ALDEN NURSING CENTER—MORROW v. LUMPKIN

No. 1-92-4429.

632 N.E.2d 66 (1994)

259 Ill. App.3d 1027

198 Ill.Dec. 7

ALDEN NURSING CENTER—MOROW, INC., an Illinois Corporation, Plaintiff-Appellee, v. John R. LUMPKIN, Acting Director of the Illinois Department of Public Health, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

March 17, 1994.


Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., Chicago (Rosalyn B. Kaplan, Sol. Gen., Alison E. O'Hara, Asst. Atty. Gen., of counsel), for defendant-appellant.

Greenburg & Hermann, Chicago (Janet L. Hermann, of counsel), for plaintiff-appellee.


Justice HOFFMAN delivered the opinion of the court:

The Illinois Department of Public Health ("Department") charged plaintiff, Alden Nursing Center, with a "Type B" violation under section 1-130 of the Nursing Home Care Act ("Act") (Ill.Rev.Stat.1989, ch. 111)4, par. 4151-130), and with violating sections 300.3240(a) and 300.3240(d) of the Department's Minimum Standards, Rules and Regulations for Classification and Licensure of Long-Term Care Facilities ("Minimum...

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