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Northlake Nursing and Rehabilitation Center, L.L.C. v. State of Indiana Department of Health

Court of Appeals of Indiana

June 10, 2015

Northlake Nursing and Rehabilitation Center, L.L.C. d/b/a Northlake Nursing and Rehabilitation Center, Appellant-Petitioner,
v.
State of Indiana Department of Health, Appellee-Respondent

Page 269

Appeal from the Marion Superior Court. Cause No. 49D13-1110-PL-41539. The Honorable Timothy Oakes, Judge.

ATTORNEYS FOR APPELLANT: Randall R. Fearnow, Quarles & Brady, LLP, Chicago, Illinois; Lucy R. Dollens, Larissa E. Koshatka, Quarles & Brady, LLP, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; Frances Barrow, Deputy Attorney General, Indianapolis, Indiana.

Barnes, Judge. Riley, J., and Bailey, J., concur.

OPINION

Page 270

Barnes, Judge.

Case Summary

[¶1] Northlake Nursing and Rehabilitation Center, L.L.C., (" Northlake" ) appeals the trial court's denial of its petition for judicial review of a decision by the Indiana State Department of Health (" ISDH" ). We affirm.

Issue

[¶2] Northlake raises one issue, which we restate as whether the trial court properly denied its petition for judicial review.

Facts

[¶3] Northlake operated a nursing facility in Merrillville, and the ISDH licenses such facilities. In January 2009, the ISDH conducted a recertification and licensure survey of Northlake's facility and found that it was " not in compliance with health facility regulations." Appellant's App. p. 79. The ISDH filed an administrative complaint against Northlake, and Northlake agreed to enter into a Consent Decree to resolve the complaint. Under the May 2009 Consent Decree, the ISDH agreed to issue a three-month probationary license to Northlake. At the end of the probationary period, the ISDH agreed to reevaluate conditions at the facility. If it found that Northlake was " in substantial compliance with 410 I.A.C. 162," the ISDH agreed to issue a full license to Northlake upon Northlake's submission of an application and license fee. If Northlake was not in substantial compliance, the ISDH could extend the probationary license. Under Indiana Code Section 16-28-3-4, the ISDH can issue no more than three probationary licenses in a twelve-month period.

[¶4] Northlake's first probationary license was in effect from May 1, 2009, through July 31, 2009. At the end of the probationary license, the ISDH found that Northlake was not in substantial compliance and issued a second probationary license effective from August 1, 2009, to October 31, 2009. The ISDH again found that Northlake was not in substantial compliance during its second probationary period and issued a third probationary license effective from November 1, 2009, to January ...


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