77 Ill. Adm. Code 300.282
Conditions for Assessment of Penalties
Section 300
Section 300.282Â Conditions
for Assessment of Penalties
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) of this Section. (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
.Â
(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) of
this Section
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 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(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 300.282
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)Â Â Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â Â Section
300.615(b)
2)Â Â Â Â Â Â Â Â Section
300.615(e)
3)Â Â Â Â Â Â Â Â Section
300.615(f)
4)Â Â Â Â Â Â Â Â Section
300.615(g)
5)Â Â Â Â Â Â Â Â Section
300.625(a)
6)Â Â Â Â Â Â Â Â Section
300.625(b)
7)Â Â Â Â Â Â Â Â Section
300.625(c)
8)Â Â Â Â Â Â Â Â Section
300.625(f)
9)Â Â Â Â Â Â Â Â Section
300.625(j)
10)Â Â Â Â Â Â Â Section
300.625(k)
11)Â Â Â Â Â Â Â Section
300.625(l)
12)Â Â Â Â Â Â Â Section
300.625(n)
13)Â Â Â Â Â Â Â Section
300.625(o)
14)Â Â Â Â Â Â Â Section
300.627(c)
15)Â Â Â Â Â Â Â Section
300.627(d)
16)Â Â Â Â Â Â Â Section
300.627(e)
17)Â Â Â Â Â Â Â Section
300.661
18)Â Â Â Â Â Â Â Section
300.680
19)Â Â Â Â Â Â Â Section
300.686
20)Â Â Â Â Â Â Â Section
300.690
21)Â Â Â Â Â Â Â Section
300.695(b)
22)Â Â Â Â Â Â Â Section
300.696
23)Â Â Â Â Â Â Â Section
300.1210(b)
24)Â Â Â Â Â Â Â Section
300.1210(d)(5)
25)Â Â Â Â Â Â Â Section
300.1210(d)(6)
26)Â Â Â Â Â Â Â Section
300.1230
27)Â Â Â Â Â Â Â Section
300.1240
28)Â Â Â Â Â Â Â Section
300.2900(d)(2)
29)Â Â Â Â Â Â Â Section
300.3100(d)(2)
30)Â Â Â Â Â Â Â Section
300.3240(a)
31)Â Â Â Â Â Â Â Section
300.3240(d)
32)Â Â Â Â Â Â Â Section
300.3240(e)
k)
If
a licensee has paid a civil monetary penalty imposed pursuant to the Medicare
and Medicaid Certification Program for the equivalent federal violation giving
rise to a fine under Section
3-305 of the Act and this Section 300.282
,
or provides the Department with a copy of a letter to the Centers for
Medicare and Medicaid Services (CMMS) of its binding intent to waive its right
to a federal hearing to contest a civil monetary penalty for the equivalent
federal violation,
the Department shall offset the fine by the amount of the
civil monetary penalty. The offset may not reduce the fine by more than 75% of
the original fine, however.
(Section 3-305(10) of the Act)
The
meaning of "equivalent federal violation" shall be determined by the
Department. Upon request by the Department, the facility shall provide proof to
the Department of the federal civil monetary penalty when the payment is due.
l)
When
the Department finds that a provision of Article II has been violated with
regard to a particular resident, the Department shall issue an order requiring
the facility to reimburse the resident for injuries incurred, or $100,
whichever is greater. In the case of a violation involving any action other
than theft of money belonging to a resident, reimbursement shall be ordered
only if a provision of Article II has been violated with regard to that or any
other resident of the facility within the 2 years immediately preceding the
violation in question.
(Section 3-305(6) of the Act)