|
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5388
Introduced 2/5/2010, by Rep. Constance A. Howard SYNOPSIS AS INTRODUCED:
|
|
|
|
Amends the MR/DD Community Care Act. Includes the size of the facility licensed under the Act to the list of factors the Director of Public Health is to consider when making a determination as to possible penalties for a violation. Effective July 1, 2010.
|
| |
|
|
|
|
A BILL FOR
|
|
|
|
|
HB5388 |
|
LRB096 17652 KTG 33010 b |
|
|
| 1 |
| AN ACT concerning regulation.
|
| 2 |
| Be it enacted by the People of the State of Illinois,
|
| 3 |
| represented in the General Assembly:
|
| 4 |
| Section 5. The MR/DD Community Care Act is amended by |
| 5 |
| changing Section 3-306 as follows:
|
| 6 |
| (210 ILCS 47/3-306) |
| 7 |
| (This Section may contain text from a Public Act with a |
| 8 |
| delayed effective date)
|
| 9 |
| Sec. 3-306. Factors to be considered in determining |
| 10 |
| penalty. In determining whether a penalty is to be imposed and |
| 11 |
| in fixing the amount of the penalty to be imposed, if any, for |
| 12 |
| a violation, the Director shall consider the following factors: |
| 13 |
| (1) The gravity of the violation, including the |
| 14 |
| probability that death or serious physical or mental harm |
| 15 |
| to a resident will result or has resulted; the severity of |
| 16 |
| the actual or potential harm, and the extent to which the |
| 17 |
| provisions of the applicable statutes or regulations were |
| 18 |
| violated; |
| 19 |
| (2) The reasonable diligence exercised by the licensee |
| 20 |
| and efforts to correct violations; |
| 21 |
| (3) Any previous violations committed by the licensee; |
| 22 |
| and |
| 23 |
| (4) The financial benefit to the facility of committing |