Illinois Nursing Home Challenges Nursing Home Fines
We discussed the controversy surrounding fines Rosewood Care Center is facing after a resident's death and a recent decision by Sangamon County Circuit Judge Leo Zappa in a previous blog. In February 2009, Judge Zappa ruled that the IDPH had illegally inflated nursing home fines and imposed a $10,000 cap for each "Type A" violation, the worst violation possible.
Attorneys for Rosewood Care Center argued in front of Illinois' Fourth District Appellate Court of Appeals concerning a recent ruling by Sangamon County Circuit Judge Leo Zappa. Springfield attorney Daniel Maher argued that state officials should not be allowed "absolute discretion" in deciding how much to fine nursing homes for substandard care. Instead, Maher feels that the Illinois Department of Public Health (IDPH) should be limited to a maximum fine of $10,000 when imposing a flat fine on a nursing home facility.
State officials maintain that the enhanced fines are legal. A 1991 state law calls for fines "not less than $5,000" and "not less than $10,000", depending upon the severity of harm to the nursing home resident. Illinois Attorney General Jan Hughes holds that the $10,000 cap hinders the department's ability to protect defenseless nursing home residents.
The Appellate Panel has the option to throw out the $25,000 fine due to a technicality connected to the IDPH's delay in issuing a final fine against the facility. If the panel opts to throw out the fine, then the panel is also obligated to void Judge Zappa's ruling for the $10,000 cap on nursing home fines. The panel, which consists of Judge Carol Pope of Petersburg, Judge Sue Myerscough of Springfield, and Judge John Turner of Atlanta, is expected to rule on this matter within the next few months.
