Oommen v. Glen Health and Home Management Inc.

Illinois Appellate Court
Civil Court
Whistleblower Act
Citation
Case Number: 
2020 IL App (1st) 190854
Decision Date: 
Friday, November 20, 2020
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
MIKVA

Physician's privileges to practice medicine at Defendants' nursing facility were terminated after he cooperated in investigation of death of resident of facility. Medicaid payments constitute State funding, and doctors practicing at medical facilities receiving such payments are "employees" with standing to sue under Whistleblower Act. Court properly dismissed retaliatory discharge claims against the individual defendants, as a plaintiff's former employer, and not the employer's agents, is the only proper party to a retaliatory discharge claim.Plaintiff failed to submit evidence reflecting a degree of control over method or manner in which he practiced medicine, and thus failed to establish that he was an employee of nursing facility. (HARRIS, concurring; GRIFFIN, specially concurring.)