Before we get to the latest legal and licensing updates, we have some news to share about the way we share our news.
The story of Albany Care's past and present is a labyrinthine one. We're committed to reporting the facts wherever they lead, to presenting them in a clear, fair, and accessible way. As we wade through court orders, IDPH investigations, news reports, affidavits, advisory board rosters, and political donations, we want to keep focus on the people at the heart of this story: the people who rely on the SMHRF system for its promise of care and safety.
So we're branching out.
This petition -- its research, resources, and updates -- will remain the home base for our calls for accountability and reform. As new information comes to light, we will also begin sharing it, as appropriate, in two new forums: An Instagram account, @FitzsimonsNeighbors; and a just-launched Substack. The Substack will mirror the content of our petition updates while also publishing deeper-dive content unique to that site. First up: The Many Lives of 921 Maple.
Both outlets will offer more opportunities for public engagement -- through comments, tagging of state and elected officials, and sharing of information. We hope you will continue to follow this story in these new venues, to subscribe to the feeds, to share updates with other members of our community, and to offer your advice and insight. And we'll keep at it, unearthing facts and sharing them with the public.
Because the public has a right to know.
Because state agencies who work for the public should use their regulatory power to keep the public safe.
Because politicians who claim to speak for the public should listen when the public speaks.
Because private companies taking public money should answer to the public.
Now, on to the updates:
On August 12th, attorneys representing Albany Care Inc and Greenwood Care Inc filed a Complaint for Declaratory Judgment and Injunctive Relief in the Chancery Division of the Circuit Court of Cook Country. The next day, on August 13th, they filed an Emergency Motion seeking a “Temporary Restraining Order and Preliminary Injunction against Defendant Illinois Department of Public Health.”
(Two of the four counts in the August 12th complaint pertain to Greenwood Care, Albany Care's sibling SMHRF located at 1406 Chicago Avenue. These are in response to a Level 4 citation issued by IDPH. That citation stems from an investigation into the facility's handling of a case of alleged sexual assault on March 18th by one resident of Greenwood Care against another, an incident that has not been previously reported to the public.)
The counts related to Albany Care focus on IDPH's placement of the facility on a Level 5 restricted license on July 2nd, following a complaint investigation initiated after the death of a longtime Albany Care resident on March 25th. In a 23-page-long survey document dated April 28th, and obtained through a Freedom of Information Act request, the IDPH surveyor made the following determinations. (In its surveys, IDPH utilizes code letters and numbers to maintain the confidentiality of consumers -- i.e. SMHRF residents -- as well as executives, staff and other interviewees, and to distinguish between the different subjects in the report.)
After quoting relevant sections of the SMHRF code, the surveyor writes: "Based on interviews and record review the facility failed to recognize a significant change in condition for 2 consumers (C1, C6). The facility failed to notify the physician about the patient's worsening symptoms for 2 consumers (C1, C6). The facility failed to ensure that a consumer's medical status is reported to the physician or to the Director of Nursing when a physician is unable to be contacted for 1 consumer (C6). The facility failed to ensure the correct documentation and carrying out of the physician's orders for 1 consumer (C6). The facility failed to ensure a physician was available 24 hours a day for consumer care as per physician contract for 1 consumer (C1). The facility also failed to provide treatment which caused a delay in care on 03/25/25, which could have led to death of one (C1) of five consumers reviewed for nursing services." The document goes on to detail the surveyor's investigatory findings, including excerpts from witness interviews.
In public comments -- including those quoted in a July 22nd story in the Evanston RoundTable -- and in documents that form the basis of the August 12th legal filing, representatives for Albany Care have disputed these determinations and denied wrongdoing.
In response Albany Care and Greenwood Care’s complaint, lawyers for the Illinois Department of Public Health filed a motion to dismiss.
On August 26th, Judge David B. Atkins entered a ruling on the case. Judge Atkins found in favor of IDPH on all counts, denying Albany Care Inc and Greenwood Care Inc's Motion for a Temporary Restraining Order and granting IDPH's Motion to Dismiss. The Order concludes: "This matter is hereby dismissed with prejudice in its entirety.”
Albany Care and Greenwood Care have the right to appeal this ruling.
For now, Albany Care's restricted license remains in effect. The Level 5 restriction -- which, among other things, prohibits the facility from admitting new residents -- was originally set to expire on September 2nd. As of last week, the restriction has been extended until October 2nd.
In the meantime, we’ll have much more to report — on the petition site, on Instagram, and on Substack.
Please stay tuned.