77 Ill. Adm. Code 390.282
Conditions for Assessment of Penalties
Section 390
Section 390.282Â Conditions
for Assessment of Penalties
The Department shall 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
fewer
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
fewer
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,
that
continues
beyond the time specified in Section 3-303(a)
,
that 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). (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 fewer 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
fewer
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 this
subsection (h)
shall be 3
times those otherwise specified for any facility.
(Section 3-305(9) of the
Act)
i)
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, then 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
390.681
2)Â Â Â Â Â Â Â Â Section
390.700
3)Â Â Â Â Â Â Â Â Section
390.750(b)
4)Â Â Â Â Â Â Â Â Section
390.760
5)Â Â Â Â Â Â Â Â Section
390.1010
6)Â Â Â Â Â Â Â Â Section
390.1040
7)Â Â Â Â Â Â Â Â Section
390.1310
8)Â Â Â Â Â Â Â Â Section
390.1316
9)Â Â Â Â Â Â Â Â Section
390.2740(f)
10)Â Â Â Â Â Â Â Â Section
390.3040(f)
11)Â Â Â Â Â Â Â Â Section
390.3240
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)
l)
In the case of a Type "AA" or Type "A"
violation, a penalty may be assessed from the date on which the violation is
discovered.
m)
In the case of a Type "B" violation or an
administrative warning issued pursuant to Sections 3-401 through 3-413
of
the Act or this Part,
a penalty shall be assessed on the date of notice of
the violation.
n)
In the case of a Type "B" or Type "C"
violation or an administrative warning issued pursuant to Sections 3-401
through 3-413
of the Act
or this Part,
the facility shall submit
a plan of correction as provided in
Section 390.278.
o)
If a plan of correction is approved and carried out for a
Type "C" violation, the fine provided under Section 3-305
of the
Act
shall be suspended for the time period specified in the approved plan of
correction.
p)
If a plan of correction is approved and carried out for a
Type "B" violation or an administrative warning issued pursuant to
Sections 3-401 through 3-413
of the Act or this Part,
with respect to a
violation that continues after the date of notice of violation, the fine
provided under Section 3-305 shall be suspended for the time period specified
in the approved plan of correction.
q)
If a good faith plan of correction is not received within
the time provided by Section 3-303
of the Act
, a penalty may be assessed
from the date of the notice of the Type "B" or "C"
violation or an administrative warning issued pursuant to Sections 3-401
through 3-413
of the Act
or
this Part,
until the date of the receipt
of a good faith plan of correction, or until the date the violation is
corrected, whichever is earlier.
r)
If a violation is not corrected within the time specified
by an approved plan of correction or any lawful extension thereof, a penalty
may be assessed from the date of notice of the violation, until the date the
violation is corrected.
(Section 3-308 of the Act)