Current through Register Vol. 48, No. 12, March 22, 2024
a)
Before denying a license application, refusing to renew a license, suspending a
license, revoking a license, or assessing an administrative fine, the
Department shall notify the applicant or the licensee in writing. The notice
shall specify the charges or reasons for the Department's contemplated action,
and shall provide the applicant or licensee an opportunity to file a request
for a hearing within 10 days after receiving the notice. (Section 50 of the
Act)
1) A failure to request a hearing within
10 days shall constitute a waiver of the applicant's or licensee's right to a
hearing. (Section 50 of the Act)
2)
The hearing shall be conducted by the Director or an individual designated in
writing by the Director as an Administrative Law Judge, and shall be conducted
in conformance with the Department's Rules of Practice and Procedure in
Administrative Hearings (77 Ill. Adm. Code 100) and Section 65 of the Act.
(Section 55 of the Act)
b) A license may be denied, suspended,
revoked, the renewal of a license may be denied or administrative fine
assessed, for any of the following reasons:
1) Violation of any provision of the Act or
this Part.
2) Conviction of the
owner or operator of the Postsurgical Recovery Care Center Model of a felony or
of any other crime under the laws of any state or of the United States arising
out of or in connection with the operation of a health care facility. The
record of conviction or a certified copy of it shall be conclusive evidence of
conviction.
3) An encumbrance on a
Health Care License issued in Illinois or any other state to the owner or
operator of the Postsurgical Recovery Care Center Model.
4) Revocation of any facility license issued
by the Department during the previous five years or surrender or expiration of
the license during the pendency of action by the Department to revoke or
suspend the license during the previous five years, if the prior license was
issued to the individual applicant or a controlling owner or controlling
combination of owners of the applicant or any affiliate of the individual
applicant or controlling owner of the applicant or affiliate of the applicant
was a controlling owner of the prior license. (Section 45 of the Act)
c) An action to assess an
administrative fine may be initiated in conjunction with or in lieu of other
adverse licensure action.
d) The
amount of an administrative fine shall be determined based on consideration of
the following:
1) The nature and severity of
the violation(s);
2) The Model's
diligence in correcting the violation(s);
3) Whether the Model had been previously
cited for similar violation(s);
4)
The number of violations;
5) The
duration of uncorrected violation(s); and
6) The impact or potential impact of the
violation(s) on patient health and safety.
e) The administrative fine shall be
calculated in relation to the number of days the violation existed, or
continues to exist if it has not been corrected. The total amount of the fine
assessed shall fall within the following parameters:
1) For a violation that occurred as a single
event or incident - between $100 and $5,000 per violation.
2) For a violation that was or is continuing
beyond a single event or incident - between $100 and $500 per day per
violation.