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90_HB0049
210 ILCS 45/3-305 from Ch. 111 1/2, par. 4153-305
Amends the Nursing Home Care Act. Provides that if
death, serious mental or physical harm, permanent disability,
or disfigurement results from a repeat type A violation of
this Act, the licensee shall be assessed a fine of not less
than $20,000.
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1 AN ACT to amend the Nursing Home Care Act by changing
2 Section 3-305.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Nursing Home Care Act is amended by
6 changing Section 3-305 as follows:
7 (210 ILCS 45/3-305) (from Ch. 111 1/2, par. 4153-305)
8 Sec. 3-305. Penalties. The license of a facility which is
9 in violation of this Act or any rule adopted thereunder may
10 be subject to the penalties or fines levied by the Department
11 as specified in this Section.
12 (1) Unless a greater penalty or fine is allowed under
13 subsection (3), a licensee who commits a Type "A" violation
14 as defined in Section 1-129 is automatically issued a
15 conditional license for a period of 6 months to coincide with
16 an acceptable plan of correction and assessed a fine computed
17 at a rate of $5.00 per resident in the facility plus 20 cents
18 per resident for each day of the violation, commencing on the
19 date a notice of the violation is served under Section 3-301
20 and ending on the date the violation is corrected, or a fine
21 of not less than $5,000, or when death, serious mental or
22 physical harm, permanent disability, or disfigurement
23 results, a fine of not less than $10,000, whichever is
24 greater.
25 (2) A licensee who commits a Type "B" violation or who
26 is issued an administrative warning for a violation of
27 Sections 3-401 through 3-413 or the rules promulgated
28 thereunder is subject to a penalty computed at a rate of $3
29 per resident in the facility, plus 15 cents per resident for
30 each day of the violation, commencing on the date a notice of
31 the violation is served under Section 3-301 and ending on the
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1 date the violation is corrected, or a fine not less than
2 $500, whichever is greater. Such fine shall be assessed on
3 the date of notice of the violation and shall be suspended
4 for violations that continue after such date upon completion
5 of a plan of correction in accordance with Section 3-308 in
6 relation to the assessment of fines and correction. Failure
7 to correct such violation within the time period approved
8 under a plan of correction shall result in a fine and
9 conditional license as provided under subsection (5).
10 (3) A licensee who commits a Type "A" violation as
11 defined in Section 1-129 which continues beyond the time
12 specified in paragraph (a) of Section 3-303 which is cited as
13 a repeat violation shall have its license revoked and shall
14 be assessed a fine of 3 times the fine computed per resident
15 per day under subsection (1). In addition to any other fines
16 assessed under this subsection, if death, serious mental or
17 physical harm, permanent disability, or disfigurement results
18 from a violation cited as a repeat violation, the licensee
19 shall be assessed a fine of not less than $20,000.
20 (4) A licensee who fails to satisfactorily comply with
21 an accepted plan of correction for a Type "B" violation or an
22 administrative warning issued pursuant to Sections 3-401
23 through 3-413 or the rules promulgated thereunder shall be
24 automatically issued a conditional license for a period of
25 not less than 6 months. A second or subsequent acceptable
26 plan of correction shall be filed. A fine shall be assessed
27 in accordance with subsection (2) when cited for the repeat
28 violation. This fine shall be computed for all days of the
29 violation, including the duration of the first plan of
30 correction compliance time.
31 (5) For the purpose of computing a penalty under
32 subsections (2) through (4), the number of residents per day
33 shall be based on the average number of residents in the
34 facility during the 30 days preceding the discovery of the
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1 violation.
2 (6) When the Department finds that a provision of
3 Article II has been violated with regard to a particular
4 resident, the Department shall issue an order requiring the
5 facility to reimburse the resident for injuries incurred, or
6 $100, whichever is greater. In the case of a violation
7 involving any action other than theft of money belonging to a
8 resident, reimbursement shall be ordered only if a provision
9 of Article II has been violated with regard to that or any
10 other resident of the facility within the 2 years immediately
11 preceding the violation in question.
12 (7) For purposes of assessing fines under this Section,
13 a repeat violation shall be a violation which has been cited
14 during one inspection of the facility for which an accepted
15 plan of correction was not complied with. A repeat violation
16 shall not be a new citation of the same rule, unless the
17 licensee is not substantially addressing the issue routinely
18 throughout the facility.
19 (Source: P.A. 86-407; 87-549; 87-1056.)