Maplewood Care, Inc. v. Arnold

Illinois Appellate Court
Civil Court
Nursing Home Care Act
Case Number: 
2013 IL App (1st) 120602
Decision Date: 
Thursday, May 9, 2013
1st Dist.
Cook Co., 4th Div.
Illinois Department of Public Health found that nursing home violated Nursing Home Care Act in failing to properly conduct a background check and supervise a 21-year-old resident with a criminal record, which resulted in rape of a 69-year-old resident, as nursing home had submitted an incorrect birth date for offender and thus did not obtain his criminal history. Administrative decision that submitting of incorrect birth date was failure to obtain criminal background, in violation of Act, was not clearly erroneous. ALJ's determination that nursing home violated Act by failing to provide necessary care and services due to failure to obtain required criminal background, and in failing to provide personal care and general supervision and oversight, was not clearly erroneous. (FITZGERALD SMITH and EPSTEIN, concurring.)