Section 396.60  Enforcement Provisions

a)         At any time the Director receives notice from the escrow agent that the provisions of Section 7 of the Act have not been complied with, or at any other time when the Director has reason to believe that the provider is insolvent, is in imminent danger of becoming insolvent or that its condition is such that it may be financially unable to fully perform its obligations pursuant to life care contracts, the Director shall, through the Attorney General, file an appropriate action on behalf of the State of Illinois and any or all residents in any court of competent jurisdiction, including the federal bankruptcy court or any other federal court (Section 9 of the Act).  Factors which the Director shall consider in making the determination under this subsection shall include, but not be limited to, those changes in a facility's financial condition which are reportable under Section 396.50(i).

b)         The Director or his authorized designee may conduct an audit or other examination of the financial affairs of any provider as often as he deems it necessary for the protection of the interests of the residents and the people of this State, and for this purpose shall have access to the books, records, financial data and other documents maintained by the facility (Section 10 of the Act).

c)         The Department shall deny the application for permit or revoke or suspend an existing permit for violation of any provision of this Part (Section 11 of the Act). Facilities which do not comply with all provisions of this Part will not be granted Life Care Permits.  Permittees found to be in violation of the provisions of this Part will suffer suspension of their Life Care Permit.  Violations of the provisions of this Part which are not remedied within 30 days after the facility receives notice of such violation from the Department will result in the revocation of the facilitiy's Life Care Permit. Proceedings for denial, revocation or suspension of a permit will be conducted in accordance with the Department's Rules of Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100).