Plaintiffs, a group of nursing facilities, filed a complaint seeking mandamus relief asserting that they were entitled to a mandatory offset from the defendant because plaintiffs had paid both state and federal fines for the same alleged deficiencies and an Illinois statute requires an offset against state fines for federal finds paid for the same deficiencies. The circuit court granted the defendant’s motion to dismiss by finding that the complaint failed to state a cause of action. The appellate court reversed and remanded, finding that the plaintiff’s action was not precluded by either the Administrative Review Law or sovereign immunity and that the plaintiffs sufficiently pled a cause of action and remanded for the circuit court to determine the equivalency of state and federal fines and the amount, if any, of offset that the plaintiffs were entitled to. (C.A. WALKER and WILSON, concurring)
Illinois Appellate Court
Civil Court
Civil Procedure