Aurora Manor v. The Department of Public Health

Illinois Appellate Court
Civil Court
Nursing Home Care Act
Case Number: 
2012 IL App (1st) 112775
Decision Date: 
Wednesday, September 26, 2012
1st Dist.
Cook Co., 3d Div.
Affirmed in part and reversed in part.
IDPH issued notice of violation and fine assessment to nursing home, after incident when resident eloped from facility. IDPH made its determination prior to issuance of notice of violations, and recorded it in Survey Processing Log within 60 days of completion of survey. The notice of violation and the determination of a violation are separate events. Survey Log constitutes a determination of violation. Surveyor's name does not appear on log, and is dated 59 days after date surveyer completed his investigation and gave nursing home copy of report; and nothing on log indicates that it is only a recommendation and not the actual determination. (FITZGERALD SMITH and PUCINSKI, concurring.)