STATE WHISTLEBLOWER STATUTE

State ex rel. Raymer v. U. of Chicago Hosp., No. 06 L 2742 (Ill. Cir. Ct. Oct. 6, 2006)

The Circuit Court of Illinois denied a hospital's motion to dismiss a claim brought under the Illinois Whistleblower Reward and Protection Act (IWRPA) by two former nurses. The nurses alleged that the hospital violated the IWRPA by certifying compliance with state law in its annual Medicaid cost reports and billing certifications, when the hospital was allegedly in violation of the laws with respect to double bunking, overcrowding, and infection control within its Neonatal Intensive Care Unit (NICU). The court found that the nurses had an actionable claim. The court's analysis showed that the hospital's certification of compliance was a prerequisite to receiving payment, the hospital knowingly and intentionally made the false certifications, and the payments from the state were made in reliance on the certification of compliance. Therefore, pursuant to the IWRPA, the nurses pled the specific facts necessary to show that the hospital made false certifications to the state.