Ill. Admin. Code tit. 77, § 300.140 - Issuance of an Initial License for a New Facility

a) Upon receipt and review of an application for a license made under the Act and inspection of the applicant facility under the Act, the Director will issue a probationary license if the Director finds that:

1) The individual applicant, or the corporation, partnership or other entity if the applicant is not an individual, is a person responsible and suitable to operate or to direct or participate in the operation of a facility by virtue of financial capacity, appropriate business or professional experience, a record of compliance with lawful orders of the Department and lack of revocation of a license during the previous five years;

2) The facility is under the supervision of an administrator who is licensed, if required, under the Nursing Home Administrators Licensing and Disciplinary Act; and

3) The facility is in substantial compliance with the Act and this Part. (Section 3-109 of the Act)

b) If the applicant has not been previously licensed or if the facility is not in operation at the time application is made, the Department will issue only a probationary license. A probationary license shall be valid for 120 days unless sooner suspended or revoked under Section 3-119 of the Act. (Section 3-116 of the Act.

c) Within 30 days prior to the termination of a probationary license, the Department will fully and completely inspect the facility and, if the facility meets the applicable requirements for licensure, will issue a license under Section 3-109 of the Act, except that, during a statewide public health emergency, as defined in the Illinois Emergency Management Agency Act, the Department will fully and completely inspect the facility within appropriate time frames to the extent feasible. (Section 3-116 of the Act) If the facility is not in compliance and satisfactory progress toward compliance is not being made, the Department will allow the probationary license to expire.

d) If the Department finds that the facility does not meet the requirements for licensure but has made substantial progress toward meeting those requirements, the license may be renewed once for a period not to exceed 120 days from the expiration date of the initial probationary license. (Section 3-116 of the Act) Under no condition will more than two successive probationary licenses be issued.

e) The licensee shall qualify for issuance of a two-year license if the licensee has met the criteria contained in Section 3-110(b) of the Act for the last twenty-four consecutive months.

Notes

Ill. Admin. Code tit. 77, § 300.140

Amended at 18 Ill. Reg. 1491, effective January 14, 1994

Amended at 48 Ill. Reg. 3317, effective 2/16/2024