Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.282 - 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 of up to $25,000 per
				violation. For a facility licensed to provide care to fewer than 100 residents,
				but no less than 17 residents, the fine shall be up to $18,500 per violation.
				For a facility licensed to provide care to fewer than 17 residents, the fine
				shall be up to $12,500 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. For a facility licensed to provide care to fewer than
				100 residents, but no less than 17 residents, the fine shall be up to $10,000
				per violation. For a facility licensed to provide care to fewer than 17
				residents, the fine shall be up to $6,250 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),
which is cited as a repeat violation shall have its
				license revoked and shall be assessed a fine of 3 times the fine computed under
				subsection
(a) or (b). (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. For a facility licensed to
				provide care to fewer than 100 residents, but no less than 17 residents, the
				fine shall be up to $750 per violation. For a facility licensed to provide care
				to fewer than 17 residents, the fine shall be up to $550 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
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)
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 8 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
				facility licensed to provide care to fewer than 100 residents, but no less than
				17 residents, that commits 8 or more Type "C" violations in a single survey,
				shall be assessed a fine of up to $200 per violation. A facility licensed to
				provide care to fewer than 17 residents, that commits 8 or more Type "C"
				violations in a single survey, shall be assessed a fine of up to $175 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), then 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(8) of the Act)
h)
If any facility willfully makes a
				misstatement of fact to the Department or willfully fails to make a required
				notification to the Department and that misstatement or failure delays the
				start of a survey or impedes a survey, then it will constitute a Type "B"
				violation. The minimum and maximum fines that may be assessed pursuant
				to
Section 3-305 of the Act and this
Part shall be 3 times
				those otherwise specified for any facility
. (Section 3-305(9) 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(10) 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
				350.625(e)
2) Section
				350.625(f)
3) Section
				350.625(g)
4) Section
				350.635(c)
5) Section
				350.635(f)
6) Section
				350.635(j)
7) Section
				350.635(k)
8) Section
				350.635(l)
9) Section
				350.635(n)
10) Section
				350.635(o)
11) Section
				350.637(c)
12) Section
				350.637(d)
13) Section
				350.637(e)
14) Section
				350.681
15) Section
				350.700
16) Section
				350.750(b)
17) Section
				350.760
18) Section
				350.1080
19) Section
				350.1086
20) Section
				350.1210
21) Section
				350.1230
22) Section
				350.2700(d)(2)
23) Section
				350.3000(d)(2)
24) Section
				350.3240(a)
25) Section
				350.3240(d)
26) Section
				350.3240(e)