Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.260 - Issuance of Conditional Licenses

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The Director may issue a
				conditional license
under Section
3-305 of the Act
to any facility if the Director finds that either a Type "A" or Type
				"B" violation exists in such facility. The issuance of a conditional license
				shall revoke any license held by the facility.
(Section 3-311 of the
				Act)
b)
Prior to the
				issuance of a conditional license, the Department shall review and approve a
				written plan of correction. The Department shall specify the
				violations
that
prevent full licensure and shall establish a
				time schedule for correction of the deficiencies. Retention of the license
				shall be conditional on the timely correction of the deficiencies in accordance
				with the plan of correction.
(Section 3-312 of the Act)
c)
Written notice of the decision to
				issue a conditional license shall be sent to the applicant or licensee,
				together with the specification of all violations of the
Act
and this Part that
prevent full licensure
				and
that
form the basis for the Department's decision to issue
				a conditional license and the required plan of correction. The notice shall
				inform the applicant or licensee of its right to a full hearing under Section
				3-315
of the Act
to contest the issuance of the conditional
				license.
(Section 3-313 of the Act)
d)
If the applicant or licensee
				desires to
contest
the basis for issuance of
				a conditional license,
or the terms of the plan of correction,
				the applicant or licensee shall send a written request for hearing to the
				Department within
10
days after receipt by
				the applicant or licensee of the Department's notice and decision to issue a
				conditional license. The Department shall hold the hearing as provided
				under
Section 3-703
of the Act. The terms of the
				conditional license shall be stayed pending the issuance of the Final Order at
				the conclusion of the hearing, and the facility may operate in the same manner
				as with an unrestricted license. Section 3-315 of the Act)
e)
A conditional license shall be
				issued for a period specified by the Department, but in no event for more than
				one year.
The effective date of the conditional license shall not
				begin until the applicant or licensee has had the opportunity to request a
				hearing pursuant to subsection (d), and if a hearing is requested in a timely
				manner, then the terms of the conditional license shall be stayed as provided
				for in subsection (d).
The Department shall periodically inspect any
				facility operating under a conditional license. If the Department finds
				substantial failure by the facility to
timely
correct the violations which prevented full licensure and formed the
				basis for the Department's decision to issue a conditional license in
				accordance with the required plan of correction, the conditional license may be
				revoked as provided under
Section 3-119
of the Act.
				(Section 3-316 of the Act)