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Medina Nursing Center, Inc. v. The Health Facilities and Services Review Board

Court of Appeals of Illinois, Fourth District

July 12, 2013

MEDINA NURSING CENTER, INC.; ALPINE FIRESIDE HEALTH CENTER, LTD.; NEIGHBORS REHABILITATION CENTER, LLC; and FAIRVIEW NURSING PLAZA, INC., Plaintiff-Appellants,
v.
THE HEALTH FACILITIES AND SERVICES REVIEW BOARD; THE DEPARTMENT OF PUBLIC HEALTH; PECATONICA PAVILION, LLC; REVERE HEALTHCARE, LTD.; DALE GALASSIE, in His Capacity as Chairman of The Health Facilities and Services Review Board; RONALD S. EAKER, in His Capacity as a Member of The Health Facilities and Services Review Board; ALAN GREIMAN, in His Capacity as a Member of The Health Facilities and Services Review Board; JOHN HAYES, in His Capacity as a Member of The Health Facilities and Services Review Board; and DAVID PENN, in His Capacity as a Member of The Health Facilities and Services Review Board, Defendants-Appellees.

Held [*]

In an action challenging a decision of the Illinois Health Facilities and Services Review Board’s approval of an application to construct a longterm nursing care facility in a community in which plaintiffs already provided such services, the trial court’s judgment against plaintiffs was vacated and the cause was remanded to the Board with directions to provide a reasoned explanation in writing for its decision, including “findings and conclusions” based on the application and other information that came before the Board, since the Board’s letter confirming its approval was insufficient, and the fact that plaintiffs did not request a “written decision” did not excuse the Board from providing one.

Appeal from the Circuit Court of Sangamon County, No. 11-MR-175; the Hon. John Schmidt, Judge, presiding.

Nicholas J. Lynn and Mark J. Silberman (argued), both of Duane Morris LLP, of Chicago, for appellants.

Edward J. Green and Jonathan W. Garlough (argued), both of Foley & Lardner LLP, of Chicago, for appellees Pecatonica Pavilion, LLC, and Revere Healthcare, Ltd.

Lisa Madigan, Attorney General, of Chicago (Michael A. Scodro, Solicitor General, and Laura M. Wunder, Assistant Attorney General, of counsel), for other appellees.

Panel JUSTICE APPLETON delivered the judgment of the court, with opinion. Justices Pope and Holder White concurred in the judgment and opinion.

OPINION

APPLETON JUSTICE

¶ 1 Plaintiffs are Medina Nursing Center, Inc.; Alpine Fireside Health Center, Ltd.; Neighbors Rehabilitation Center, LLC; and Fairview Nursing Plaza, Inc.

¶ 2 Defendants are the Illinois Health Facilities and Services Review Board and its members (the Board); the Illinois Department of Public Health (Department); Pecatonica Pavilion, LLC (Pecatonica); and Revere Healthcare, Ltd. (Revere).

¶ 3 Plaintiffs brought this action for judicial review of the Board's decision to approve project No. 10-031, a proposal to construct a 24-bed long-term-care nursing facility in Pecatonica, Illinois. The circuit court entered judgment against plaintiffs and in defendants' favor. Plaintiffs appeal.

¶ 4 Because judicial review is impossible without a reasoned explanation by the Board, we vacate the circuit court's judgment and remand this case to the Board with directions that the Board provide, in writing, a reasoned explanation for its decision, complete with "findings and conclusions." 735 ILCS 5/3-110 (West 2010).

¶ 5 II. ANALYSIS

¶ 6 A. An Overview of the Parties and ...


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