77 Ill. Adm. Code 330.282
Conditions for Assessment of Penalties
Section 330
Section 330.282Â 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). (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.Â
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)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
330.715(a)
2)Â Â Â Â Â Â Â Â Section
330.715(b)
3)Â Â Â Â Â Â Â Â Section
330.715(c)
4)Â Â Â Â Â Â Â Â Section
330.725(a)
5)Â Â Â Â Â Â Â Â Section
330.725(b)
6)Â Â Â Â Â Â Â Â Section
330.725(c)
7)Â Â Â Â Â Â Â Â Section
330.725(f)
8)Â Â Â Â Â Â Â Â Section
330.725(j)
9)Â Â Â Â Â Â Â Â Section
330.725(k)
10)Â Â Â Â Â Â Section
330.725(l)
11)Â Â Â Â Â Â Section
330.725(n)
12)Â Â Â Â Â Â Section
330.725(o)
13)Â Â Â Â Â Â Section
330.727(c)
14)Â Â Â Â Â Â Section
330.727(d)
15)Â Â Â Â Â Â Section
330.727(e)
16)Â Â Â Â Â Â Section
330.780
17)Â Â Â Â Â Â Section
330.785(b)
18)Â Â Â Â Â Â Section
330.790
19)Â Â Â Â Â Â Section
330.911
20)Â Â Â Â Â Â Section
330.4240(a)
21)Â Â Â Â Â Â Section
330.4240(d)
22)Â Â Â Â Â Â Section
330.4240(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 330.282
,
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 rights 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)Â 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, which 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)
m)
For
the purpose of computing a penalty under
subsections (c) through (f)
,
the number of residents per day shall be based on the average number of
residents in the facility during the 30 days preceding the discovery of the
violation
. (Section 3-305(5) of the Act)
n)
For
purposes of assessing fines under this
Section
, a repeat violation shall
be a violation which has been cited during one inspection of the facility for
which an accepted plan of correction was not complied with or a new citation of
the same rule if the licensee is not substantially addressing the issue
routinely throughout the facility
. (Section 3-305(7) of the Act)