Section 340.1245  Conditions for Assessment of Penalties

The Department shall consider the assessment of a monetary penalty against a facility under the following conditions:

a)         When a notice of violation for a level A violation is issued.

1)         The penalty to be assessed for this violation shall be the greater of the following:

A)        An amount not less than $5000 as determined by the Director or his designee considering the factors outlined in Section 3-306 of the Act.

B)        The total of the following:

i)          $5 per resident in the facility, plus

ii)         $.20 per resident for each day of the violation, commencing on the day on which the notice of violation is received by the facility and ending on the day the violation is corrected. (Section 3-305(1) of the Act)

2)         The facility shall also be issued a conditional license for a period of six months.

b)         When a facility fails to abate or eliminate a level A violation immediately or within the period set by the Department in the notice of violation:

1)         The facility shall be cited for a repeat violation;

2)         The penalty to be assessed shall be three times the penalty computed under subsection (a)(1) of this Section; and

3)         The license of the facility shall be revoked as provided in Section 340.1150.

c)         When a notice of violation for a level B violation is issued.

1)         The penalty to be assessed for this violation shall be the greater of the following:

A)        An amount not less than $500 as determined by the Director or his designee considering the factors outlined in Section 3-306 of the Act.

B)        The total of the following:

i)          $3 per resident in the facility, plus

ii)         $.15 per resident for each day of the violation, commencing on the day on which the notice of violation is received by the facility and ending on the day the violation is corrected. (Section 3-305(2) of the Act)

2)         Upon acceptance of a plan of correction by the Department, assessment of the penalty shall be suspended by the Department. No additional penalty shall be imposed for days during which the plan of correction is in effect.

d)         When a facility fails to correct a level B violation within the time period specified in the plan of correction approved by the Department.

1)         The facility shall be cited for a repeat violation.

2)         The penalty to be assessed shall be computed in accordance with subsection (c)(1) of this Section.  Days during which the plan of correction was in effect shall be included in the calculation of the penalty.

3)         The facility shall also be issued a conditional license for a period of at least six months as provided in Section 340.1150.

e)         When a Notice of Violation is issued for a provision of Article II which 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 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)