HB5388 96TH GENERAL ASSEMBLY

LRB096 17652 KTG 33010 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5388

Introduced 2/5/2010, by Rep. Constance A. Howard

SYNOPSIS AS INTRODUCED:

210 ILCS 47/3-306

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

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The MR/DD Community Care Act is amended by changing Section 3-306 as follows:

(210 ILCS 47/3-306)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 3-306. Factors to be considered in determining penalty. In determining whether a penalty is to be imposed and in fixing the amount of the penalty to be imposed, if any, for a violation, the Director shall consider the following factors:

(1) The gravity of the violation, including the probability that death or serious physical or mental harm to a resident will result or has resulted; the severity of the actual or potential harm, and the extent to which the provisions of the applicable statutes or regulations were violated;

(2) The reasonable diligence exercised by the licensee and efforts to correct violations;

(3) Any previous violations committed by the licensee; and

(4) The financial benefit to the facility of committing or continuing the violation; and .

(5) The size of the facility.

(Source: P.A. 96-339, eff. 7-1-10.)

Section 99. Effective date. This Act takes effect July 1, 2010.