Current through Register Vol. 48, No. 12, March 22, 2024
a)
Any
person establishing, constructing, or modifying a health care facility or
portion thereof without obtaining a required permit, or in violation of the
terms of the required permit, shall not be eligible to apply for any necessary
operating licenses or be eligible for payment by any State agency for services
rendered in that facility or portion thereof until the required permit is
obtained. [20
ILCS 3960/13.1 ]
b)
Any person acquiring major medical
equipment or establishing, constructing or modifying a health care facility
without a permit issued under the Act or in violation of the terms of such a
permit is guilty of a business offense and may be fined up to $25,000.
[20
ILCS 3960/14 ]
c) HFSRB may deny an application for
permit or may revoke or take other action as permitted by the Act with regard
to a permit as HFSRB deems necessary, including the imposition
of fines. [20
ILCS 3960/14.1(a) ]
d) HFSRB may impose fines as
specified below for the enumerated violations:
1)
A permit holder who fails to
comply with the requirements for maintaining a valid permit shall be fined an
amount not to exceed 1% of the approved permit amount, plus an additional 1% of
the approved permit amount for each 30-day period, or fraction thereof, that
the violation continues. [20
ILCS 3960/14.1(b)(1) ]
2)
A permit holder who alters the
scope and size of an approved project or whose project costs exceed the
allowable permit amount without first obtaining HFSRB
approval
shall be fined an amount not to exceed the sum of:
A)
The lesser of $25,000 or 2% of the
approved permit amount; and
B)
In those cases where the approved
permit amount is exceeded by more than $1,000,000, an additional $20,000 for
each $1,000,000, or fraction thereof, in excess of the approved permit
amount. [20
ILCS 3960/14.1(b)(2) ]
3)
A permit holder who
fails to comply with the post-permit and reporting requirements set forth in
Section 5 shall be fined an amount not to exceed $10,000 plus an additional
$10,000 for each 30-day period, or fraction thereof, that the violation
continues. This fine shall continue to accrue until the date that the
post-permit requirements are met and the post-permit reports are received by
the State Board, or until the matter is referred by the State
Board to the State Board's legal counsel. The accrued fine is not waived by the
permit holder submitting the required information and reports. Prior to any
fine beginning to accrue, the Board shall notify, in writing, a permit holder
of the due date for the post-permit and reporting requirements no later than 30
days before the due date for the requirements. [20
ILCS 3960/14.1(b) (2.5 )]
4)
A person who acquires major
medical equipment or who establishes a category of service without first
obtaining a permit or exemption, as the case might be, shall be fined an amount
not to exceed $10,000 for each such acquisition or category of service
established plus an additional $10,000 for each 30-day period, or fraction
thereof, that the violation continues. [20
ILCS 3960/14.1(b) (3)]
5)
A person who constructs, modifies,
establishes, or changes ownership of a health care facility without first
obtaining a permit or exemption shall be fined an amount not to exceed $25,000
plus an additional $25,000 for each 30-day period, or fraction thereof, that
the violation continues. [20
ILCS 3960/14.1(b)(4) ]
6)
A person who discontinues a health
care facility or category of service without first obtaining a permit or
exemption shall be fined an amount not to exceed $10,000 plus an additional
$10,000 for each 30-day period, or fraction thereof, that the violation
continues.Facilities licensed under the Nursing Home Care Act
or the MR/DD Community Care Act, with exception of facilities operated by a
county or Illinois Veterans Homes, are exempt from this permit requirement.
However, facilities licensed under the Nursing Home Care Act or the MR/DD
Community Care Act must comply with Section 3-423 of the Nursing Home Care Act
or Section 3-423 of the MR/DD Community Care Act and must provide the Board
with 30-days' written notice of its intent to close. [20
ILCS 3960/14.1(b)(5) ]
7)
A person subject to the
Act who fails to provide information requested by HFSRB or its
staff within 30 days after a formal written request shall be fined an
amount not to exceed $1,000, plus an additional $1,000 for each 30-day period,
or fraction thereof, that the information is not received by HFSRB or
its staff. [20
ILCS 3960/14.1(b)(6) ]
e) If an individual or entity has
failed to comply with the Act or HFSRB rules and has been notified by HFSRB
about an allegation of noncompliance, this shall provide a basis for HFSRB to
defer consideration of any and all applications, rulings, or advisory opinions
filed before HFSRB until the noncompliant matter is resolved.
f) Failure to pay any fine imposed under this
Section within 30 days after its imposition, or by a specified date if the
default of payment extends past 30 days, shall subject the person to other
sanctions permitted by the Act as HFSRB deems appropriate.
g) If an individual, entity or person who has
failed to comply with the Act or HFSRB rules, waives his or her right to an
administrative hearing regarding the noncompliance and waives an opportunity to
appear before HFSRB to respond to the noncompliance matters, HFSRB is
authorized to use in-kind services to reduce the fines in the negotiation of
settlements.