Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.260 - Issuance of Conditional License

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 which 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 which 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)