77 Ill. Adm. Code 300.320
Waivers
Section 300
Section 300.320Â Waivers
a)
Upon application by a facility, the Director may grant or
renew the waiver of the facility's compliance with a rule or standard for a
period not to exceed the duration of the current license or, in the case of an application
for license renewal, the duration of the renewal period.
(Section 3-303.1
of the Act)
b)
The waiver may be conditioned upon the facility taking
action prescribed by the Director as a measure equivalent to compliance.
(Section 3-303.1 of the Act)
c)
In determining whether to grant or renew a waiver, the
Director shall consider:
1)
the duration and basis for any current waiver with respect
to the same rule or standard;
2)
the continued validity of extending the waiver on the same
basis;
3)
the effect upon the health and safety of residents;
4)
the quality of resident care
(whether the waiver would
reduce the overall quality of the resident care below that required by the Act
or this Part);
5)
the facility's history of compliance with the Act and this
Part
(the existence of a consistent pattern of violation of the Act or this
Part); and
6)
the facility's attempts to comply with the particular rule
or standard in question.
(Section 3-303.1 of the Act)
d)
The Department shall renew waivers relating to physical
plant standards issued pursuant to this Section at the time of the indicated
reviews, unless it can show why such waivers should not be extended for the
following reasons:
1)
the condition of the physical plant has deteriorated or its
use substantially changed so that the basis upon which the waiver was issued is
materially different; or
2)
the facility is renovated or substantially remodeled in
such a way as to permit compliance with the applicable rules and standards
without substantial increase in cost.
(Section 3-303.1 of the Act)