ProCure Treatment Centers, Bloomington, Ind., has initiated legal action that blames its failure to obtain a certificate of need for an Illinois proton-beam facility on a conspiracy it believes was orchestrated by Northern Illinois University, which won permission from the Illinois Health Facilities Planning Board in February for a similar project in West Chicago.
ProCure filed a petition for discovery in Cook County (Ill.) Circuit Court seeking documents and identities of individuals who may have influenced the CON process, which could lead to the filing of a lawsuit. We believe there is a campaign to monopolize proton therapy initiatives in Illinois and restrain others from entering the state to the detriment of the public at large, ProCure Chief Executive Officer Hadley Ford said in a memo to employees that was distributed to reporters by a public relations firm working for the company. NIU, in a written statement, called ProCures move an exercise of delay and interference.
In the court document, ProCure accuses NIU, a state institution with its main campus in DeKalb, of using an certificate of exemption application process rather than seeking a CON in order to have its project considered first, which required what ProCure argues was an unrealistic promise that the facility will be complete in 24 months. At its April meeting, the state planning board voted an intent to deny on the ProCure project in Warrenville, a joint venture with 339-bed Central DuPage Hospital, Winfield. The legal filing blames the boards decision on misrepresentations by NIU and its consultant. -- by Gregg Blesch