Elevate Care, a for-profit nursing home chain with roughly 14 facilities in Illinois and one in Florida, is the defendant in a federal wage-and-hour collective action covering 13 of its Illinois locations, and several of its facilities have drawn six-figure state and federal fines over the past two years, including two $50,000 penalties tied to resident deaths. Families of injured residents can also sue the chain directly under the Illinois Nursing Home Care Act. Here is what each of those legal fronts involves.
The Federal Wage-and-Hour Collective Action
On November 17, 2025, former employee Juan Lopez Nino filed Nino v. Elevate Care, Inc. et al (Case No. 1:25-cv-14051) in the U.S. District Court for the Northern District of Illinois. The complaint alleges violations of the Fair Labor Standards Act and was brought as a class and collective action, with a jury demand.1Justia Dockets. Nino v. Elevate Care, Inc. et al
The suit names Elevate Care, Inc. along with 13 subsidiary LLCs operating facilities in Abington, Chicago North, Country Club Hills, Glenview, Irving Park, Niles, North Branch, Northbrook, Palos Heights, Riverwoods, South Holland, Waukegan, and Windsor Park.2PACER Monitor. Nino v. Elevate Care, Inc. et al The core allegations involve unpaid wages and overtime, including a claim that employees were required to complete mandatory training modules off the clock without pay.3USA Employment Lawyers. Elevate Care Illinois Wage Investigation
Dozens of current and former employees have filed consents to join, with additional waves in January 2026. The opt-ins come from nursing, dietary, housekeeping, and administrative roles across the chain.1Justia Dockets. Nino v. Elevate Care, Inc. et al
If you worked at any of the 13 named facilities, you may be eligible to join. The case is currently stayed for mediation set for July 29, 2026, with a status hearing before Judge Mary M. Rowland on August 4, 2026.1Justia Dockets. Nino v. Elevate Care, Inc. et al
State Fines Tied to Resident Deaths
Two Elevate Care facilities received “AA” violations from the Illinois Department of Public Health during the same enforcement quarter. AA is the most severe classification under the Illinois Nursing Home Care Act, reserved for conditions that proximately caused a resident’s death. Each violation carried a $50,000 fine.4Illinois Department of Public Health. IDPH Nursing Home Violation Actions
Elevate Care Waukegan
On September 20, 2024, a certified nursing assistant found a resident unresponsive and without a pulse at 6:29 p.m. The resident was designated “Full Code,” meaning staff were supposed to begin life-saving measures immediately. Instead, the CNA left the room to find a nurse, later telling investigators she “didn’t know what to do” and was “nervous.” When a registered nurse arrived, he confirmed there was no pulse but then left the room to verify the code status on a computer at the nurses’ station before returning to start CPR.5Lake and McHenry County Scanner. State Cites Waukegan Nursing Home After Delay in CPR Leads to Death of Resident Paramedics arrived at 6:35 p.m. The resident was pronounced dead at 7:10 p.m. from cardiopulmonary arrest. IDPH concluded the facility failed to provide immediate life-sustaining treatment and lacked an effective process for staff to quickly confirm code status.6Illinois Department of Public Health. Elevate Care Waukegan Survey Report NH 24-C1285
Elevate Care North Branch
The Niles facility received its own AA violation and $50,000 fine during the same period, with the underlying IDPH report dated July 11, 2024. Publicly available details about the incident are limited.4Illinois Department of Public Health. IDPH Nursing Home Violation Actions
Elevate Care South Holland
A November 2024 IDPH investigation found that a resident admitted in August 2024 with a severe pressure ulcer, sepsis, and quadriplegia had a wound culture ordered on October 3 after signs of infection appeared. Results returned on October 7 showed a significant bacterial load. Nobody notified the resident’s physician or nurse practitioner. The Director of Nursing acknowledged receiving the emailed results but could not explain the lack of follow-up. On October 26, the resident was hospitalized with osteomyelitis in the sacral area. Both the infectious disease nurse practitioner and the wound physician told investigators they would have ordered antibiotics immediately had they been informed.7Illinois Department of Public Health. Elevate Care South Holland Survey Report
Chain-Wide Fines and Staffing Numbers
These incidents fit a broader enforcement pattern. ProPublica’s Nursing Home Inspect database, using CMS data, shows Elevate Care facilities averaging $147,770 in fines per home, nearly five times the $31,434 national average. Nurse staffing across the chain averages 3.3 hours per resident per day, below the 3.9-hour national average.8ProPublica. Elevate Care Nursing Homes
Elevate Care Country Club Hills has carried a 1-star overall CMS rating for 82 consecutive months as of early 2026, accumulated more than $401,000 in federal fines over three years, and had Medicare payments denied twice. State surveyors found the facility caused actual harm to residents as recently as November 2025, and staffing data indicates it operated at levels classified as “unsafe” on roughly 61% of days in 2024.9Nursing Homes Abuse Advocate. Elevate Care Country Club Hill10Medicare.gov. Elevate Care Country Club Hills
Elevate Care North Branch has drawn $234,006 in federal fines over three years, including a single $150,301 fine in July 2024. Its long-stay pressure ulcer rate is 10.3% (national average 4.9%) and its antipsychotic medication use rate is 23.6% (national average 15.4%). Elevate Care Chicago North was fined $25,000 for a Type A violation in early 2024 after surveyors documented actual harm to residents on multiple occasions, and holds a 1-star CMS rating with a consumer alert for reported abuse.11Medicare.gov. Elevate Care North Branch
Suing Elevate Care Over a Resident’s Injury
State fines go to the state, not to families. To recover for a resident’s injury or death, a family has to bring a private civil suit. The Illinois Nursing Home Care Act provides that pathway. Under the statute, owners and licensees are liable for any intentional or negligent act or omission by their agents or employees that injures a resident.12DuPage County Bar Association. Nursing Home Litigation Under the Illinois Nursing Home Care Act
A few features of the Act matter to potential plaintiffs. Claims proceed as ordinary negligence rather than medical malpractice, so no affidavit of merit is required to file. Prevailing residents recover actual damages plus attorney’s fees and costs, with courts reading “costs” broadly to include litigation expenses. Punitive damages are available on a showing of willful and wanton misconduct. The Act also bars pre-suit waivers of the right to sue or to a jury trial, and it permits class actions.12DuPage County Bar Association. Nursing Home Litigation Under the Illinois Nursing Home Care Act13Illinois General Assembly. Illinois Nursing Home Care Act, 210 ILCS 45
If a family member was injured or died at an Elevate Care facility, an IDPH survey report documenting the incident is often a useful starting point for an attorney evaluating a case.