Full Text of HB3035 101st General Assembly
HB3035eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Nursing Home Care Act is amended by changing | 5 | | Section 3-305 as follows:
| 6 | | (210 ILCS 45/3-305) (from Ch. 111 1/2, par. 4153-305)
| 7 | | Sec. 3-305.
The license of a facility which is in violation | 8 | | of this Act
or any rule adopted thereunder may be subject to | 9 | | the penalties or fines
levied by the Department as specified in | 10 | | this Section.
| 11 | | (1) A licensee who commits a Type "AA" violation as defined | 12 | | in Section 1-128.5
is automatically issued a conditional | 13 | | license for a period of 6 months
to coincide with an acceptable | 14 | | plan of correction and assessed a fine up to $25,000 per | 15 | | violation.
| 16 | | (1.5) A licensee who commits a Type "A" violation as | 17 | | defined in Section 1-129 is automatically issued a conditional | 18 | | license for a period of 6 months to coincide with an acceptable | 19 | | plan of correction and assessed a fine of up to $12,500 per | 20 | | violation. | 21 | | (2) A licensee who commits a Type "B" violation as defined | 22 | | in Section 1-130 shall be assessed a fine of up to $1,100 per | 23 | | violation.
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| 1 | | (2.5) A licensee who commits 10 or more Type "C" | 2 | | violations, as defined in Section 1-132, in a single survey | 3 | | shall be assessed a fine of up to $250 per violation. A | 4 | | licensee who commits one or more Type "C" violations with a | 5 | | high risk designation, as defined by rule, shall be assessed a | 6 | | fine of up to $500 per violation. | 7 | | (3) A licensee who commits a Type "AA" or Type "A" | 8 | | violation as defined in Section 1-128.5 or
1-129 which | 9 | | continues beyond the time specified in paragraph (a) of Section
| 10 | | 3-303 which is cited as a repeat violation shall have its | 11 | | license revoked
and shall be assessed a fine of 3 times the | 12 | | fine computed per resident per
day under subsection (1).
| 13 | | (4) A licensee who fails to satisfactorily comply with an | 14 | | accepted
plan of correction for a Type "B" violation or an | 15 | | administrative warning
issued pursuant to Sections 3-401 | 16 | | through 3-413 or the rules promulgated
thereunder shall be | 17 | | automatically issued a conditional license for a period
of not | 18 | | less than 6 months. A second or subsequent acceptable plan of
| 19 | | correction shall be filed. A fine shall be assessed in | 20 | | accordance with
subsection (2) when cited for the repeat | 21 | | violation. This fine shall be
computed for all days of the | 22 | | violation, including the duration of the first
plan of | 23 | | correction compliance time.
| 24 | | (5) For the purpose of computing a penalty under | 25 | | subsections (2) through
(4), the number of residents per day | 26 | | shall be based on the average number
of residents in the |
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| 1 | | facility during the 30 days preceding the discovery
of the | 2 | | violation.
| 3 | | (6) When the Department finds that a provision of Article | 4 | | II has been
violated with regard to a particular resident, the | 5 | | Department shall issue
an order requiring the facility to | 6 | | reimburse the resident for injuries
incurred, or $100, | 7 | | whichever is greater. In the case of a violation
involving any | 8 | | action other than theft of money belonging to a resident,
| 9 | | reimbursement shall be ordered only if a provision of Article | 10 | | II has been
violated with regard to that or any other resident | 11 | | of the facility within
the 2 years immediately preceding the | 12 | | violation in question.
| 13 | | (7) For purposes of assessing fines under this Section, a | 14 | | repeat
violation shall be a violation which has been cited | 15 | | during one inspection
of the facility for which an accepted | 16 | | plan of correction was not complied
with or a new citation of | 17 | | the same rule if the licensee is not substantially addressing | 18 | | the issue routinely
throughout the facility.
| 19 | | (7.5) If an occurrence results in more than one type of | 20 | | violation as defined in this Act (that is, a Type "AA", Type | 21 | | "A", Type "B", or Type "C" violation), the Department shall | 22 | | assess only one fine, which shall not exceed the maximum fine | 23 | | that may be assessed for the most serious type of violation | 24 | | charged. For purposes of the preceding sentence, a Type "AA" | 25 | | violation is the most serious type of violation that may be | 26 | | charged, followed by a Type "A", Type "B", or Type "C" |
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| 1 | | violation, in that order. | 2 | | (8) The minimum and maximum fines that may be assessed | 3 | | pursuant to this Section shall be twice those otherwise | 4 | | specified for any facility that willfully makes a misstatement | 5 | | of fact to the Department, or willfully fails to make a | 6 | | required notification to the Department, if that misstatement | 7 | | or failure delays the start of a surveyor or impedes a survey. | 8 | | (9) High risk designation. If the Department finds that a | 9 | | facility has violated a provision of the Illinois | 10 | | Administrative Code that has a high risk designation, or that a | 11 | | facility has violated the same provision of the Illinois | 12 | | Administrative Code 3 or more times in the previous 12 months, | 13 | | the Department may assess a fine of up to 2 times the maximum | 14 | | fine otherwise allowed. | 15 | | (10) If a licensee has paid a civil monetary penalty | 16 | | imposed pursuant to the Medicare and Medicaid Certification | 17 | | Program for the equivalent federal violation giving rise to a | 18 | | fine under this Section, the Department shall offset the fine | 19 | | by the amount of the civil monetary penalty. The offset may not | 20 | | reduce the fine by more than 75% of the original fine, however. | 21 | | (Source: P.A. 98-104, eff. 7-22-13.)
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