place in the facility not later than 3 days before the time specified for the hearing, unless a different period is fixed by order of the court. The court shall appoint a receiver if it finds that:(a) The facility is operating without a license;(b) The Department has suspended, revoked or refused to renew the existing license of a facility;(c) The facility is closing or has informed the Department that it intends to close and adequate arrangements for relocation of residents have not been made at least 30 days prior to closure; or(d) An emergency exists, whether or not the Department has initiated revocation or nonrenewal procedures, if because of the unwillingness or inability of the licensee to remedy the emergency the appointment of a receiver is necessary.    (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)
210 ILCS 47/3-505
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. 3-505. Emergency; time for hearing. If a petition filed under Section 3-503 alleges that the conditions set out in subsection 3-504 (d) exist within a facility, the court may set the matter for hearing at the earliest possible time. The petitioner shall notify the licensee, administrator of the facility, or registered agent of the licensee prior to the hearing. Any form of written notice may be used. A receivership shall not be established ex parte unless the court determines that the conditions set out in subsection 3-504(d) exist in a facility; that the licensee cannot be found; and that the petitioner has exhausted all reasonable means of locating and notifying the licensee, administrator or registered agent.   (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/3-506
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. 3-506. Appointment of receiver. The court may appoint any qualified person as a receiver, except it shall not appoint any owner or affiliate of the facility which is in receivership as its receiver. The Department shall maintain a list of such persons to operate facilities which the court may consider. The court shall give preference to licensed nursing home administrators in appointing a receiver.   (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/3-507
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. 3-507. Health, safety, and welfare of residents. The receiver shall make provisions for the continued health, safety and welfare of all residents of the facility.   (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/3-509
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. 3-509. Payment for goods or services provided by receiver.(a) A person who is served with notice of an order of the court appointing a receiver and of the receiver's name and address shall be liable to pay the receiver for any goods or services provided by the receiver after the date of the order if the person would have been liable for the goods or services as supplied by the owner. The receiver shall give a receipt for each payment and shall keep a copy of each receipt on file. The receiver shall deposit amounts received in a separate account and shall use this account for all disbursements.(b) The receiver may bring an action to enforce the liability created by subsection (a) of this Section.(c) A payment to the receiver of any sum owing to the facility or its owner shall discharge any obligation to the facility to the extent of the payment.    (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/3-510
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. 3-510. Receiver's avoidance of obligations; reasonable rental, price, or rate of interest to be paid by receiver.(a) A receiver may petition the court that he or she not be required to honor any lease, mortgage, secured transaction or other wholly or partially executory contract entered into by the owner of the facility if the rent, price or rate of interest required to be paid under the agreement was substantially in excess of a reasonable rent, price or rate of interest at the time the contract was entered into, or if any material provision of the agreement was unreasonable.(b) If the receiver is in possession of real estate or goods subject to a lease, mortgage or security interest which the receiver has obtained a court order to avoid under subsection (a) of this Section, and if the real estate or goods are necessary for the continued operation of the facility under this Section, the receiver may apply to the court to set a reasonable rental, price or rate of interest to be paid by the receiver during the duration of the receivership. The court shall hold a hearing on the application within 15 days. The receiver shall send notice of the application to any known persons who own the property involved at least 10 days prior to the hearing. Payment by the receiver of the amount determined by the court to be reasonable is a defense to any action against the receiver for payment or for possession of the goods or real estate subject to the lease, security interest or mortgage involved by any person who received such notice, but the payment does not relieve the owner of the facility of any liability for the difference between the amount paid by the receiver and the amount due under the original lease, security interest or mortgage involved.    (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/3-511
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. 3-511. Insufficient funds collected; reimbursement of receiver by Department. If funds collected under Sections 3-508 and 3-509 are insufficient to meet the expenses of performing the powers and duties conferred on the receiver, or if there are insufficient funds on hand to meet those expenses, the Department may reimburse the receiver for those expenses from funds appropriated for its ordinary and contingent expenses by the General Assembly after funds contained in the Long Term Care Monitor/Receiver Fund have been exhausted.   (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/3-512
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. 3-512. Receiver's compensation. The court shall set the compensation of the receiver, which will be considered a necessary expense of a receivership under Section 3-516.  (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/3-513
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. 3-513. Action against receiver.(a) In any action or special proceeding brought against a receiver in the receiver's official capacity for acts committed while carrying out powers and duties under this Article, the receiver shall be considered a public employee under the Local Governmental and Governmental Employees Tort Immunity Act, as now or hereafter amended.(b) A receiver may be held liable in a personal capacity only for the receiver's own gross negligence, intentional acts or breach of fiduciary duty.(c) The court may require a receiver to post a bond.    (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/3-514
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. 3-514. License to facility in receivership. Other provisions of this Act notwithstanding, the Department may issue a license to a facility placed in receivership. The duration of a license issued under this Section is limited to the duration of the receivership.   (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/3-515
