Determination to Issue a Notice of Violation or Administrative Warning

Section 390.272  Determination to Issue a Notice of Violation or Administrative Warning a)         Upon receipt of a report of an inspection, survey or evaluation of a facility, the Director or his or her designee will review the findings contained in the report to determine whether the report's findings constitute a violation or violations of which the facility must be given notice .  All information, evidence, and observations made during an inspection, survey or evaluation shall be considered findings or deficiencies.  (Section 3-212(c) of the Act) b)         In making this determination, the Director or his or her designee will consider any comments and documentation provided by the licensee within 10 days after receipt of the copy of the report in accordance with Section 390.200(e). (Section 3-212(c) of the Act) c)         In determining whether the findings warrant the issuance of a notice of violation, the Director or his or her designee will base his or her determination on the following factors: 1) The severity of the finding .  The Director or his or her designee will consider whether the finding constitutes a merely technical non-substantial error or whether the finding is serious enough to constitute an actual violation of the intent and purpose of the Act or this Part. 2) The danger posed to resident health and safety .  The Director or his or her designee will consider whether the finding could pose any direct harm to the residents. 3) The diligence and efforts to correct deficiencies and correction of reported deficiencies by the facility .  The Director or his or her designee will consider comments and documentation provided by the facility evidencing that steps have been taken to correct reported findings and to insure a reduction of deficiencies. 4) The frequency and duration of similar findings in previous reports and the facility's general inspection history .  The Director or his or her designee will consider whether the same finding or a similar finding relating to the same condition or occurrence has been included in previous reports and the facility has allowed the condition or occurrence to continue or to recur.  (Section 3-212(c) of the Act) d)         If the Director or his or her designee determines that the report's findings constitute a violation or violations that do not directly threaten the health, safety, or welfare of a resident or residents, the Department shall issue an administrative warning as provided in Section 390.277. (Section 3-303.2(a) of the Act) e) Violations shall be determined under this Section no later than 90 days after completion of each inspection, survey, and evaluation . (Section 3-212(c) of the Act)