Ill. Admin. Code tit. 59, § 119.325 - Certificate denial
a) The
Department shall deny certification at any time if the provider:
1) Fails to maintain full compliance with
standards identified in:
A) Sections
119.235(a)
through (e);
B) Sections
119.240(b), (g)(4),
(i);
C) Sections
119.250(a),
(b); and
2) Fails to maintain substantial compliance
with all standards in this Part other than those identified in subsection
(a)(1) of this Section;
3) Fails to
submit a plan of correction acceptable to the Department for any violations
resulting from an on-site survey by the Department within 30 days of receipt of
the notice of violation. A plan will be acceptable to the Department if the
proposed correction will cause compliance with the applicable standard and if
the timetable is reasonable. Criteria for the timetable being reasonable
include that the correction be made immediately if the standard not complied
with affects the safety or health of individuals, or that compliance occurs
within the period of certification for all other standards noted as
deficient;
4) Submits false
information either on Department forms, plan(s) of correction or during an
on-site survey;
5) Refuses to
permit or participate in a scheduled or unscheduled survey; or
6) Willfully violates any rights of
individuals being served as identified in the Code or in the Act.
b) The Department shall refuse to
certify a program or shall deny a certificate if the owner, authorized agency
representative or certificate holder has been convicted of a felony, or a
misdemeanor involving moral turpitude, as shown by a certified copy of the
court of conviction.
c) If the
Department determines that individuals are at imminent risk which has not or
cannot be corrected, it shall immediately close the affected program, plan for
the immediate removal of all individuals and deny the certificate of the
provider. The affected program shall not operate and shall not receive
Department funding during the period of any appeal.
d) If a provider contests the Department's
certification decision pursuant to subsection (a), (b) or (c) of this Section,
it may request a hearing in accordance with Section
119.330, by providing
written notice. The Department shall notify the provider of the time and place
of the hearing not less than 14 days before the hearing date.
e) If the provider does not provide written
notice, the Department shall deny the certificate.
f) The Department shall immediately notify
the Department of Public Aid of the decertification of any provider.
Notes
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