Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.170 - Denial of Initial License

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				determination by the Director to deny the issuance of an initial license shall
				be based on a finding that one or more of the criteria outlined in Section
				350.165
				or the following criteria are met.
1)
Conviction of the applicant, or if the applicant is a firm, partnership
				or association, of any of its members, or if a corporation, the conviction of
				the corporation or any of its officers or stockholders, or of the person
				designated to manage or supervise the facility, of 2 or more misdemeanors
				involving moral turpitude, during the previous 5 years as shown by a certified
				copy of the record of the court of conviction.
(Section 3-117(2) of
				the Act)
2) Prior license
				revocation. Both of the following conditions shall be met:
A)
Revocation of a facility license
				during the previous 5 years, if such prior license was issued to the individual
				applicant, a controlling owner or controlling combination of owners of the
				applicant; or any affiliate of the individual applicant or controlling owner of
				the applicant and such individual applicant, controlling owner of the applicant
				or affiliate of the applicant was a controlling owner of the prior
				license.
Operation for the purposes of this provision shall include
				individuals with responsibility for the overall management, direction, or
				supervision of the facility.
B)
The denial of an application for a license pursuant to this
				subsection
(a)(2)
must be supported by evidence that
the
prior revocation renders the applicant unqualified or incapable of
				meeting or maintaining a facility in accordance with
the Act and this
				Part. This determination will be based on the applicant's qualifications and
				ability to meet the criteria outlined in Section
				350.165(b)
				as evidenced by the application and the applicant's prior history. (Section
				3-117(5) of the Act)
3)
Personnel insufficient in number or unqualified by training or
				experience to properly care for the proposed number and type of
				residents
. (Section 3-117(3) of the Act)
4)
Insufficient financial or other
				resources to operate and conduct the facility in accordance with
this
				Part and the
Act
. (Section 3-117(4) of the Act)
5)
That the facility is not under the
				direct supervision of a full time administrator, as defined
in this
				Part
, who is licensed, if required, under the Nursing Home
				Administrators Licensing and Disciplinary Act
. (Section 3-117(6) of
				the Act)
6)
That the
				facility is in receivership and the proposed licensee has not submitted a
				specific detailed plan to bring the facility into compliance with the
				requirements of
the
Act and with federal certification
				requirements, if the facility is certified, and to keep the facility in such
				compliance
. (Section 3-117(7) of the Act)
7)
The applicant is the owner of a
				facility designated pursuant to Section 3-304.2 of
the
Ac
t and Section 350.185
as a distressed
				facility
. (Section 3-117(8) of the Act) The individual applicant, an
				owner or combination of owners of the applicant; or any affiliate of the
				individual applicant or owner of the applicant or affiliate of the applicant
				has an interest in any facility currently listed on the quarterly list of
				distressed facilities in accordance with Section 350.185.