Ill. Admin. Code tit. 77, § 390.165 - Criteria for Adverse Licensure Actions
a) Adverse licensure actions are
determinations to deny the issuance of an initial license, to deny the issuance
of a renewal of a license, to impose a ban on admissions to a facility, or to
revoke the current license of a facility.
b) A determination by the Director or the
Director's designee to take adverse licensure action against a facility will be
based on a finding that one or more of the following criteria are met:
1) A substantial failure to comply with the
Act or this Part. For purposes of this provision, substantial failure is a
failure to meet the requirements of this Part that is other than a variance
from strict and literal performance and that results only in unimportant
omissions or defects given the particular circumstances involved. A
substantial failure by the facility shall include, but not be limited to, the
following:
A)
Termination of
Medicare or Medicaid certification by the Centers for Medicare and Medicaid
Services; or
B)
A
failure by the facility to pay any fine assessed under this Act after the
Department has sent to the facility and licensee at least 2 notices of
assessment that include a schedule of payments as determined by the Department,
taking into account extenuating circumstances and financial hardships of the
facility. (Section 3-119(a)(1) of the Act)
2)
Conviction of the licensee, or of
the person designated to manage or supervise the facility, of a felony, or of 2
or more misdemeanors involving moral turpitude, during the previous 5 years as
shown by a certified copy of the record of the court of conviction.
(Section 3-119(a)(2) of the Act)
3)
The moral character of the licensee, administrator, manager, or supervisor of
the facility is not reputable. Evidence to be considered will include
verifiable statements by residents of a facility, law enforcement officials, or
other persons with knowledge of the individual's character. In addition, the
definition afforded to the terms "reputable," "unreputable," and "irreputable"
by the circuit courts of the State of Illinois shall apply when appropriate to
the given situation. For purposes of this Section, a manager or supervisor of
the facility is an individual with responsibility for the overall management,
direction, coordination, or supervision of the facility or the facility
staff.
4)
Personnel is
insufficient in number or unqualified by training or experience to properly
care for the number and type of residents served by the facility.
Requirements in this Part concerning personnel, including Sections
390.810,
390.820,
390.830,
390.1030,
390.1040 and
390.1050, will be considered in
making this determination. (Section 3-119(a)(3) of the Act)
5)
Financial or other resources are
insufficient to conduct and operate the facility in accordance with
the Act and this Part. Financial information and changes in financial
information provided by the facility under Section
390.120(e) and
under Section 3-208 of the Act will be considered in making this determination.
(Section 3-119(a)(4) of the Act)
6)
The facility is not under the direct supervision of a full-time
administrator as required by Section
390.500. (Section 3-119(a)(5) of
the Act)
7) The facility has
violated the rights of residents of the facility by any of the following
actions:
A) A pervasive pattern of cruelty or
indifference to residents has occurred in the facility.
B) The facility has appropriated the property
of a resident or has converted a resident's property for the facility's use
without the written consent of the resident or the resident's legal
guardian.
C) The facility has
secured property, or a bequest of property, from a resident by undue
influence.
8) The
facility knowingly submitted false information either on the licensure or
renewal application forms or during the course of an inspection or survey of
the facility.
9) The facility has
refused to allow an inspection or survey of the facility by agents of the
Department.
10)
The
facility has committed 2 Type "AA" violations within a 2-year period.
(Section 3-119(a)(6) of the Act)
11)
The facility has committed a Type
"AA" violation while the facility is listed as a "distressed
facility". (Section 3-119(a)(7) of the Act)
c) The Director or the Director's designee
will consider all available evidence at the time of the determination,
including the history of the facility and the applicant in complying with the
Act and this Part, notices of violations that have been issued to the facility
and the applicant, findings of surveys and inspections, and any other evidence
provided by the facility, residents, law enforcement officials and other
interested individuals.
Notes
Amended at 13 Ill. Reg. 6301, effective April 17, 1989
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