Section 2060.396  Sanctions

a)         Failure to comply with the requirements of this Part may result in imposition of a sanction on the DHS/SUPR license.

b)         DHS/SUPR action to impose a sanction may occur during or after the specified time for corrective action when there is failure on the part of the organization to ameliorate all or a portion of the identified violations except in cases in which DHS/SUPR determines that immediate action is necessary to protect the public interest, safety, or welfare.  (See 20 ILCS 301/45-20(a)(1))

c)         Upon conclusion of the period of corrective action, DHS/SUPR shall consider one or more of the following factors in determining whether to pursue a sanction:

1)         The extent and nature of the violations;

2)         The effort made by the organization to respond to a complaint inquiry by DHS/SUPR and the effort to comply with corrective action, including the ability to complete corrective action within the established time frame;

3)         Any history of repeated non-compliance with regulatory requirements; and

4)         The potential for harm to a client/patient/resident or the public as a result of the violations or failure to complete corrective action.

d)         Nothing contained herein shall preclude DHS/SUPR from imposing a sanction against an organization that has complied with corrective action.  In such case, the factors enumerated in subsection (c) shall be considered by DHS/SUPR in determining whether and to what extent the following sanctions should be imposed:

1)         Administrative Warning:  The written administrative warning establishes a probationary period, identifies the violations, the required continued corrective action, and includes a warning that additional violations or lack of corrective action may result in a more severe sanction.  A time frame will be established by DHS/SUPR for completion of the corrective action; however, this time frame shall not preclude DHS/SUPR from requiring a restriction on new admissions and all services during the probationary period if deemed necessary for client/patient/resident safety.

A)        On or before completion of the probationary period specified in the administrative warning, DHS/SUPR shall determine if the organization has successfully addressed or eliminated the violations and is now in good standing.  When this occurs, the organization shall be notified in writing.

B)        If the organization does not complete the corrective action within the probationary period, DHS/SUPR may elect to extend the probation and/or impose additional sanctions as specified in this Section.

2)         Summary Suspension:  If DHS/SUPR finds that there is an imminent danger to the public health or safety which requires emergency action, and if DHS/SUPR incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings which shall be instituted within 14 days to determine whether the summary suspension shall remain in effect until conclusion of a formal hearing on the merits. [20 ILCS 301/45-30].

3)         Suspension:  After a hearing, as specified in Section 2060.398, and formal action by an administrative law judge, DHS/SUPR will issue a license suspension which is a temporary withdrawal of a license or service for a specified time or indefinitely, during which corrective action is taken to rectify violations that led to the suspension.  Upon conclusion of the corrective action, DHS/SUPR will either reinstate or pursue revocation of the license.

4)         Revocation:  After a hearing, as specified in Section 2060.398, and formal action by an administrative law judge, DHS/SUPR will issue a license revocation which is termination of a license or service.  Upon revocation, the organization or any ownership of that revoked organization shall not re-apply for any type of DHS/SUPR license for a period of five years and any such re-application shall contain verifiable proof that violations will not re-occur.