Section 390.150 Issuance of an Initial License Due to a Change of Ownership

Section 390

Section 390.150  Issuance of

an Initial License Due to a Change of Ownership

a)

Upon receipt and review of an application for a license and

inspection of the applicant facility, the Director

will

issue a

probationary license if

the Director 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 to 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 five years,

and is not the owner if a facility designated pursuant to Section 3-304.2

of

the Act and Section 390.185

as a distressed facility;

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;

and

3)

That the facility is in substantial compliance with

the

Act

and this Part

.

(Section 3-109 of the Act)

b)

Whenever ownership of a facility is transferred from the

person named in

the

license to any other person, the transferee

shall

obtain a new probationary license.  The transferee shall notify the Department

of the transfer and apply for a new license at least 30 days prior to final

transfer.

The Department

will

not approve the transfer of

ownership to an owner of a facility designated pursuant to Section 3-304.2 of

the

Act

and Section 390.185

as a distressed facility.

(Section 3-112

of the Act)

c)

The transferor shall notify the Department at least 30 days

prior to final transfer.  The transferor shall remain responsible for the

operation of the facility until

the

license is issued to the new

transferee

approve the transfer of

ownership to an owner of a facility designated pursuant to Section 3-304.2 of

the

Act

and Section 390.185

as a distressed facility.

(Section 3-112

of the Act)

c)

The transferor shall notify the Department at least 30 days

prior to final transfer.  The transferor shall remain responsible for the

operation of the facility until

the

license is issued to the new

transferee.

(Section 3-112 of the Act)

d)

The license granted to the transferee shall be subject to the

plan of correction submitted by the previous owner and approved by the

Department and any conditions contained in a conditional license issued to the

previous owner.  If there are outstanding violations and no approved plan of

correction has been implemented, the Department may issue a conditional license

and plan of correction as provided in Sections 3-311 through 3-317

of the

Act in place of a probationary license

.

(Section 3-113 of the Act)

e)

The transferor shall remain liable for all penalties

assessed against the facility

that

are imposed for violations occurring

prior to transfer of ownership.

(Section 3-114 of the Act)

f)         The Department will issue a probationary license.

A

probationary license

will

be valid for 120 days unless sooner suspended

or revoked under Section 3-119

of the Act.  (Section 3-116 of the Act)

g)

Within 30 days prior to the termination of a probationary

license, the Department

will

fully and completely inspect the facility

and, if the facility meets the applicable requirements for licensure,

will

issue a license under Section 3-109

of the Act,

except that, during a

statewide public health emergency, as defined in the Illinois Emergency

Management Agency Act, the Department

will

inspect facilities within an

appropriate time frame to the extent feasible.

(Section 3-116 of the Act)

If the facility is not in compliance and satisfactory progress toward

compliance is not being made, the Department will allow the probationary

license to expire

that, during a

statewide public health emergency, as defined in the Illinois Emergency

Management Agency Act, the Department

will

inspect facilities within an

appropriate time frame to the extent feasible.

(Section 3-116 of the Act)

If the facility is not in compliance and satisfactory progress toward

compliance is not being made, the Department will allow the probationary

license to expire.

h)

If the Department finds that the facility does not meet the

requirements for licensure but has made substantial progress toward meeting

those requirements, the license may be renewed once for a period not to exceed

120 days from the expiration date of the initial probationary license

.

(Section 3-116 of the Act)  The Department will not issue more than two

consecutive probationary licenses.

i)          The issuance date of the probationary license to the new

owner will be the date the last licensure requirement is met as determined by

the Department.

j)          The licensee shall qualify for issuance of a two-year license

if the licensee has met the criteria contained in Section 3-110(b) of the Act

for the last 24 consecutive months.