(a) When the Director determines that a facility has failed to comply with this Act or the Illinois Adverse Health Care Events Reporting Law of 2005 or any rule adopted under either of those Acts, the Department may issue a notice of fine assessment which shall specify the violations for which the fine is assessed. The Department may assess a fine of up to $500 per violation per day commencing on the date the violation was identified and ending on the date the violation is corrected, or action is taken to suspend, revoke or deny renewal of the license, whichever comes first.
     (b) In determining whether a fine is to be assessed or the amount of such fine, the Director shall consider the following factors:
        (1) The gravity of the violation, including the
    
probability that death or serious physical or mental harm to a patient will result or has resulted, the severity of the actual or potential harm, and the extent to which the provisions of the applicable statutes or rules were violated;
        (2) The reasonable diligence exercised by the
    
licensee and efforts to correct violations;
        (3) Any previous violations committed by the
    
licensee; and
        (4) The financial benefit to the facility of
    
committing or continuing the violation.
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