James v. Geneva Nursing & Rehab. Ctr.

1

2024 IL 130042

2024 IL 130042DONALD JAMES, as Executor of the Estate of Lucille Helen James, Deceased, et al., Appellants, v. GENEVA NURSING AND REHABILITATION CENTER, LLC, d/b/a Bria Health Services of Geneva, Appellee.

No. 130042

Supreme Court of Illinois

October 18, 2024

JUSTICE HOLDER WHITE delivered the judgment of the court with opinion. Chief Justice Theis and Justices Neville Overstreet, Rochford, and O'Brien concurred in the judgment and opinion. Justice Cunningham dissented, with opinion.

OPINION

HOLDER WHITE JUSTICE

¶ 1 In this appeal, the Kane County circuit court certified the following question for interlocutory appeal pursuant to Illinois Supreme Court Rule 308 (eff. Oct. 1, 2019):

"Does Executive Order 2020-19 provide blanket immunity for ordinary negligence to healthcare facilities that rendered assistance to the State during the COVID-19 pandemic?"

¶ 2 The appellate court considered the certified question and determined "the certified question incorrectly describe[d] the scope of the immunity at issue as well as its source." 2023 IL App (2d) 220180, ¶ 15. The court modified the certified question as follows:

" 'Does Executive Order No. 2020-19, which triggered the immunity provided in 20 ILCS 3305/21(c) [(West 2020)] grant immunity for ordinary negligence claims to healthcare facilities that rendered assistance to the State during the COVID-19 pandemic?'" Id. ¶ 21.

The court answered the modified question in the affirmative. Id. This court allowed plaintiffs' petition for leave to appeal. Ill. S.Ct. R. 315(a) (eff. Oct. 1, 2021). For the following reasons, we answer the certified question as modified, in the affirmative, affirm the judgment of the appellate court, and remand the cause to the circuit court for further proceedings.

¶ 3 I. BACKGROUND

¶ 4 A. Governor's Response to COVID-19

¶ 5 On March 9, 2020, Illinois Governor J.B. Pritzker declared the entire state of Illinois a disaster area in response to the outbreak of the 2019 novel coronavirus (COVID-19), pursuant to section 7 of the Illinois Emergency Management Agency Act (Act) (20 ILCS 3305/7 (West 2020)). Gubernatorial Disaster Proclamation No. 2020-38, 44 Ill. Reg. 4744 (Mar. 9, 2020), https://www.illinois.gov/content/dam/ soi/en/web/illinois/documents/government/disaster-proclamations/coronavirus/ coronavirus-disaster-proc-03-12-2020.pdf [https://perma.cc/W882-CQA7]. The Governor issued subsequent 30-day disaster proclamations on April 1, 2020, April 30, 2020, and beyond, extending the statewide disaster proclamation until the final proclamation expired on May 11, 2023. See Fox Fire Tavern, LLC v. Pritzker, 2020 IL App (2d) 200623, ¶ 4; Governor Issues Disaster Proclamation, Coronavirus, State of Ill. Exec. &Admin. Orders, https://www.illinois.gov/government/ executive-orders.html (last visited June 26, 2024) [https://perma.cc/6JW9-4XGK].

¶ 6 On April 1, 2020, while the disaster proclamation was in effect, the Governor issued Executive Order No. 2020-19, directing health care facilities, including private nursing homes, to "render assistance" to the State by providing health care services in response to the COVID-19 outbreak. Exec. Order No. 2020-19, 44 Ill. Reg. 6192 (Apr. 1, 2020), https://www.illinois.gov/government/executive-orders/ executive-order.executive-order-number-19.2020.html [https://perma.cc/EKB4- HYNE]. The Governor's purpose in issuing Executive Order No. 2020-19, one of the first directives to address the COVID-19 outbreak, was to "ensur[e] the State of Illinois ha[d] adequate bed capacity, supplies, and providers to treat patients afflicted with COVID-19, as well as patients afflicted with other maladies." Id. Section 3 of the executive order provided immunity as follows,

"Pursuant to Sections 15 and 21(b)-(c) of the [Act], 20 ILCS 3305/15 and 21(b)-(c), I direct that during the pendency of the Gubernatorial Disaster Proclamation, Health Care Facilities, as defined in Section 1 of this Executive Order, shall be immune from civil liability for any injury or death alleged to have been caused by any act or omission by the Health Care Facility, which injury or death occurred at a time when a Health Care Facility was engaged in the course of rendering assistance to the State by providing health care services in response to the COVID-19 outbreak, unless it is established that such injury or death was caused by gross negligence or willful misconduct of such Health Care Facility, if 20 ILCS 3305/15 is applicable, or by willful misconduct, if 20 ILCS 3305/21 is applicable." Id. § 3.

