Deicke Center - Marklund Children's Home v. Illinois Health Facilities Planning Board

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State: Illinois

Court: 1st District Appellate

Docket No: 1-08-0600 & 1-08-1359 Cons. Rel

Case Date: 03/30/2009

Preview:FIRST DIVISION Date Filed: March 30, 2009 Nos. 1-08-0600 & 1-08-1359 cons. DEICKE CENTER - MARKLUND CHILDREN'S ) Appeal from the HOME, ) Circuit Court of ) Cook County. Plaintiff-Appellee, ) ) v. ) No. 07 CH 19124 ) ILLINOIS HEALTH FACILITIES PLANNING ) BOARD, JEFFREY MARK, in his capacity) as Executive Secretary of the ) Illinois Health Facilities Planning ) Board, SUSANA G. LOPATKA, in her ) capacity as Acting Chairperson of ) the Illinois Health Facilities ) Planning Board, COURTNEY R. AVERY, ) JOHN PENN, and EUGENE VERDU, in ) their capacities as Members of the ) Illinois Health Facilities ) Honorable Planning Board, ) Stuart Palmer, ) Judge Presiding. Defendants-Appellants. ) _________________________________________________________________ BRIDGEMARK OF WEST FRANKFORT II, ) Appeal from the LLC, Doing Business as Parkview Care) Circuit Court of Center, ) Cook County, ) Plaintiff-Appellee, ) ) v. ) No. 07 CH 18971 ) ILLINOIS HEALTH FACILITIES PLANNING ) BOARD, JEFFREY MARK, in his capacity) as Executive Secretary of the ) Illinois Health Facilities Planning ) Board, SUSANA G. LOPATKA, in her ) capacity as Acting Chairperson of ) the Illinois Health Facilities ) Planning Board, COURTNEY R. AVERY, ) JOHN PENN, and EUGENE VERDU, in ) their capacities as Members of the ) Illinois Health Facilities ) Honorable Planning Board, ) Sophia H. Hall, ) Judge Presiding. Defendants-Appellants. )

No. 1-08-0600

JUSTICE HALL delivered the opinion of the court: In these consolidated appeals, we address whether an amendment to the Illinois Health Facilities Planning Act (20 ILCS 3960/1 et seq. (West 2006)) (the Act) was procedural in nature In both cases the circuit

and therefore applied retroactively. court so found. case.

We agree and affirm the circuit court in each

The facts in both cases are largely undisputed.

In appeal

No. 1-08-0600, Deicke Center was owned by the plaintiff, Marklund Children's Home (Marklund), and was operated as a long-term care facility for persons under the age of 22 years. By August 31, On

2006, Deicke Center was unoccupied and had ceased operations. November 22, 2006, Marklund's president advised the defendant, the Illinois Health Facilities Planning Board (the Board), that he intended to discontinue Deicke Center.

On April 12, 2007, the

Board issued a notice of intent to impose a fine of $50,000 on Marklund based on Marklund's failure to obtain a permit prior to discontinuing Deicke Center. 2006). See 20 ILCS 3960/14.1(b)(5) (West

Marklund was required to request a hearing before the

Board (see 20 ILCS 3960/14.1(b)(6) (West 2006)) within 30 days of the notice (see 20 ILCS 3960/10 (West 2006)). However, it did

2

No. 1-08-0600 not request a hearing until May 16, 2007. On June 13, 2007, the On July 17,

Board entered a default judgment against Marklund.

2008, Marklund filed a complaint for administrative review. In appeal No. 1-08-1359, the plaintiff, Bridgemark of West Frankland II, LLC (Bridgemark), operated Parkview, a 59-bed intermediate care facility. On October 4, 2004, Bridgemark

notified the Board and the Illinois Department of Public Health (IDOPH) of its intent to close the facility.1 On or about

January 23, 2007, Bridgemark submitted a formal application for discontinuation of the Parkview facility. The application to

discontinue Parkview was approved on May 1, 2007. In the interim, on April 12, 2007, the Board issued its notice of intent to impose a fine based on Bridgemark's discontinuation of Parkview without first obtaining a permit from the Board. See 20 ILCS 3960/14.1(b)(5) (West 2006). In the

absence of a request for a hearing by Bridgemark within 30 days of the notice, on June 13, 2007, the Board issued an order of default and imposed a $160,000 fine on Bridgemark.
1

On July 18,

On October 5, 2004, Bridgemark sent a letter of

clarification to both the Board and the IDOPH stating that it did not intend to close the facility outright but intended to relocate its residents and to convert the facility to a 16-bed facility. 3

No. 1-08-0600 2007, Bridgemark filed its complaint for administrative review. Subsequent to the filing of the complaints for administrative review in these cases but prior to the circuit courts' review, the legislature amended section 14.1(b)(5). Pub. Act 95-543,

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