ManorCARE HEALTH SERVICES, LLC v. ILLINOIS HEALTH FACILITIES & SERVICES REVIEW BOARD

Nos. 2-15-1214, 2-16-0057 cons.

2016 IL App (2d) 151214

MANORCARE HEALTH SERVICES, LLC; HCR HEALTHCARE, LLC; and HCR MANORCARE, INC., Plaintiffs-Appellees, v. THE ILLINOIS HEALTH FACILITIES AND SERVICES REVIEW BOARD; KATHRYN J. OLSON, as Chair of the Illinois Health Facilities and Services Review Board; JOHN HAYES, as Vice Chair of the Illinois Health Facilities and Services Review Board; PHILIP BRADLEY, JAMES J. BURDEN, DEANNA J. DEMUZIO, DALE GALASSIE, ALAN GREIMAN, DAVID PENN, and RICHARD H. SEWELL, as Members of the Illinois Health Facilities and Services Review Board; THE DEPARTMENT OF PUBLIC HEALTH; LAMAR HASBROUCK, as Director of the Department of Public Health; THE SPRINGS AT CRYSTAL LAKE; FAIR OAKS HEALTH CARE CENTER; and CRYSTAL PINES REHABILITATION AND HEALTH CARE CENTER, Defendants, (The Illinois Health Facilities and Services Review Board; Kathryn J. Olson, as Chair of the Illinois Health Facilities and Services Review Board; John Hayes, as Vice Chair of the Illinois Health Facilities and Services Review Board; Philip Bradley, James J. Burden, Deanna J. Demuzio, Dale Galassie, Alan Greiman, David Penn, and Richard H. Sewell, as Members of the Illinois Health Facilities and Services Review Board; The Springs at Crystal Lake; and Fair Oaks Health Care Center, Defendants-Appellants).

Appellate Court of Illinois, Second District.

Filed November 3, 2016.


Attorney(s) appearing for the Case

Mark J. Silberman and Nicholas J. Lynn , both of Duane Morris LLP, of Chicago, for appellants The Springs at Crystal Lake and Fair Oaks Health Care Center.

Lisa Madigan , of Chicago ( Carolyn E. Shapiro , Solicitor General, and Linda Boachi-Ansah , Assistant Attorney General, of counsel), for appellant Illinois Health Facilities & Services Review Board.

Jason T. Lundy and Paula S. Kim , both of Polsinelli Shugart, P.C., of Chicago, for appellees.

Justices Jorgensen and Spence concurred in the judgment and opinion.


OPINION

¶ 1 Plaintiffs, ManorCare Health Services, LLC, HCR Healthcare, LLC, and HCR ManorCare, Inc. (collectively referred to as ManorCare), filed an application with defendant, the Illinois Health Facilities and Services Review Board (the Board), for a certificate...

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