Illinois Administrative Code
Title 77 - PUBLIC HEALTH
Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE
Subpart A - GENERAL PROVISIONS
Section 390.278 - Plans of Correction
Current through Register Vol. 48, No. 12, March 22, 2024
a) The situation, condition or practice constituting a Type "AA" violation or a Type "A" violation shall be abated or eliminated immediately unless a fixed period of time, not exceeding 15 days, as determined by the Department and specified in the notice of violation, is required for correction. (Section 3-303(a) of the Act)
b) The facility shall have 10 days after receipt of notice of violation for a Type "B" violation, or after receipt of a notice under Section 390.277(e) of failure to correct a situation, condition, or practice that resulted in the issuance of an administrative warning, to prepare and submit a plan of correction to the Department. (Section 3-303(b) of the Act)
c) Within the 10-day period, a facility may request additional time for submission of the plan of correction. The Department will extend the period for submission of the plan of correction for an additional 30 days, when it finds that corrective action by a facility to abate or eliminate the violation will require substantial capital improvement. The Department will consider the extension and complexity of necessary physical plant repairs and improvements and any impact on the health, safety, or welfare of the residents of the facility in determining whether to grant a requested extension. (Section 3-303(b) of the Act)
d) No person shall intentionally fail to correct, or interfere with the correction of, a Type "AA", Type "A", or Type "B" violation within the time specified on the notice or approved plan of correction under the Act as the maximum period given for correction, unless an extension is granted pursuant to subsection (c) and the corrections are made before expiration of extension. A violation of this subsection (d) is a business offense, punishable by a fine not to exceed $10,000, except as otherwise provided in subsection (2) of Section 3-103 of the Act and Section 390.120(c) as to submission of false or misleading information in a license application. (Section 3-318(a)(1) and (b) of the Act)
e) Each plan or correction shall be based on an assessment by the facility of the conditions or occurrences that are the basis of the violation and an evaluation of the practices, policies, and procedures that have caused or contributed to the conditions or occurrences. The facility shall maintain evidence of the assessment and evaluation. Each plan of correction shall include:
f) Submission of a plan of correction shall not be considered an admission by the facility that the violation has occurred.
g) The Department will review each plan of correction to ensure that it provides for the abatement, elimination, or correction of the violation. The Department will reject a submitted plan only if it finds any of the following deficiencies:
h) When the Department rejects a submitted plan of correction, it will notify the facility. The notice of rejection shall be in writing and shall specify the reason for the rejection. The facility shall have 10 days after receipt of the notice of rejection in which to submit a modified plan. (Section 3-303(b) of the Act)
i) If a facility fails to submit a plan or modified plan meeting the criteria in subsection (e) within the prescribed time periods in subsection (b) or (c), or anytime the Department issues a Type "AA", a Type "A", or repeat Type "B" violation, the Department will impose an approved plan of correction.
j) The Department will verify the completion of the corrective action required by the plan of correction within the specified time period during subsequent investigations, surveys and evaluations of the facility.