Section 390.120 Application for License

Section 390

Section 390.120  Application

for License

a)

Application

for a license to establish or

operate a

Medically

Complex for the Developmentally Disabled (MC/DD)

facility shall be made

in

writing and submitted

to the Department on forms furnished by the Department

.

(Section 3-103(1) of the Act)  The facility shall provide a written description

of the proposed program and other information that the Department may require

to determine the appropriate level of licensure.  The application form and

other required information shall be submitted and approved prior to surveys of

the physical plant or review of building plans and specifications.

b)         An application for a new facility shall be accompanied by a

permit as required by the Illinois Health Facilities Planning Act.

c)

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:

1)

The name and address of the applicant if an individual, and

if a firm, partnership, or association,

the name and address

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;

2)

The name and location of the facility for which a license

is sought;

3)

The name of the person or persons under whose management or

supervision the facility will be conducted;

4)

The number and type of residents for which maintenance,

personal care, or nursing is to be provided; and

5)         The

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.

(Section 3-103(2) of the

Act)

d)         Ownership

Change or Discontinuation

1)         The license is not transferable

ded; and

5)         The

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.

(Section 3-103(2) of the

Act)

d)         Ownership

Change or Discontinuation

1)         The license is not transferable.  It is issued to a specific

licensee and for a specific location.  The license and the valid current

renewal certificate immediately become void and shall be returned to the

Department when the facility is sold or leased; when operation is discontinued;

when operation is moved to a new location; when the licensee (if an individual)

dies; when the licensee (if a corporation or partnership) dissolves or

terminates; or when the licensee (whatever the entity) ceases to be.

2)         A license issued to a corporation shall become null, void and

of no further effect upon the dissolution of the corporation.  The license

shall not be revived if the corporation is subsequently reinstated.  A new license

shall be obtained.

e)

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

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.

(Section 3-103(3) of the Act)

f)

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 for facilities with 2-year

licenses

in order for the Department to distribute the expiration dates

of

such

licenses throughout the calendar year, and fees for

such

licenses

shall be

pro-rated on the basis of the portion of the

year for which they are issued.

(Section 3-110 of the Act)