Sec. 3-119. Suspension, revocation, or refusal to renew license.

633 words·~3 min read·/il/chapter-210/act-46/3-119

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(a)The Department, after notice to the applicant or licensee, may suspend, revoke or refuse to renew a license in any case in which the Department finds any of the following:

(1)There has been a substantial failure to comply with this Act or the rules and

regulations promulgated by the Department under this Act. A substantial failure by a facility shall include, but not be limited to, any of 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.

(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.

(3)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.

(4)Financial or other resources are insufficient to conduct and operate the facility in

accordance with standards promulgated by the Department under this Act.

(5)The facility is not under the direct supervision of a full time administrator, as

defined by regulation, who is licensed, if required, under the Nursing Home Administrators Licensing and Disciplinary Act.

(6)The facility has committed 2 Type "AA" violations within a 2-year period.

(7)The facility has committed a Type "AA" violation while the facility is listed as a

"distressed facility".

(b)Notice under this Section shall include a clear and concise statement of the violations on which the nonrenewal or revocation is based, the statute or rule violated and notice of the opportunity for a hearing under Section 3-703.

(c)If a facility desires to contest the nonrenewal or revocation of a license, the facility shall, within 10 days after receipt of notice under subsection

(b)of this Section, notify the Department in writing of its request for a hearing under Section 3-703. Upon receipt of the request the Department shall send notice to the facility and hold a hearing as provided under Section 3-703.

(d)The effective date of nonrenewal or revocation of a license by the Department shall be any of the following:

(1)Until otherwise ordered by the circuit court, revocation is effective on the date

set by the Department in the notice of revocation, or upon final action after hearing under Section 3-703, whichever is later.

(2)Until otherwise ordered by the circuit court, nonrenewal is effective on the date of

expiration of any existing license, or upon final action after hearing under Section 3-703, whichever is later; however, a license shall not be deemed to have expired if the Department fails to timely respond to a timely request for renewal under this Act or for a hearing to contest nonrenewal under paragraph (c).

(3)The Department may extend the effective date of license revocation or expiration in

any case in order to permit orderly removal and relocation of residents.

The Department may refuse to issue or may suspend the license of any person who fails to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied.