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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Nursing Home Care Act is amended by changing | ||||||
5 | Section 3-310 as follows:
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6 | (210 ILCS 45/3-310) (from Ch. 111 1/2, par. 4153-310)
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7 | Sec. 3-310. Collection of penalties. | ||||||
8 | (a) Except as provided in subsection (b), all All penalties | ||||||
9 | shall be paid to the Department within 10 days
of receipt of | ||||||
10 | notice of assessment or, if the penalty is contested under
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11 | Section 3-309, within 10 days of receipt of the final decision, | ||||||
12 | unless the
decision is appealed and the order is stayed by | ||||||
13 | court order under Section
3-713. A penalty assessed under this | ||||||
14 | Act shall be collected by the
Department and shall be deposited | ||||||
15 | with the State Treasurer into the Long
Term Care | ||||||
16 | Monitor/Receiver Fund. If the person or facility against whom a
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17 | penalty has been assessed does not comply with a written demand | ||||||
18 | for payment
within 30 days, the Director shall issue an order | ||||||
19 | to do any of the following:
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20 | (1) Direct the State Treasurer to deduct the amount of | ||||||
21 | the fine from
amounts otherwise due from the State for the | ||||||
22 | penalty and remit that amount
to the Department;
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23 | (2) Add the amount of the penalty to the facility's |
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1 | licensing fee; if
the licensee refuses to make the payment | ||||||
2 | at the time of application for
renewal of its license, the | ||||||
3 | license shall not be renewed; or
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4 | (3) Bring an action in circuit court to recover the | ||||||
5 | amount of the penalty.
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6 | (b) If the Director determines that it would be in the best | ||||||
7 | interests of the residents of a facility to do so, the Director | ||||||
8 | may require that the facility use the amount of any penalty | ||||||
9 | assessed under this Act for the purpose of implementing a | ||||||
10 | directed plan of correction rather than pay the amount of the | ||||||
11 | penalty to the Department as provided in subsection (a). If the | ||||||
12 | Director requires a facility to use the amount of a penalty for | ||||||
13 | the purpose of implementing a directed plan of correction as | ||||||
14 | provided in this subsection, it is the Department's | ||||||
15 | responsibility to ensure that the facility in fact uses the | ||||||
16 | amount of the penalty for that purpose. | ||||||
17 | (c) With the approval of the federal centers for Medicaid | ||||||
18 | and Medicare
services,
the Director of Public Health shall set | ||||||
19 | aside 50% of the federal civil monetary
penalties collected | ||||||
20 | each year to be used to
award
grants under the Innovations in | ||||||
21 | Long-term Care Quality Grants
Act.
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22 | (Source: P.A. 92-784, eff. 8-6-02.)
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23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
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