¶ 7 On April 30, 2020, the Governor reissued Executive Order No. 2020-19 as Executive Order No. 2020-33. Exec. Order No. 2020-33, 44 Ill. Reg. 8425 (Apr. 30, 2020), https://www.illinois.gov/government/executive-orders/executive-order. executive-order-number-33.2020.html [https://perma.cc/8XQZ-M5V2]. In this appeal, we refer to the two orders collectively as "Executive Order No. 2020-19."

¶ 8 B. Procedural History ¶ 9 The plaintiffs in this case are executors and an independent administrator of the estates of the decedents, former residents of defendant, Geneva Nursing and Rehabilitation Center, LLC, doing business as Bria Health Services of Geneva (Bria). Plaintiffs filed separate wrongful-death lawsuits against Bria, each alleging in a second amended complaint that Bria negligently and willfully failed to control the spread of COVID-19 in the facility, which led to the deaths of the decedents. According to the complaints, between March and May 2020, each decedent contracted COVID-19 and died from related respiratory complications or respiratory failure (acute hypoxia) while in Bria's care. The complaints generally assert that the decedents contracted COVID-19 from Bria's failure to properly quarantine symptomatic staff members and residents and its failure to implement effective procedures for maintaining hygiene and equipment, including personal protective equipment (PPE) such as masks and gowns, thereby exposing decedents to the virus during this period, which proximately caused the decedents' deaths.

¶ 10 In response, Bria filed motions to dismiss plaintiffs' negligence claims with prejudice pursuant to section 2-619 of the Code of Civil Procedure (735 ILCS 5/2619 (West 2020)), alleging it was "rendering assistance" to the State when plaintiffs' decedents died and therefore it was immune from the suits for ordinary negligence. In moving to dismiss, Bria stated that, as a skilled and intermediate long-term care facility licensed under the Nursing Home Care Act (210 ILCS 45/1101 et seq. (West 2020); see 77 Ill. Admin. § 1130.215(c) (2016)), it fell under section 21(c) of the Act and Executive Order No. 2020-19 because it is a "corporation that rendered assistance at the request of the State *** during an actual or impending disaster." See 20 ILCS 3305/21(c) (West 2020); Exec. Order No. 2020-19, 44 Ill. Reg. 6192. Bria asserted that, at the time of the decedents' deaths, it was rendering assistance to the State by (1) obtaining and preserving PPE; (2) training staff in the effective and efficient use of PPE; (3) continuing to accept admissions from acute care hospitals, thereby doing its part to ensure that the pandemic would not overwhelm the Illinois health care system; and (4) taking necessary steps to prevent, contain, and treat the spread of COVID-19 in the facility. Accordingly, Bria argued it was immune from the claims of ordinary negligence and that those claims must be dismissed by virtue of Executive Order No. 2020-19 and the Act. In support of its motions to dismiss, Bria attached an affidavit from Patti Long, an administrator at Bria, who testified to various actions Bria took to render assistance to the State during the COVID-19 outbreak.

¶ 11 The circuit court denied Bria's motions to dismiss plaintiffs' ordinary negligence claims but granted Bria leave to file a motion to certify a question for interlocutory appeal. Bria timely filed a motion to certify a question for interlocutory review pursuant to Illinois Supreme Court Rule 308 (eff. Oct. 1, 2019). The circuit court granted Bria's motion to certify a question for interlocutory review, over plaintiffs' objections, and stayed discovery proceedings. Plaintiffs filed a motion to reconsider the circuit court's order granting Bria's Rule 308 motion to certify a question for interlocutory review and corresponding stay of discovery pleadings. ^[1] The circuit court denied the motion to reconsider and certified the following question for interlocutory appeal: "Does Executive Order 2020-19 provide blanket immunity for ordinary negligence to healthcare facilities that rendered assistance to the State during the COVID-19 pandemic?"

¶ 12 The appellate court granted Bria leave to appeal. 2023 IL App (2d) 220180, ¶ 11 (citing Ill. S.Ct. R. 308 (eff. Oct. 1, 2019)). The court also granted leave for the Illinois Trial Lawyers Association to submit amicus briefs and received briefing from the Illinois Attorney General on the relevant statutory authority. Id.

¶ 13 The appellate court considered the certified question and determined the scope of its review was not limited to the language of the question as certified. Id. ¶ 13. The court found "the certified question incorrectly describes the scope of the immunity at issue as well as its source." Id. ¶ 15. The court first explained the certified question's use of the phrase" 'blanket immunity'" was inapt (id.), as it could be taken to "erroneously suggest that Bria could be immune from both negligence claims and claims of willful misconduct" (emphases in original) (id. ¶ 16).

¶ 14 Additionally, the court found the certified question misconceived the source of Bria's potential immunity. Id. ¶ 17. The court stated, "[a]ny...