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. 3-515. Termination of receivership. The court may terminate a receivership:(a) If the time period specified in the order      appointing the receiver elapses and is not extended;(b) If the court determines that the receivership is      no longer necessary because the conditions which gave rise to the receivership no longer exist; or the Department grants the facility a new license, whether the structure of the facility, the right to operate the facility, or the land on which it is located is under the same or different ownership; or(c) If all of the residents in the facility have      been transferred or discharged.        Before terminating a receivership, the court may order the Department to require any licensee to comply with the recommendations of the receiver made under subsection (k) of Section 3-508. A licensee may petition the court to be relieved of this requirement.  (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/3-516
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. 3-516. Accounting by receiver; Department's lien.(a) Within 30 days after termination, the receiver shall give the court a complete accounting of all property of which the receiver has taken possession, of all funds collected, and of the expenses of the receivership.(b) If the operating funds collected by the receiver under Sections 3-508 and 3-509 exceed the reasonable expenses of the receivership, the court shall order payment of the surplus to the owner, after reimbursement of funds drawn from the contingency fund under Section 3-511. If the operating funds are insufficient to cover the reasonable expenses of the receivership, the owner shall be liable for the deficiency. Payment recovered from the owner shall be used to reimburse the contingency fund for amounts drawn by the receiver under Section 3-511.(c) The Department shall have a lien for any payment made under Section 3-511 upon any beneficial interest, direct or indirect, of any owner in the following property:(1) The building in which the facility is located;(2) Any fixtures, equipment or goods used in the     operation of the facility;(3) The land on which the facility is located; or(4) The proceeds from any conveyance of property     described in subparagraphs (1), (2) or (3) above, made by the owner within one year prior to the filing of the petition for receivership.(d) The lien provided by this Section is prior to any lien or other interest which originates subsequent to the filing of a petition for receivership under this Article, except for a construction or mechanic's lien arising out of work performed with the express consent of the receiver.(e) The receiver shall, within 60 days after termination of the receivership, file a notice of any lien created under this Section. If the lien is on real property, the notice shall be filed with the recorder. If the lien is on personal property, the lien shall be filed with the Secretary of State. The notice shall specify the name of the person against whom the lien is claimed, the name of the receiver, the dates of the petition for receivership and the termination of receivership, a description of the property involved and the amount claimed. No lien shall exist under this Article against any person, on any property, or for any amount not specified in the notice filed under this subsection (e).  (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/3-517
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. 3-517. Civil and criminal liability during receivership. Nothing in this Act shall be deemed to relieve any owner, administrator or employee of a facility placed in receivership of any civil or criminal liability incurred, or any duty imposed by law, by reason of acts or omissions of the owner, administrator, or employee prior to the appointment of a receiver; nor shall anything contained in this Act be construed to suspend during the receivership any obligation of the owner, administrator, or employee for payment of taxes or other operating and maintenance expenses of the facility nor of the owner, administrator, employee or any other person for the payment of mortgages or liens. The owner shall retain the right to sell or mortgage any facility under receivership, subject to approval of the court which ordered the receivership.   (Source: P.A. 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.)
210 ILCS 47/Art. III Pt. 6 heading
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

              PART 6.      DUTIES    (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/3-601
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. 3-601. Liability for injury to resident. The owner and licensee are liable to a resident for any intentional or negligent act or omission of their agents or employees which injures the resident.  (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/3-602
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. 3-602. Damages for violation of resident's rights. The licensee shall pay the actual damages and costs and attorney's fees to a facility resident whose rights, as specified in Part 1 of Article II of this Act, are violated.   (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/3-603
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. 3-603. Action by resident. A resident may maintain an action under this Act for any other type of relief, including injunctive and declaratory relief, permitted by law.   (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/3-604
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. 3-604. Class action; remedies cumulative. Any damages recoverable under Sections 3-601 through 3-607, including minimum damages as provided by these Sections, may be recovered in any action which a court may authorize to be brought as a class action pursuant to the Civil Practice Law. The remedies provided in Sections 3-601 through 3-607, are in addition to and cumulative with any other legal remedies available to a resident. Exhaustion of any available administrative remedies shall not be required prior to commencement of suit hereunder.  (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/3-605
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. 3-605. Amount of damages; no effect on medical assistance eligibility. The amount of damages recovered by a resident in an action brought under Sections 3-601 through 3-607 shall be exempt for purposes of determining initial or continuing eligibility for medical assistance under the Illinois Public Aid Code, as now or hereafter amended, and shall neither be taken into consideration nor required to be applied toward the payment or partial payment of the cost of medical care or services available under the Illinois Public Aid Code.  (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/3-606
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. 3-606. Waiver of resident's right to bring action prohibited. Any waiver by a resident or his or her legal representative of the right to commence an action under Sections 3-601 through 3-607, whether oral or in writing, shall be null and void, and without legal force or effect.  (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/3-607
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. 3-607. Trial by jury. Any party to an action brought under Sections 3-601 through 3-607 shall be entitled to a trial by jury and any waiver of the right to a trial by a jury, whether oral or in writing, prior to the commencement of an action, shall be null and void, and without legal force or effect.   (Source: P.A. 96-339, eff. 7-1-10.)
210 ILCS 47/3-608
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. 3-608. Retaliation against resident prohibited. A licensee or its agents or employees shall not transfer, discharge, evict, harass, dismiss, or retaliate against a resident, a resident's representative, or an employee or agent who makes a report under Section 2-107, brings or testifies in an action under Sections 3-601 through 3-607, or files a complaint under Section 3-702, because of the report, testimony, or complaint.   (Source: P.A. 96-339, eff. 7-1-10.)