Illinois Compiled Statutes 210 ILCS 47/3-117 – Denial of license; grounds
Current as of: 2024 | Check for updates
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An application for a license may be denied for any of the following reasons:
(1) Failure to meet any of the minimum standards set
(1) Failure to meet any of the minimum standards set
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forth by this Act or by rules and regulations promulgated by the Department under this Act.
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(2) Conviction of the applicant, or if the applicant
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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.
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(3) Personnel insufficient in number or unqualified
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by training or experience to properly care for the proposed number and type of residents.
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(4) Insufficient financial or other resources to
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operate and conduct the facility in accordance with standards promulgated by the Department under this Act.
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(5) Revocation of a facility license during the
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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.
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(6) That the facility is not under the direct
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supervision of a full time administrator, as defined by regulation, who is licensed, if required, under the Nursing Home Administrators Licensing and Disciplinary Act.
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(7) That the facility is in receivership and the
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proposed licensee has not submitted a specific detailed plan to bring the facility into compliance with the requirements of this Act and with federal certification requirements, if the facility is certified, and to keep the facility in such compliance.
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(8) The applicant is the owner of a facility
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designated pursuant to Section 3-304.2 of this Act as a distressed facility.
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Terms Used In Illinois Compiled Statutes 210 ILCS 47/3-117
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.