HELIA HEALTHCARE OF BELLEVILLE, LLC v. NORWOOD

No. 1-15-2755.

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; 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 LA GRANGE, 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.; 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 and Health Care, and Sunset Rehabilitation and Health Care; PETERSEN HEALTH CARE II, INC., d/b/a Casey Health Care Center, Flora Rehabilitation and Health Care Center, Mt. Vernon Health Care Center, Palm Terrace of Mattoon, Royal Oaks Care Center, Sullivan Rehabilitation and Health Care Center, Swansea Rehabilitation and Health Care Center, Toulon Rehabilitation and Health Care Center, Twin Lakes Rehab and Health Care, Watseka Rehabilitation and Health Care Center, and White Oak Rehabilitation and Health Care Center; PETERSEN HEALTH SYSTEMS, INC., d/b/a Collinsville Rehabilitation and Health Care Center, Effingham Rehabilitation and 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 and Health Care Center, Cumberland Rehab and Health Care Center, El Paso Health Care Center, Flannigan Rehabilitation and Health Care Center, Flora Gardens Care Center, Lebanon Care Center, Nokomis Rehabilitation and Health Care Center, Rochelle Gardens Care Center, Rochelle Rehabilitation and Health Care Center, and Willow Rose Rehab and Health Care; PETERSEN HEALTH CARE-OZARK, LLC, d/b/a Farmer City Rehab and Health Care; PETERSEN HEALTH CARE-ILLINI, LLC, d/b/a Illini Heritage Rehab and Health Care; PETERSEN HEALTH CARE V, LLC, d/b/a Marigold Rehabilitation and Health Care Center, and Polo Rehabilitation and Health Care Center; PETERSEN HEALTH CARE VII, LLC, d/b/a Mason Point; MIDWEST HEALTH OPERATIONS, LLC, d/b/a Aledo Rehabilitation and Health Care Center, La Harpe Davier Health Care Center, Piper City Rehab and Living Center, Prairie City Rehab and Health Care, and Shawnee Rose Care Center; PETERSEN HEALTH CARE-WESTSIDE, LLC, d/b/a Westside Rehabilitation and Care Center; PETERSEN HEALTH OPERATIONS, LLC, d/b/a Aspen Rehab and Health Care, Batavia Rehabilitation and Health Care Center, Benton Rehabilitation and Health Care Center, Bloomington Rehabilitation and Health Care Center, Cisne Rehabilitation and Health Center, Countryview Care Center of Macomb, Decatur Rehabilitation and Health Care Center, Eastside Health and Rehabilitation Center, Enfield Rehabilitation and Health Care Center, Fondulac Rehabilitation and Health Care Center, Jonesboro Rehabilitation and Health Care Center, McLeansboro Rehabilitation and Health Care Center, Newman Rehabilitation and Health Care Center, North Aurora Care Center, Rock Falls Rehabilitation and Health Care Center, Rosiclare Rehabilitation and Health Care Center, Sandwich Rehabilitation and Health Care Center, Shelbyville Rehabilitation and Health Care Center, South Elgin Rehabilitation and Health Care Center, Timbercreek Rehab and Health Care, and Vandalia Rehabilitation and Health Care Center; PETERSEN HEALTH OPERATIONS III, LLC, d/b/a Pleasant View Rehabilitation and Health Care; PETERSEN HEALTH CARE-ROSEVILLE, LLC, d/b/a Roseville Rehabilitation and Care Center, Cornerstone Rehabilitation and Health Care, Rock River Gardens, and Sauk Valley Senior Living and 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; 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; SSC WESTCHESTER OPERATING COMPANY LLC, d/b/a Westchester Health and Rehabilitation Center; SOUTHGATE HEALTH CARE CENTER; SOUTHPOINT NURSING AND REHABILITATION CENTER; 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.

Rule 23 order withdrawn February 15, 2017.

Opinion filed 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.

Presiding Justice Fitzgerald Smith and Justice Cobbs concurred in the judgment and opinion.


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...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases