77 Ill. Adm. Code 330.320
Waivers
Section 330
Section 330.320Â Waivers
a)
Upon application by a facility, the Director may grant or
renew the waiver of the facility's compliance with
the Act or this Part
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(a) 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(a) 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
this Part
;
2)
the validity and effect upon patient health and safety 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
this Part
.
(Section 3-303.1(a) of the Act)
d)
The Department
will
renew waivers relating to
physical plant standards issued pursuant to the Act at the time of the
indicated reviews, unless it can show why
these
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
this Part
without substantial
increase in cost.
(Section 3-303.1(b) of the Act)