(210 ILCS 47/3‑103)
(This Section may contain text from a Public Act with a delayed effective date)
Sec. 3‑103. Application for license; financial statement. The procedure for obtaining a valid license shall be as follows:
(1) Application to operate a facility shall be made
| to the Department on forms furnished by the Department. | |
(2) All license applications shall be accompanied |
| with an application fee. The fee for an annual license shall be $995. Facilities that pay a fee or assessment pursuant to Article V‑C of the Illinois Public Aid Code shall be exempt from the license fee imposed under this item (2). The fee for a 2‑year license shall be double the fee for the annual license set forth in the preceding sentence. The fees collected shall be deposited with the State Treasurer into the Long Term Care Monitor/Receiver Fund, which has been created as a special fund in the State treasury. This special fund is to be used by the Department for expenses related to the appointment of monitors and receivers as contained in Sections 3‑501 through 3‑517. At the end of each fiscal year, any funds in excess of $1,000,000 held in the Long Term Care Monitor/Receiver Fund shall be deposited in the State's General Revenue Fund. The application shall be under oath and the submission of false or misleading information shall be a Class A misdemeanor. The application shall contain the following information: | |
(a) The name and address of the applicant if an |
| individual, and if a firm, partnership, or association, of every member thereof, and in the case of a corporation, the name and address thereof and of its officers and its registered agent, and in the case of a unit of local government, the name and address of its chief executive officer; | |
(b) The name and location of the facility for |
| which a license is sought; | |
(c) The name of the person or persons under whose |
| management or supervision the facility will be conducted; | |
(d) The number and type of residents for which |
| maintenance, personal care, or nursing is to be provided; and | |
(e) Such information relating to the number, |
| experience, and training of the employees of the facility, any management agreements for the operation of the facility, and of the moral character of the applicant and employees as the Department may deem necessary. | |
(3) Each initial application shall be accompanied by |
| a financial statement setting forth the financial condition of the applicant and by a statement from the unit of local government having zoning jurisdiction over the facility's location stating that the location of the facility is not in violation of a zoning ordinance. An initial application for a new facility shall be accompanied by a permit as required by the Illinois Health Facilities Planning Act. After the application is approved, the applicant shall advise the Department every 6 months of any changes in the information originally provided in the application. | |
(4) Other information necessary to determine the |
| identity and qualifications of an applicant to operate a facility in accordance with this Act shall be included in the application as required by the Department in regulations. | |
(Source: P.A. 96‑339, eff. 7‑1‑10.) |
(210 ILCS 47/3‑109)
(This Section may contain text from a Public Act with a delayed effective date)
Sec. 3‑109. Issuance of license based on Director's findings. Upon receipt and review of an application for a license made under this Article and inspection of the applicant facility under this Article, the Director shall issue a license if he or she finds:
(1) That the individual applicant, or the
| corporation, partnership or other entity if the applicant is not an individual, is a person responsible and suitable to operate or to direct or participate in the operation of a facility by virtue of financial capacity, appropriate business or professional experience, a record of compliance with lawful orders of the Department and lack of revocation of a license during the previous 5 years; | |
(2) That the facility is under the supervision of an |
| administrator who is licensed, if required, under the Nursing Home Administrators Licensing and Disciplinary Act, as now or hereafter amended; and | |
(3) That the facility is in substantial compliance |
| with this Act, and such other requirements for a license as the Department by rule may establish under this Act. | |
(Source: P.A. 96‑339, eff. 7‑1‑10.) |
(210 ILCS 47/3‑110)
(This Section may contain text from a Public Act with a delayed effective date)
Sec. 3‑110. Contents and period of license.
(a) Any license granted by the Director shall state the maximum bed capacity for which it is granted, the date the license was issued, and the expiration date. Except as provided in subsection (b), such licenses shall normally be issued for a period of one year. However, the Director may issue licenses or renewals for periods of not less than 6 months nor more than 18 months for facilities with annual licenses and not less than 18 months nor more than 30 months for facilities with 2‑year licenses in order to distribute the expiration dates of such licenses throughout the calendar year, and fees for such licenses shall be prorated on the basis of the portion of a year for which they are issued. Each license shall be issued only for the premises and persons named in the application and shall not be transferable or assignable.
The Department shall require the licensee to comply with the requirements of a court order issued under Section 3‑515, as a condition of licensing.
(b) A license for a period of 2 years shall be issued to a facility if the facility:
(1) has not received a Type "A" violation within the
| |
(2) has not received a Type "B" violation within the |
| |
(3) has not had an inspection, survey, or evaluation |
| that resulted in the issuance of 10 or more administrative warnings in the last 24 months; | |
(4) has not had an inspection, survey, or evaluation |
| that resulted in an administrative warning issued for a violation of Sections 3‑401 through 3‑413 in the last 24 months; | |
(5) has not been issued an order to reimburse a |
| resident for a violation of Article II under subsection (6) of Section 3‑305 in the last 24 months; and | |
(6) has not been subject to sanctions or |
| decertification for violations in relation to patient care of a facility under Titles XVIII and XIX of the federal Social Security Act within the last 24 months. | |
If a facility with a 2‑year license fails to meet the |
| conditions in items (1) through (6) of this subsection, in addition to any other sanctions that may be applied by the Department under this Act, the facility's 2‑year license shall be replaced by a one year license until such time as the facility again meets the conditions in items (1) through (6) of this subsection. | |
(Source: P.A. 96‑339, eff. 7‑1‑10.) |
(210 ILCS 47/3‑117)
(This Section may contain text from a Public Act with a delayed effective date)
Sec. 3‑117. Denial of license; grounds. An application for a license may be denied for any of the following reasons:
(1) Failure to meet any of the minimum standards set
| forth by this Act or by rules and regulations promulgated by the Department under this Act. | |
(2) Conviction of the applicant, or if the applicant |
| is a firm, partnership or association, of any of its members, or if a corporation, the conviction of the corporation or any of its officers or stockholders, 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 insufficient in number or unqualified |
| by training or experience to properly care for the proposed number and type of residents. | |
(4) Insufficient financial or other resources to |
| operate and conduct the facility in accordance with standards promulgated by the Department under this Act. | |
(5) Revocation of a facility license during the |
| previous 5 years, if such prior license was issued to the individual applicant, a controlling owner or controlling combination of owners of the applicant; or any affiliate of the individual applicant or controlling owner of the applicant and such individual applicant, controlling owner of the applicant or affiliate of the applicant was a controlling owner of the prior license; provided, however, that the denial of an application for a license pursuant to this subsection must be supported by evidence that such prior revocation renders the applicant unqualified or incapable of meeting or maintaining a facility in accordance with the standards and rules promulgated by the Department under this Act. | |
(6) That 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. | |
(Source: P.A. 96‑339, eff. 7‑1‑10.) |
(210 ILCS 47/3‑119)
(This Section may contain text from a Public Act with a delayed effective date)
Sec. 3‑119. Suspension, revocation, or refusal to renew license.
(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. | |
(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. | |
(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. | |
(Source: P.A. 96‑339, eff. 7‑1‑10.) |
