Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 330.282 - 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 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). (Section 3-305(3) of the Act)
d)
A licensee who commits a Type "B"
				violation as defined in Section 1-130
of theAct
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)
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 Department
will
assess only one fine,
				which shall not exceed 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
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
				330.715(a)
2) Section
				330.715(b)
3) Section
				330.715(c)
4) Section
				330.725(a)
5) Section
				330.725(b)
6) Section
				330.725(c)
7) Section
				330.725(f)
8) Section
				330.725(j)
9) Section
				330.725(k)
10) Section
				330.725(l)
11) Section
				330.725(n)
12) Section
				330.725(o)
13) Section
				330.727(c)
14) Section
				330.727(d)
15) Section
				330.727(e)
16) Section
				330.780
17) Section
				330.785(b)
18) Section
				330.790
19) Section
				330.911
20) Section
				330.4240(a)
21) Section
				330.4240(d)
22) Section
				330.4240(e)