Kankakee Co. seeks injunction to restore St. Mary’s services

KANKAKEE – Kankakee County State’s Attorney Jim Rowe filed a complaint in circuit court Wednesday regarding Prime Healthcare testimony before a state agency before the sale of St. Mary’s Hospital.

Prime Healthcare purchased St. Mary’s as well as seven others in the state operated by Ascension this past year. Prime took ownership March 1.

In the court filing, Rowe alleges that Prime was not being honest when it provided testimony before the health facilities board.

The case will be heard 9 a.m. Monday.

Rowe is asking a judge to order Prime be made to go back before the Illinois Health Facilities and Services Review Board and have another public hearing.

Rowe also wants a preliminary and/or permanent injunction to maintain categories of service until Prime obtains state approval from HFSRB to discontinue those services.

Those actions would include reinstatement and maintaining the obstetrics, gynecology, childbirth and delivery services and its Trauma Level II designation levels until Prime would get approval after another public hearing.

“In Prime’s application and testimony before the review board it defrauded, misrepresented, lied and/or misled the people, the HFSRB, the patients of St. Mary’s and the community it purports to serve,” the court filing said.

Prime officials knew if they told the truth about their plans for St. Mary’s it would have been opposed by all parties, the filing said.

In an email response to The Daily Journal regarding this legal action, Prime stated:

“Prime Healthcare does not comment on pending legal matters and cannot address the state’s attorney’s complaint.

“St. Mary’s Kankakee is part of the nonprofit Prime Healthcare Foundation and all changes in service lines have involved a thorough, data-driven analysis taking into account patient utilization, quality care and access and capacity at nearby facilities to meet community needs.”

The health care company also stated every service line change has followed all applicable requirements of the Health Facilities Services Review Board (HFSRB) and Illinois Department of Public Health (IDPH).

According to Rowe’s complaint, the Illinois Health Facilities and Services Review Board approved the sale in December 2024, following a review of Prime Healthcare’s application for approval of the sale as well as a public hearing.

The hearing occurred Sept. 6, 2024 in Kankakee.

During that hearing, Fred Ortega, corporate director of public relations for Prime Healthcare, affirmed in his statement to the board, “Prime Healthcare has committed to continuing all services at these facilities and hopes to expand services based upon community needs,” the court filing said.

When taking over the hospitals, Prime said no changes would occur for 18 to 24 months, as it studied the cost of services being offered.

Since formally taking ownership of St. Mary’s Hospital, a nonprofit hospital, and other facilities March 1, Prime has eliminated the childbirth labor and delivery services in Kankakee, as well as patient care managers in less than 50 days after the sale was closed.

Prime requested a voluntary suspension of its Level II trauma designation to the state based on its lack of OB surgical coverage.

“We believe Prime failed to follow the law and misled the State of Illinois in acquiring St. Mary’s Hospital, so we asked the HFSRB and Attorney General to investigate and take action,” Rowe said in a statement.

He took that action late last month.

“They have not responded, so we are taking up that fight,” Rowe said. “We can’t let this become the new model for hospital acquisitions in Illinois, and we can’t let St. Mary’s illegally discontinue crucial services to women and families in Kankakee County.”