Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.282 - Conditions for Assessment of Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall 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
fewer
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
fewer
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,
that continues beyond the time specified in Section
				3-303(a)
,
that 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). (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 fewer 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
fewer
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 this
subsection (h)
shall be 3 times those otherwise
				specified for any facility.
(Section 3-305(9) of the Act)
i)
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, then
				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
				390.681
2) Section
				390.700
3) Section
				390.750(b)
4) Section
				390.760
5) Section
				390.1010
6) Section
				390.1040
7) Section
				390.1310
8) Section
				390.1316
9) Section
				390.2740(f)
10) Section
				390.3040(f)
11) Section
				390.3240