Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart A - GENERAL PROVISIONS › Section 340.1245 - Conditions for Assessment of Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
The Department will consider the assessment of a monetary
				  penalty against a facility under the following conditions:
a) A licensee who commits a Type "AA"
				violation as defined in Section 1-128.5 of the Act is automatically issued a
				conditional license for a period of 6 months to coincide with an acceptable
				plan of correction and assessed a fine up to $25,000 per violation. (Section
				3-305(1) of the Act)
b) A licensee
				who commits a Type "A" violation as defined in Section 1-129 of the Act is
				automatically issued a conditional license for a period of 6 months to coincide
				with an acceptable plan of correction and assessed a fine of up to $12,500 per
				violation. (Section 3-305(1.5 ) of the
				Act)
c) A licensee who commits a
				Type "AA" or Type "A" violation as defined in Section 1-128.5 or 1-129 of the
				Act which continues beyond the time specified in Section 3-303(a) of the Act,
				which is cited as a repeat violation, shall have its license revoked and shall
				be assessed a fine of 3 times the fine computed per resident per day under
				subsection (a) or (b) of this Section. (Section 3-305(3) of the Act)
d) A licensee who commits a Type "B"
				violation as defined in Section 1-130 of the Act shall be assessed a fine of up
				to $1,100 per violation. (Section 3-305(2) of the Act)
e) A licensee who fails to satisfactorily
				comply with an accepted plan of correction for a Type "B" violation or an
				administrative warning issued pursuant to Sections 3-401 through 3-413 of the
				Act or pursuant to this Part shall be automatically issued a conditional
				license for a period of not less than 6 months. A second or subsequent
				acceptable plan of correction shall be filed. A fine shall be assessed in
				accordance with subsection (d) of this Section when cited for the repeat
				violation. This fine shall be computed for all days of the violation, including
				the duration of the first plan of correction compliance time. (Section 3-305(4)
				of the Act)
f) A licensee who
				commits 10 or more Type "C" violations, as defined in Section 1-132 of the Act,
				in a single survey shall be assessed a fine of up to $250 per violation. A
				licensee who commits one or more Type "C" violations with a high risk
				designation shall be assessed a fine of up to $500 per violation. (Section
				3-305(2.5 ) of the Act)
g) If an
				occurrence results in more than one type of violation as defined in the Act
				(that is, a Type "AA", Type "A", Type "B", or Type "C" violation), the maximum
				fine that may be assessed for that occurrence is the maximum fine that may be
				assessed for the most serious type of violation charged. For purposes of the
				preceding sentence, a Type "AA" violation is the most serious type of violation
				that may be charged, followed by a Type "A", Type "B", or Type "C" violation,
				in that order. (Section 3-305(7.5 ) of the Act)
h) The minimum and maximum fines that may be
				assessed pursuant to Section 3-305 of the Act and this Section
				340.1245
				shall be twice those otherwise specified for any facility that willfully makes
				a misstatement of fact to the Department, or willfully fails to make a required
				notification to the Department, if that misstatement or failure delays the
				start of a surveyor or impedes a survey. (Section 3-305(8) of the
				Act)
i) High risk designation. If
				the Department finds that a facility has violated a provision of this Part that
				has a high risk designation, or that a facility has violated the same provision
				of this Part 3 or more times in the previous 12 months, the Department may
				assess a fine of up to 2 times the maximum fine otherwise allowed. (Section
				3-305(9) of the Act)
j) For the
				purposes of calculating certain penalties pursuant to this Section, violations
				of the following requirements shall have the status of "high risk designation".
1) Section
				340.1305(a)
2) Section
				340.1305(b)
3) Section
				340.1305(c)
4) Section
				340.1315(a)
5) Section
				340.1315(b)
6) Section
				340.1315(c)
7) Section
				340.1315(f)
8) Section
				340.1315(j)
9) Section
				340.1315(k)
10) Section
				340.1315(l)
11) Section
				340.1315(n)
12) Section
				340.1315(o)
13) Section
				340.1317(c)
14) Section
				340.1317(d)
15) Section
				340.1317(e)
16) Section
				340.1330
17) Section
				340.1335
18) Section
				340.1377
19) Section
				340.1380(b)
20) Section
				340.1440(a)
21) Section
				340.1440(d)
22) Section
				340.1440(e)
23) Section
				340.1505(b)
24) Section
				340.1505(e)
25) Section
				340.1505(g)
26) Section
				340.1580
27) Section
				340.1610