HELIA HEALTHCARE OF BELLEVILLE v. NORWOOD

No. 1-15-2755.

73 N.E.3d 1185 (2017)

2017 IL App (1st) 152755

HELIA HEALTHCARE OF BELLEVILLE, LLC, Helia Healthcare of Benton, LLC, Helia Healthcare of Champaign, LLC, Helia Healthcare of Energy, LLC, Bridgemark of Greenville, LLC, Helia Healthcare of Olney, LLC, Helia Southbelt Healthcare, LLC, Frankfort Healthcare and Rehabilitation Center, LLC, Helia Healthcare of Yorkville, LLC, Helia Healthcare of Hillsboro, LLC, and Helia Healthcare of Jerseyville, LLC; Burgess Square Healthcare and Rehabilitation Centre, LLC, Doctors Nursing and Rehabilitation Center, LLC, Douglas Rehabilitation and Care Center, LLC d/b/a Douglas Nursing and Rehabilitation Center, and Evergreen Nursing and Rehabilitation Center, LLC; Living Centers, Inc. d/b/a Imboden Creek Living Center; Lexington Health Care Center of Bloomingdale, Inc., Lexington Health Care Center of Chicago Ridge, Inc., Lexington Health Care Center of Elmhurst, Inc., Lexington Health Care Center of Lagrange, Inc., Lexington Health Care Center of Lake Zurich, Inc., Lexington Health Care Center of Lombard, Inc., Lexington Health Care Center of Orland Park, Inc., Lexington Health Care Center of Schaumburg, Inc., Lexington Health Care Center of Streamwood, Inc., and Lexington Health Care Center of Wheeling, Inc.; Petersen Health Care, Inc., d/b/a/ Arcola Health Care Center, Bement Health Care Center, Eastview Terrace, Havana Health Care Center, Kewanee Care Home, Robings Manor Rehabilitation & Health Care, and Sunset Rehabilitation & Health Care; Petersen Health Care II, Inc., d/b/a Casey Health Care Center, Flora Rehabilitation & Health Care Center, Mt. Vernon Health Care Center, Palm Terrace of Mattoon, Royal Oaks Care Center, Sullivan Rehabilitation & Health Care Center, Swansea Rehabilitation & Health Care Center, Toulon Rehabilitation & Health Care Center, Twin Lakes Rehab & Health Care, Watseka Rehabilitation & Health Care Center, and White Oak Rehabilitation & Health Care Center; Petersen Health Systems, Inc., d/b/a Collinsville Rehabilitation & Health Care Center, Effingham Rehabilitation & Health Care Center, Sheldon Health Care Center, and Tuscola Health Care Center; SJL Health Systems, Inc. d/b/a Prairie Rose Health Care Center; Petersen Health Network, LLC, d/b/a Charleston Rehab & Health Care Center, Cumberland Rehab & Health Care Center, El Paso Health Care Center, Flannigan Rehabilitation & Health Care Center, Flora Gardens Care Center, Lebanon Care Center, Nokomis Rehabilitation & Health Care Center, Rochelle Gardens Care Center, Rochelle Rehabilitation & Health Care Center, and Willow Rose Rehab & Health Care; Petersen Health Care — Ozark, LLC, d/b/a Farmer City Rehab & Health Care; Petersen Health Care — Illini, LLC, d/b/a Illini Heritage Rehab & Health Care; Petersen Health Care V, LLC, d/b/a Marigold Rehabilitation & Health Care Center, and Polo Rehabilitation & Health Care Center; Petersen Health Care VII, LLC, d/b/a Mason Point; Midwest Health Operations, LLC, d/b/a Aledo Rehabilitation & Health Care Center, La Harpe Davier Health Care Center, Piper City Rehab & Living Center, Prairie City Rehab & Health Care, and Shawnee Rose Care Center; Petersen Health Care—Westside, LLC, d/b/a Westside Rehabilitation & Care Center; Petersen Health Operations, LLC, d/b/a Aspen Rehab & Health Care, Batavia Rehabilitation & Health Care Center, Benton Rehabilitation & Health Care Center, Bloomington Rehabilitation & Health Care Center, Cisne Rehabilitation & Health Center, Countryview Care Center of