{"data":{"id":"us-il/210-ilcs-45-3-308","jurisdiction":"us-il","citation":"210 ILCS 45/3-308","heading":"","body":"In the case of a Type \"A\" violation, a penalty may be assessed from the date on which the violation is discovered. In the case of a Type \"B\" or Type \"C\" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder, the facility shall submit a plan of correction as provided in Section 3-303.\nIn the case of a Type \"B\" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder, a penalty shall be assessed on the date of notice of the violation, but the Director may reduce the amount or waive such payment for any of the following reasons:\n(a) The facility submits a true report of correction within 10 days;\n(b) The facility submits a plan of correction within 10 days and subsequently submits a true report of correction within 15 days thereafter;\n(c) The facility submits a plan of correction within 10 days which provides for a correction time that is less than or equal to 30 days and the Department approves such plan; or\n(d) The facility submits a plan of correction for violations involving substantial capital improvements which provides for correction within the initial 90 day limit provided under Section 3-303.\nThe Director or his or her designee may reallocate the amount of a penalty assessed pursuant to Section 3-305. A facility shall submit to the Director a written request for a penalty reduction, in a form prescribed by the Department, which includes an accounting of all costs for goods and services purchased in correcting the violation. The amount by which a penalty is reduced may not be greater than the amount of the costs reported by the facility. A facility that accepts a penalty reallocation under this Section waives its right to dispute a notice of violation and any remaining fine or penalty in an administrative hearing. The Director shall consider the following factors:\n(1) The violation has not caused actual harm to a resident.\n(2) The facility has made a diligent effort to correct the violation and to prevent its recurrence.\n(3) The facility has no record of a pervasive pattern of the same or similar violations.\n(4) The facility did not benefit financially from committing or continuing the violation.\nAt least annually, and upon request, the Department shall provide a list of all reallocations and the reasons for those reallocations.\nIf a plan of correction is approved and carried out for a Type \"C\" violation, the fine provided under Section 3-305 shall be suspended for the time period specified in the approved plan of correction. If a plan of correction is approved and carried out for a Type \"B\" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder, with respect to a violation that continues after the date of notice of violation, the fine provided under Section 3-305 shall be suspended for the time period specified in the approved plan of correction.\nIf a good faith plan of correction is not received within the time provided by Section 3-303, a penalty may be assessed from the date of the notice of the Type \"B\" or \"C\" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder served under Section 3-301 until the date of the receipt of a good faith plan of correction, or until the date the violation is corrected, whichever is earlier. If a violation is not corrected within the time specified by an approved plan of correction or any lawful extension thereof, a penalty may be assessed from the date of notice of the violation, until the date the violation is corrected.","path":["CHAPTER 210 HEALTH FACILITIES AND REGULATION","Nursing Home Care Act."],"source_url":"https://www.ilga.gov/legislation/ILCS/details?ActID=1225\u0026ChapterID=21\u0026ChapAct=FullText\u0026Print=True","current_through":"at least Public Act 104-790","vintage":"","retrieved_at":"2026-09-15T04:46:29Z","sha256":"4c61ec24e0c76882d310127892bac6fa89515aeba1405efce5b49de49e3f6233","source_id":"us-il","stale":false,"prev":"us-il/210-ilcs-45-3-307","next":"us-il/210-ilcs-45-3-308.5"},"notice":"GroundRules: Original legal text. Not legal advice."}