Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart F - NURSING AND PERSONAL CARE › Section 300.1234 - Penalties and Notice of Violation

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Notwithstanding any other provision of the Act or this Part, the Department
				will impose penalties for violations of the minimum staffing requirements of
				the Act and Section
				300.1230, as
				follows:
1)
No monetary penalty will
				be issued for noncompliance during the implementation period, which will be
				July 1, 2020 through September 30, 2020. If a facility is found to be
				noncompliant during the implementation period, the Department will provide a
				written notice identifying the staffing deficiencies. The facility shall
				provide a sufficiently detailed correction plan to meet the statutory minimum
				staffing levels.
2)
Monetary penalties will be imposed by the Department beginning no later
				than January 1, 2021, and quarterly thereafter, and shall be based on the
				latest quarter for which the Department has data.
3)
Monetary penalties shall be
				established based on a formula that calculates, on a daily basis, the cost of
				wages and benefits for the missing staffing hours. All notices of noncompliance
				issued by the Department will include the computations used to determine
				noncompliance and establishing the variance between minimum staffing ratios and
				the Department's computations.
4)
The penalty for the first offense
				shall be 125% of the cost of wages and benefits for the missing staffing hours.
				The penalty will increase to 150% of the cost of wages and benefits for the
				missing staffing hours for the second offense and 200% of the cost of wages and
				benefits for the missing staffing hours for the third and all subsequent
				offenses.
5)
The
				penalty shall be imposed regardless of whether the facility has committed other
				violations of the Act
and this Part
during the same period
				that the staffing offense occurred.
6)
The penalty may not be waived, but
				the Department may determine the gravity of the violation in situations in
				which there is no more than a 10% deviation from the staffing requirements and
				make appropriate adjustments to the penalty.
A) A facility shall have 30 days from the
				receipt of the notice of violation to request an adjustment to the penalty
				pursuant to this subsection (a)(6).
B) This subsection does not apply to
				deviations due to a waiver granted under Section 300.1232.
7)
The Department may waive the
				penalty when unforeseen circumstances have occurred that resulted in call-offs
				of scheduled staff. This provision will be applied no more than 6 times per
				quarter.
(Section 3-202.05(g) of the Act) A facility shall have 30
				days from the receipt of the notice of violation to request a waiver of the
				penalty pursuant to this subsection (a)(7). If the Department declines to waive
				the penalty, it will inform the facility of the reasons why. For the purposes
				of this Section:
A) An unforeseen
				circumstance includes, but is not limited to, a disaster as defined in Section
				300.670(a),
				labor unrest, civil unrest, a viral epidemic or pandemic, family emergency, or
				any cause beyond the reasonable control of the facility.
B) "Six Times" means 6 unforeseen
				circumstances. If an unforeseen circumstance occurs, the facility shall
				document the type of unforeseen circumstance, the beginning and end dates of
				the unforeseen circumstance, and how many scheduled staff called off during the
				unforeseen circumstance. The facility shall submit the report to the Department
				within 24 hours after the end of the unforeseen circumstance. If the unforeseen
				circumstance is a viral epidemic or pandemic, the facility shall submit regular
				reports to the Department pursuant to Section
				300.696.