reglab/housing_qa huggingface dataset:
210 ILCS 45/3-306
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. 4153-306)Sec. 3-306.   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. 100-201, eff. 8-18-17.)
210 ILCS 45/3-307
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. 4153-307)Sec. 3-307.   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, he  shall send a notice to the facility.  The notice shall  specify the amount of the penalty assessed, the violation, and 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. The notice must contain a detailed computation showing how the amount of the penalty was derived, including the number of days and the number of residents on which the penalty was based. If the violation is  continuing,  the notice shall specify the amount of additional assessment per day for  the continuing violation.  (Source: P.A. 96-729, eff. 8-25-09.)
210 ILCS 45/3-308.5
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

Sec. 3-308.5. Facilities operated by Department of Veterans' Affairs; penalty offset.(a) In the case of a veterans home, institution, or other place operated by or under the authority of the Illinois Department of Veterans' Affairs, the amount of any penalty or fine shall be offset by the cost of the plan of correction, capital improvements, or physical plant repairs. For purposes of this Section only, "offset" means that the amount that the Illinois Department of Veterans' Affairs expends to pay for the cost of a plan of correction shall be deemed by the Illinois Department of Public Health to fully satisfy any monetary penalty or fine imposed by the Department of Public Health.  Once a fine or monetary penalty is offset pursuant to this Section, in no case may the Department of Public Health, with respect to the offense for which the fine or penalty was levied, continue to purport to impose a fine or monetary penalty upon the Department of Veterans' Affairs for that violation.(b) The Director of Public Health shall issue a Declaration to the Director of Veterans' Affairs confirming the citation of each Type "A" violation and request that immediate action be taken to protect the health and safety of the veterans in the facility.  (Source: P.A. 96-703, eff. 8-25-09.)
210 ILCS 45/3-309
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. 4153-309)Sec. 3-309.   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. 96-1372, eff. 7-29-10; 97-870, eff. 7-30-12.)
210 ILCS 45/3-310
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. 4153-310)Sec. 3-310.   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 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.With the approval of the federal centers for Medicaid and Medicare  services,  the Director of Public Health shall set aside 50% of the federal civil monetary  penalties collected each year to be used to  award  grants under the Equity in Long-term Care Quality  Act.  (Source: P.A. 99-933, eff. 1-27-17.)
210 ILCS 45/3-311
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. 4153-311)Sec. 3-311.         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. 85-1378.)
210 ILCS 45/3-312
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. 4153-312)Sec. 3-312.         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. 83-1530.)
210 ILCS 45/3-313
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. 4153-313)Sec. 3-313.         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. 83-1530.)
210 ILCS 45/3-315
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. 4153-315)Sec. 3-315.         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. 83-1530.)
210 ILCS 45/3-316
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. 4153-316)Sec. 3-316.         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. 83-1530.)
210 ILCS 45/3-318
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. 4153-318)Sec. 3-318. (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) Wilfully file any false, incomplete or     intentionally misleading information required to be filed under this Act, or wilfully 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.)
210 ILCS 45/3-320
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. 4153-320)Sec. 3-320.         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. 83-1530.)
210 ILCS 45/Art. III Pt. 4 heading
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

 PART 4.      DISCHARGE AND TRANSFER
210 ILCS 45/3-401
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. 4153-401)Sec. 3-401.         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. 91-357, eff. 7-29-99.)
210 ILCS 45/3-401.1
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. 4153-401.1)Sec. 3-401.1. (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.(a-5) After the effective date of this amendatory Act of 1997, 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;(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 (formerly the Illinois Department of Public Aid) 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' (formerly the Illinois Department of  Public Aid's) 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. 95-331, eff. 8-21-07.)
210 ILCS 45/3-402
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. 4153-402)Sec. 3-402. 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.(c) When an identified offender is within the provisional admission period defined in Section 1-120.3. If the Identified Offender  Report and Recommendation  prepared under Section 2-201.6 shows that the identified offender poses a serious threat or danger to the physical safety of other residents, the facility staff, or facility visitors  in the admitting facility and the facility determines that it is unable to provide a safe environment for the other residents, the facility staff, or facility visitors,  the facility shall transfer or discharge the identified offender within 3 days  after  its receipt of  the Identified Offender  Report and Recommendation. (Source: P.A. 96-1372, eff. 7-29-10.)
210 ILCS 45/3-403
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. 4153-403)Sec. 3-403.         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. 81-1349.)
210 ILCS 45/3-404
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. 4153-404)Sec. 3-404.         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. 81-223.)
210 ILCS 45/3-405
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. 4153-405)Sec. 3-405. 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. 97-820, eff. 7-17-12.)
210 ILCS 45/3-406
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. 4153-406)Sec. 3-406. When the basis for an involuntary transfer or discharge is  the result of an action by the Department of Healthcare and Family Services (formerly Department of Public Aid) with  respect to a recipient of Title XIX and a hearing request is filed with  the Department of Healthcare and Family Services (formerly Department of Public Aid), 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 (formerly Department  of Public Aid) or a court of competent jurisdiction and notice of that final  decision is received by the resident and the facility.       (Source: P.A. 95-331, eff. 8-21-07.)
210 ILCS 45/3-407
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. 4153-407)Sec. 3-407.         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. 81-223.)