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Current as of January 01, 2025 | Updated by Findlaw Staff
§ 3-308. Time of assessment; plan of correction. In the case of a Type “AA” or Type “A” violation, a penalty may be assessed from the date on which the violation is discovered. In the case of a Type “B” or Type “C” violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder, the facility shall submit a plan of correction as provided in Section 3-303. In the case of a Type “B” violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder, a penalty shall be assessed on the date of notice of the violation, but the Director may reduce the amount or waive such payment for any of the following reasons:
(a) The facility submits a true report of correction within 10 days;
(b) The facility submits a plan of correction within 10 days and subsequently submits a true report of correction within 15 days thereafter;
(c) The facility submits a plan of correction within 10 days which provides for a correction time that is less than or equal to 30 days and the Department approves such plan; or
(d) The facility submits a plan of correction for violations involving substantial capital improvements which provides for correction within the initial 90 day limit provided under Section 3-303. The Director shall consider the following factors in determinations to reduce or waive such penalties:
(1) The violation has not caused actual harm to a resident;
(2) The facility has made a diligent effort to correct the violation and to prevent its recurrence;
(3) The facility has no record of a pervasive pattern of the same or similar violations; and
(4) The facility has a record of substantial compliance with this Act and the regulations promulgated hereunder.
If a plan of correction is approved and carried out for a Type “C” violation, the fine provided under Section 3-305 shall be suspended for the time period specified in the approved plan of correction. If a plan of correction is approved and carried out for a Type “B” violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder, with respect to a violation that continues after the date of notice of violation, the fine provided under Section 3-305 shall be suspended for the time period specified in the approved plan of correction.
If a good faith plan of correction is not received within the time provided by Section 3-303, a penalty may be assessed from the date of the notice of the Type “B” or “C” violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder served under Section 3-301 until the date of the receipt of a good faith plan of correction, or until the date the violation is corrected, whichever is earlier. If a violation is not corrected within the time specified by an approved plan of correction or any lawful extension thereof, a penalty may be assessed from the date of notice of the violation, until the date the violation is corrected.
Cite this article: FindLaw.com - Illinois Statutes Chapter 210. Health Facilities and Regulation § 47/3-308. Time of assessment; plan of correction - last updated January 01, 2025 | https://codes.findlaw.com/il/chapter-210-health-facilities-and-regulation/il-st-sect-210-47-3-308/
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