(410 ILCS 70/8) (from Ch. 111 1/2, par. 87-8)

(Text of Section before amendment by P.A. 104-386)

Sec. 8. Penalties.

(a) Any hospital or approved pediatric health care facility violating any provisions of this Act other than Section 7.5 shall be guilty of a petty offense for each violation, and any fine imposed shall be paid into the general corporate funds of the city, incorporated town or village in which the hospital or approved pediatric health care facility is located, or of the county, in case such hospital is outside the limits of any incorporated municipality.

(b) The Attorney General may seek the assessment of one or more of the following civil monetary penalties in any action filed under this Act where the hospital, approved pediatric health care facility, health care professional, ambulance provider, laboratory, or pharmacy knowingly violates Section 7.5 of the Act:

(1) For willful violations of paragraphs (1), (2), (4), or (5) of subsection (a) of Section 7.5 or subsection (c) of Section 7.5, the civil monetary penalty shall not exceed $500 per violation.

(2) For violations of paragraphs (1), (2), (4), or (5) of subsection (a) of Section 7.5 or subsection (c) of Section 7.5 involving a pattern or practice, the civil monetary penalty shall not exceed $500 per violation.

(3) For violations of paragraph (3) of subsection (a) of Section 7.5, the civil monetary penalty shall not exceed $500 for each day the bill is with a collection agency.

(4) For violations involving the failure to submit billing protocols within the time period required under subsection (d) of Section 7.5, the civil monetary penalty shall not exceed $100 per day until the health care professional or approved pediatric health care facility complies with subsection (d) of Section 7.5.

All civil monetary penalties shall be deposited into the Violent Crime Victims Assistance Fund.

(c) This Section is effective on and after January 1, 2024.

(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.)

(Text of Section after amendment by P.A. 104-386)

Sec. 8. Violations and penalties.

(a) The Department shall implement a complaint system through which the Department may receive complaints of violations of this Act. The Department may use an existing complaint system to fulfill the requirements of this Section.

(b) The Department may work with the Attorney General to verify complaints that the Attorney General's Office Health Care Bureau has received as set forth in Section 7.5.

(c) After receiving a complaint, the Department shall determine whether the hospital or approved pediatric health care facility is not in compliance with its approved plan or if a violation of any provision of this Act or rules adopted under this Act has occurred. Upon determining a violation of any provision of this Act or rules adopted under this Act has occurred, the Department shall issue a written notice of violation that includes the specific items of noncompliance to the hospital or approved pediatric health care facility.

(d) The hospital shall have 10 business days to submit to the Department a plan of correction that contains the hospital's or approved pediatric health care facility's specific proposals for correcting the items of noncompliance. The Department shall review the plan of correction and notify the hospital in writing within 10 business days as to whether the plan is acceptable or unacceptable. If the Department finds the plan of correction unacceptable, the hospital or approved pediatric health care facility shall have 10 business days to resubmit an acceptable plan of correction. Upon notification that its plan of correction is acceptable, a hospital or approved pediatric health care facility shall implement the plan of correction within 60 days. The Department may conduct additional surveys or request documentation from the hospital or approved pediatric health care facility, as necessary, to ensure compliance with the accepted plan of correction.

(e) If the hospital or approved pediatric health care facility fails to submit an acceptable plan of correction or implement an accepted plan of correction within the time frames required in this Section, the Department may impose a fine as follows:

(1) at least $1,500 but less than $3,000 for a first violation; and

(2) at least $3,000 but less than $5,000 for a second or subsequent violation.

(f) In imposing a fine, the Department shall consider the following factors:

(1) the alleged violation or violations and the adequacy of the response by the hospital or pediatric facility;

(2) any historical pattern or practice of noncompliance with this Act;

(3) the number of patients seeking treatment and support from the hospital or pediatric facility affected by the violation.

(g) The Department's notice of violation shall include, at a minimum, the following:

(1) the hospital or approved pediatric health care facility's right to request an administrative hearing to contest the Department's notice of violation;

(2) an opportunity to present evidence, orally, in writing, or both, on the question of the alleged violation before an administrative law judge; and

(3) an opportunity to file an answer responding to the Department's notice of violation.

(h) The Department shall follow all rules of practice and procedure for hearings conducted under this Section pursuant to 77 Ill. Adm. Code Part 100. After an administrative hearing before an administrative law judge or hearing officer, the Director shall issue a final written decision, or a final order, based on the administrative law judge's findings of fact, conclusions of law, and recommendation. The final order shall also include the monetary penalty against such hospital or pediatric facility.

(i) The Attorney General may bring an action in the circuit court to enforce the collection of a monetary penalty imposed under this Section.

(j) The fines under this Section shall be deposited into the Sexual Assault Services Fund.

(k) This Section is effective on and after January 1, 2024.

(Source: P.A. 104-386, eff. 1-1-26.)