DEPARTMENT OF PUBLIC HEALTH
STATE OF ILLINOIS

THE DEPARTMENT OF PUBLIC HEALTH,
STATE OF ILLINOIS,

)
)
 

      Complainant,

) DOCKET NO. NH 99-S481

                vs.

)  

ILLINI MANORS, INC., d/b/a
PITTSFIELD MANOR,

)
)
 

       Respondent.

)  


CONSENT AGREEMENT AND REQUEST FOR FINAL ORDER

NOW COME the Complainant and the Respondent, by their representatives, and request the Director of the Illinois Department of Public Health to issue a Final Order in the above-captioned matter consistent with the following:

RECITALS

l. The Illinois Department of Public Health (Department) is designated as the State Agency to administer the provisions of the Nursing Home Care Act (210 ILCS 45/1-101 et seq. (1998)) (the Act).

2. Illini Manors, Inc. (Respondent) was, at all pertinent times, licensed by the Department to operate a long term care facility located at 610 Lowrey Street, Pittsfield, Illinois.

3. On or about November 3, 1999, employees of the Department conducted an incident report investigation of Respondent's facility, which resulted in the issuance of the Notice of Type "A" Violation(s) and Order to Abate or Eliminate, Notice of Conditional License, and Notice of Fine Assessment, as more fully set forth in Attachment A incorporated herein. The basis for the Department's decision is set forth in the Statement of Violations also contained in Attachment A.

4. Respondent timely requested a hearing to contest the Department's allegations, determinations, and notices set forth in paragraph 3 above.

5. The Department and Respondent have agreed, in order to resolve this matter, that Respondent be permitted to enter into this Consent Agreement with the Department, providing for the imposition of certain provisions that are consistent with the best interests of the People of the State of Illinois, subject to the entering of a Final Order dismissing this matter.

6. This Consent Agreement is the result of a compromise and settlement and is not a determination of liability. Nothing herein shall be considered an admission of fault of any kind by Respondent, nor shall anything herein be considered a reflection of any weakness of proof by Complainant.

NOW, THEREFORE, in consideration of the aforesaid Recitals and representations, of the mutual covenants and provisions hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by all parties hereto, it is agreed by and between such parties as follows:

ARTICLE I
Department's Consideration

1.1 The Department hereby reduces the amount due under the attached Notice of Fine Assessment to $5,000.00.

1.2 The Department agrees to withdraw the Conditional License and to reinstate Respondent's unrestricted license dating back to January 6, 2000.

ARTICLE II
Respondent's Consideration

2.1 Respondent hereby withdraws its request for a hearing in this matter, thereby expressly waiving its right to contest the Statement of Violation(s) and Order to Abate or Eliminate, and the Notice of Fine Assessment, as described in paragraph 3 of the Recitals, as amended by this Consent Agreement.

2.2 Respondent agrees to pay the sum of $5,000.00 per the terms set forth in paragraph 2.3 below.

2.3 Within thirty (30) days of receipt of the Department's Final Order in this matter, Respondent shall deliver to the Department a check in that amount of $5,000.00. The $5,000.00 check shall be made out to the Illinois Department of Public Health, and delivered to the Illinois Department of Public Health, P.O. Box 4263, Springfield, Illinois 62704.

2.4 The Respondent has implemented and agrees to follow the Plan of Correction promulgated by the Department as set forth in Attachment A.

ARTICLE III
General Provisions

3.1 This Consent Agreement shall become binding on, and shall inure to the benefit of, the parties hereto, their successors, or assigns immediately upon the execution of this Consent Agreement by the Director of Public Health, or his designee, dismissing the above-captioned matter.

3.2 The provisions of this Consent Agreement shall apply notwithstanding any transfer of Facility ownership or interest. Should Respondent fail to comply with any provisions of this Consent Agreement, the Department may reinstate this action against Respondent, and if Respondent no longer exists as a legal entity, said action shall proceed against any person having five percent or more interest in Respondent.

3.3 In the event that any of the provisions of Articles II are not complied with within the times specified therein, this Agreement will be held for naught, except for the provisions referred to in Paragraph 2.1 wherein Respondent has withdrawn its request for hearing to contest this matter.

3.4 It is hereby agreed that this matter be dismissed with prejudice, all matters in controversy for which this matter was brought having been fully settled, compromised, and adjourned.

3.5 This Consent Agreement constitutes the entire agreement of the parties, and no other understandings, agreements, or representations, oral or otherwise, exist or have been made by or among the parties. The parties acknowledge that they, and each of them, have read and understood this Consent Agreement in all respects.

FINAL ORDER

The attached Consent Agreement of the parties is approved, and IT IS HEREBY ORDERED that this matter is dismissed pursuant to the terms contained herein.

ILLINOIS DEPARTMENT OF PUBLIC HEALTH

Date: 1-24-00