77 Ill. Adm. Code 350.282
Conditions for Assessment of Penalties
Section 350
Section 350.282Â 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 of up to $25,000 per violation. For a facility licensed to
provide care to fewer than 100 residents, but no less than 17 residents, the
fine shall be up to $18,500 per violation. For a facility licensed to provide
care to fewer than 17 residents, the fine shall be up to $12,500 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. For a facility licensed to provide care to fewer
than 100 residents, but no less than 17 residents, the fine shall be up to
$10,000 per violation. For a facility licensed to provide care to fewer than 17
residents, the fine shall be up to $6,250 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),
which is cited as a repeat
violation shall have its license revoked and shall be assessed a fine of 3
times the fine computed 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. For a
facility licensed to provide care to fewer than 100 residents, but no less than
17 residents, the fine shall be up to $750 per violation. For a facility
licensed to provide care to fewer than 17 residents, the fine shall be up to
$550 per violation
. (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
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)
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 8 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 facility licensed to provide care to fewer than 100
residents, but no less than 17 residents, that commits 8 or more Type
"C" violations in a single survey, shall be assessed a fine of up to
$200 per violation. A facility licensed to provide care to fewer than 17 residents,
that commits 8 or more Type "C" violations in a single survey, shall
be assessed a fine of up to $175 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), then 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(8) of the Act)
h)
If
any facility willfully makes a misstatement of fact to the Department or
willfully fails to make a required notification to the Department and that
misstatement or failure delays the start of a survey or impedes a survey, then
it will constitute a Type "B" violation. The minimum and maximum
fines that may be assessed pursuant to
Section 3-305 of the Act and this
Part
shall be 3 times those otherwise specified for any facility
. (Section
3-305(9) 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(10) 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
350.625(e)
2)Â Â Â Â Â Â Â Â Section
350.625(f)
3)Â Â Â Â Â Â Â Â Section
350.625(g)
4)Â Â Â Â Â Â Â Â Section
350.635(c)
5)Â Â Â Â Â Â Â Â Section
350.635(f)
6)Â Â Â Â Â Â Â Â Section
350.635(j)
7)Â Â Â Â Â Â Â Â Section
350.635(k)
8)Â Â Â Â Â Â Â Â Section
350.635(l)
9)Â Â Â Â Â Â Â Â Section
350.635(n)
10)Â Â Â Â Â Â Â Section
350.635(o)
11)Â Â Â Â Â Â Â Section
350.637(c)
12)Â Â Â Â Â Â Â Section
350.637(d)
13)Â Â Â Â Â Â Â Section
350.637(e)
14)Â Â Â Â Â Â Â Section
350.681
15)Â Â Â Â Â Â Â Section
350.700
16)Â Â Â Â Â Â Â Section
350.750(b)
17)Â Â Â Â Â Â Â Section
350.760
18)Â Â Â Â Â Â Â Section
350.1080
19)Â Â Â Â Â Â Â Section
350.1086
20)Â Â Â Â Â Â Â Section
350.1210
21)Â Â Â Â Â Â Â Section
350.1230
22)Â Â Â Â Â Â Â Section
350.2700(d)(2)
23)Â Â Â Â Â Â Â Section
350.3000(d)(2)
24)Â Â Â Â Â Â Â Section
350.3240(a)
25)Â Â Â Â Â Â Â Section
350.3240(d)
26)Â Â Â Â Â Â Â Section
350.3240(e)
k)
When
the Department finds that a provision of Article II
of the Act
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
of the Act
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)