Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 1130 - HEALTH FACILITIES AND SERVICES REVIEW OPERATIONAL RULES › Subpart G - PERMIT VALIDITY, REPORTING REQUIREMENTS AND REVOCATION › Section 1130.790 - Penalties, Fines and Sanctions for Non-compliance with the Act and HFSRB Rules

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Any
				person establishing, constructing, or modifying a health care facility or
				portion thereof without obtaining a required permit, or in violation of the
				terms of the required permit, shall not be eligible to apply for any necessary
				operating licenses or be eligible for payment by any State agency for services
				rendered in that facility or portion thereof until the required permit is
				obtained.
[20
				ILCS 3960/13.1 ]
b)
Any person acquiring major medical
				equipment or establishing, constructing or modifying a health care facility
				without a permit issued under the Act or in violation of the terms of such a
				permit is guilty of a business offense and may be fined up to
$25,000.
				[20
				ILCS 3960/14 ]
c) HFSRB
may deny an application for
				permit or may revoke or take other action as permitted by the Act with regard
				to a permit as
HFSRB
deems necessary, including the imposition
				of fines.
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				ILCS 3960/14.1(a) ]
d) HFSRB
may impose fines as
				specified below for the enumerated violations:
1)
A permit holder who fails to
				comply with the requirements for maintaining a valid permit shall be fined an
				amount not to exceed 1% of the approved permit amount, plus an additional 1% of
				the approved permit amount for each 30-day period, or fraction thereof, that
				the violation continues.
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				ILCS 3960/14.1(b)(1) ]
2)
A permit holder who alters the
				scope and size of an approved project or whose project costs exceed the
				allowable permit amount without first obtaining
HFSRB
approval
				shall be fined an amount not to exceed the sum of:
A)
The lesser of $25,000 or 2% of the
				approved permit amount; and
B)
In those cases where the approved
				permit amount is exceeded by more than $1,000,000, an additional $20,000 for
				each $1,000,000, or fraction thereof, in excess of the approved permit
				amount.
[20
				ILCS 3960/14.1(b)(2) ]
3)
A permit holder who
				fails to comply with the post-permit and reporting requirements set forth in
				Section 5 shall be fined an amount not to exceed $10,000 plus an additional
				$10,000 for each 30-day period, or fraction thereof, that the violation
				continues. This fine shall continue to accrue until the date that the
				post-permit requirements are met and the post-permit reports are received by
				the State Board, or
until
the matter is referred by the State
				Board to the State Board's legal counsel. The accrued fine is not waived by the
				permit holder submitting the required information and reports. Prior to any
				fine beginning to accrue, the Board shall notify, in writing, a permit holder
				of the due date for the post-permit and reporting requirements no later than 30
				days before the due date for the requirements.
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				ILCS 3960/14.1(b) (2.5 )]
4)
A person who acquires major
				medical equipment or who establishes a category of service without first
				obtaining a permit or exemption, as the case might be, shall be fined an amount
				not to exceed $10,000 for each such acquisition or category of service
				established plus an additional $10,000 for each 30-day period, or fraction
				thereof, that the violation continues.
[20
				ILCS 3960/14.1(b) (3)]
5)
A person who constructs, modifies,
				establishes, or changes ownership of a health care facility without first
				obtaining a permit or exemption shall be fined an amount not to exceed $25,000
				plus an additional $25,000 for each 30-day period, or fraction thereof, that
				the violation continues.
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				ILCS 3960/14.1(b)(4) ]
6)
A person who discontinues a health
				care facility or category of service without first obtaining a permit or
				exemption shall be fined an amount not to exceed $10,000 plus an additional
				$10,000 for each 30-day period, or fraction thereof, that the violation
				continues.
Facilities licensed under the Nursing Home Care Act
				or the MR/DD Community Care Act, with exception of facilities operated by a
				county or Illinois Veterans Homes, are exempt from this permit requirement.
				However, facilities licensed under the Nursing Home Care Act or the MR/DD
				Community Care Act must comply with Section 3-423 of the Nursing Home Care Act
				or Section 3-423 of the MR/DD Community Care Act and must provide the Board
				with 30-days' written notice of its intent to close.
[20
				ILCS 3960/14.1(b)(5) ]
7)
A person subject to
the
Act who fails to provide information requested by
HFSRB or its
				staff
within 30 days after a formal written request shall be fined an
				amount not to exceed $1,000, plus an additional $1,000 for each 30-day period,
				or fraction thereof, that the information is not received by
HFSRB or
				its staff
.
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				ILCS 3960/14.1(b)(6) ]