Illinois Compiled Statutes
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210 ILCS 85/7
(210 ILCS 85/7)
(from Ch. 111 1/2, par. 148)
(a) The Director after notice and opportunity for hearing to the
applicant or licensee may deny, suspend, or revoke a permit to establish a
hospital or deny, suspend, or revoke a license to open, conduct, operate,
and maintain a hospital in any case in which he finds that there has been a
substantial failure to comply with the provisions of this Act, the Hospital
Report Card Act, or the Illinois Adverse Health Care Events Reporting Law of 2005 or the standards, rules, and regulations established by
virtue of any of those Acts. The Department may impose fines on hospitals, not to exceed $500 per occurrence, for failing to (1) initiate a criminal background check on a patient that meets the criteria for hospital-initiated background checks or (2) report the death of a person known to be a resident of a facility licensed under the ID/DD Community Care Act or the MC/DD Act to the coroner or medical examiner within 24 hours as required by Section 6.09a of this Act. In assessing whether to impose such a fine for failure to initiate a criminal background check, the Department shall consider various factors including, but not limited to, whether the hospital has engaged in a pattern or practice of failing to initiate criminal background checks. Money from fines shall be deposited into the Long Term Care Provider Fund.
(a-5) If a hospital demonstrates a pattern or practice of failing to substantially comply with the requirements of Section 10.10 or the hospital's written staffing plan, the hospital shall provide a plan of correction to the Department within 60 days. The Department may impose fines as follows: (i) if a hospital fails to implement a written staffing plan for nursing services, a fine not to exceed $500 per occurrence may be imposed; (ii) if a hospital demonstrates a pattern or practice of failing to substantially comply with a plan of correction within 60 days after the plan takes effect, a fine not to exceed $500 per occurrence may be imposed; and (iii) if a hospital demonstrates for a second or subsequent time a pattern or practice of failing to substantially comply with a plan of correction within 60 days after the plan takes effect, a fine not to exceed $1,000 per occurrence may be imposed. Reports of violations of Section 10.10 shall be subject to public disclosure under Section 6.14a. Money from fines within this subsection (a-5) shall be deposited into the Hospital Licensure Fund, and money from fines for violations of Section 10.10 shall be used for scholarships under the Nursing Education Scholarship Law.
(b) Such notice shall be effected by registered mail or by personal
service setting forth the particular reasons for the proposed action and
fixing a date, not less than 15 days from the date of such mailing or
service, at which time the applicant or licensee shall be given an
opportunity for a hearing. Such hearing shall be conducted by the Director
or by an employee of the Department designated in writing by the Director
as Hearing Officer to conduct the hearing. On the basis of any such
hearing, or upon default of the applicant or licensee, the Director shall
make a determination specifying his findings and conclusions. In case of a
denial to an applicant of a permit to establish a hospital, such
determination shall specify the subsection of Section 6 under which the
permit was denied and shall contain findings of fact forming the basis of
such denial. A copy of such determination shall be sent by registered mail
or served personally upon the applicant or licensee. The decision denying,
suspending, or revoking a permit or a license shall become final 35 days
after it is so mailed or served, unless the applicant or licensee, within
such 35 day period, petitions for review pursuant to Section 13.
(c) The procedure governing hearings authorized by this Section shall be
in accordance with rules promulgated by the Department and approved by the
Hospital Licensing Board. A full and complete record shall be kept of all
proceedings, including the notice of hearing, complaint, and all other
documents in the nature of pleadings, written motions filed in the
proceedings, and the report and orders of the Director and Hearing Officer.
All testimony shall be reported but need not be transcribed unless the
decision is appealed pursuant to Section 13. A copy or copies of the
transcript may be obtained by any interested party on payment of the cost
of preparing such copy or copies.
(d) The Director or Hearing Officer shall upon his own motion, or on the
written request of any party to the proceeding, issue subpoenas requiring
the attendance and the giving of testimony by witnesses, and subpoenas
duces tecum requiring the production of books, papers, records, or
memoranda. All subpoenas and subpoenas duces tecum issued under the terms
of this Act may be served by any person of full age. The fees of witnesses
for attendance and travel shall be the same as the fees of witnesses before
the Circuit Court of this State, such fees to be paid when the witness is
excused from further attendance. When the witness is subpoenaed at the
instance of the Director, or Hearing Officer, such fees shall be paid in
the same manner as other expenses of the Department, and when the witness
is subpoenaed at the instance of any other party to any such proceeding the
Department may require that the cost of service of the subpoena or subpoena
duces tecum and the fee of the witness be borne by the party at whose
instance the witness is summoned. In such case, the Department in its
discretion, may require a deposit to cover the cost of such service and
witness fees. A subpoena or subpoena duces tecum issued as aforesaid shall
be served in the same manner as a subpoena issued out of a court.
(e) Any Circuit Court of this State upon the application of the
Director, or upon the application of any other party to the proceeding,
may, in its discretion, compel the attendance of witnesses, the production
of books, papers, records, or memoranda and the giving of testimony before
the Director or Hearing Officer conducting an investigation or holding a
hearing authorized by this Act, by an attachment for contempt, or
otherwise, in the same manner as production of evidence may be compelled
before the court.
(f) The Director or Hearing Officer, or any party in an investigation or
hearing before the Department, may cause the depositions of witnesses
within the State to be taken in the manner prescribed by law for like
depositions in civil actions in courts of this State, and to that end
compel the attendance of witnesses and the production of books, papers,
records, or memoranda.
(Source: P.A. 102-641, eff. 8-27-21.)