Macomb, Decatur Rehabilitation & Health Care Center, Eastside Health & Rehabilitation Center, Enfield Rehabilitation & Health Care Center, Fondulac Rehabilitation & Health Care Center, Jonesboro Rehabilitation & Health Care Center, Mcleansboro Rehabilitation & Health Care Center, Newman Rehabilitation & Health Care Center, North Aurora Care Center, Rock Falls Rehabilitation & Health Care Center, Rosiclare Rehabilitation & Health Care Center, Sandwich Rehabilitation & Health Care Center, Shelbyville Rehabilitation & Health Care Center, South Elgin Rehabilitation & Health Care Center, Timbercreek Rehab & Health Care, and Vandalia Rehabilitation & Health Care Center; Petersen Health Operations III, LLC, d/b/a Pleasant View Rehabilitation & Health Care; and Petersen Health Care-Roseville, LLC, d/b/a Roseville Rehabilitation & Care Center, Cornerstone Rehabilitation & Health Care, Rock River Gardens, and Sauk Valley Senior Living & Rehab; UDI #6, LLC, d/b/a Care Center of Abingdon, UDI #5, LLC, d/b/a Manor Court of Carbondale, UDI #8, LLC, d/b/a Centralia Manor, UDI #11, LLC, d/b/a Jerseyville Manor, UDI #4, LLC, d/b/a Leroy Manor, UDI #2, LLC, d/b/a Manor Court of Maryville, UDI #1, LLC, d/b/a Parkway Manor, UDI #10, LLC, d/b/a Pekin Manor, UDI #9, LLC, d/b/a Pittsfield Manor, UDI #7, LLC, d/b/a Seminary Manor, and UDI #3, LLC, d/b/a Shelbyville Manor; Residential Alternatives of Illinois, Inc., d/b/a Manor Court of Clinton, Hawthorne Inn of Danville, Manor Court of Freeport, Manor Court of Peoria, Manor Court of Peru, and Manor Court of Princeton, Resthave Home of Whiteside County, Illinois; Cahill Rosewood Companies, d/b/a Rosewood Care Center of Alton, Rosewood Care Center East Peoria, Rosewood Care Center-Edwardsville, Rosewood Care Center of Elgin, Rosewood Care Center Galesburg, Rosewood Care Center Inverness, Rosewood Care Center of Joliet, Rosewood Care Center of Moline, Rosewood Care Center Northbrook, Rosewood Care Center of Peoria, Rosewood Care Center of Rockford, Rosewood Care Center St. Charles, and Rosewood Care Center Swansea; SSC Hamilton Operating Company LLC d/b/a Montebello Healthcare Center, SSC Mount Vernon Operating Company LLC d/b/a Nature Trail Health Care Center, SSC Odin Operating Company LLC d/b/a Odin Healthcare Center, and SSC Westchester Operating Company LLC d/b/a Westchester Health & Rehabilitation Center; Southgate Health Care Center; Southpoint Nursing and Rehabilitation Center; and Calhoun Nursing and Rehabilitation Center, LLC, Granite Nursing and Rehabilitation Center, LLC, Stearns Nursing and Rehabilitation Center, LLC, and White Hall Nursing and Rehabilitation Center, LLC, Plaintiffs-Appellants, v. Felicia F. NORWOOD, Director of Healthcare and Family Services, and the Illinois Department of Healthcare and Family Services, Defendants-Appellees.

Appellate Court of Illinois, First District, THIRD DIVISION.

March 15, 2017.


Attorney(s) appearing for the Case

Duane Morris LLP, of Chicago ( John T. Schriver , Nicholas J. Lynn , and John D. Kendzior , of counsel), for appellants.

Lisa Madigan , Attorney General, of Chicago ( Carolyn E. Shapiro , Solicitor General, and Evan Siegel , Assistant Attorney General, of counsel), for appellees.


OPINION

¶ 1 The plaintiffs appeal from the trial court's dismissal of their complaint against the defendants, Felicia F. Norwood, the Director of Healthcare and Family Services, and the Illinois Department of Healthcare and Family Services (HFS or Department), under...

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