The Illinois Nursing Home Care Act requires the Illinois Department of Public Health (“IDPH”) to offset a state civil monetary penalty when a licensed nursing facility has paid a federal civil monetary penalty for an equivalent violation. IDPH had taken the position, however, that payment of the federal penalty must precede payment of the state penalty for the facility to receive the offset. In nearly every circumstance, IDPH’s interpretation of the Act would effectively prevent facilities from receiving both the statutory offset.
Accordingly, in its September 25, 2026, decision in Macomb Post Acute Care Center, LLC et al. v. Illinois Department of Public Health, the Illinois Appellate Court rejected IDPH’s position. The court held that the plaintiff nursing facilities sufficiently stated a claim for mandamus relief. The court reversed the dismissal of the plaintiff facilities’ complaint and remanded the case for further proceedings.