210 ILCS 45/3-308
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 45/ - Nursing Home Care Act.|Article III - Licensing, Enforcement, Violations, Penalties And Remedies

 (from Ch. 111 1/2, par. 4153-308)Sec. 3-308.   In the case of a 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 or his or her designee may reallocate the amount of a penalty assessed pursuant to Section 3-305.  A facility shall submit to the Director a written request for a penalty reduction, in a form prescribed by the Department, which includes an accounting of all costs for goods and services purchased in correcting the violation. The amount by which a penalty is reduced may not be greater than the amount of the costs reported by the facility.  A facility that accepts a penalty reallocation under this Section waives its right to dispute a notice of violation and any remaining fine or penalty in an administrative hearing. The Director shall consider the following factors:(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.(4) The facility did not benefit financially from     committing or continuing the violation.At least annually, and upon request, the Department shall provide a list of all reallocations and the reasons for those reallocations.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. 96-758, eff. 8-25-09.)