ILLINOIS HEALTH CARE ASS'N v. ILLINOIS DEPT. OF PUBLIC HEALTH

No. 88-2486.

879 F.2d 286 (1989)

ILLINOIS HEALTH CARE ASSOCIATION, et al., Plaintiffs-Appellants, v. ILLINOIS DEPARTMENT OF PUBLIC HEALTH, and Bernard J. Turnock, in his capacity as Director of the Illinois Department of Public Health, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 18, 1989.


Attorney(s) appearing for the Case

A. Benjamin Goldgar, James J. Casey, Jeanine M. Jiganti, Keck, Mahin & Cate, Chicago, Ill., Steven Nardulli, Bruce Stratton, Stratton, Dobbs, Nardulli & Lestikow, Springfield, Ill., Thomas J. Reed, Chicago, Ill., for Illinois Health Care Ass'n, Heritage Enterprises, Inc., Heritage Manor Nursing & Convalescent Home of Peru, Parks Memorial Convalescent Center, Inc. and Lewis Memorial Christian Village, Inc.

Ann Plunkett Sheldon, Office of the Atty. Gen., Chicago, Ill., Stanley L. Morris, Pfeifer & Kelty, Springfield, Ill., for Illinois Dept. of Public Health and Bernard J. Turnock.

Before CUDAHY and KANNE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.


CUDAHY, Circuit Judge.

Plaintiff Illinois Health Care Association (the "IHCA"), an association of nursing homes operating in Illinois, and three of its member homes1 commenced this equal protection action under 42 U.S.C. section 1983 challenging the constitutionality of the exemption of hospital-based long-term care units from the Nursing Home Care Reform Act, Ill.Rev.Stat. ch. 111 1/2 , ¶¶ 4151-101 et seq. Defendants...

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