Mainstreet Sues State
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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowCarmel-based Mainstreet Property Group LLC is taking the state to court over a moratorium on new transitional care facilities. The suit, filed Friday in Hamilton County Circuit Court, cites top Indiana State Department of Health officials and says the law is a violation of both the Indiana and U.S. Constitutions.
Senate Enrolled Act 460 became law last year without Governor Mike Pence’s signature after its approval by the General Assembly. The Terre Haute-based Bopp Law Firm is representing the developer and says provisions of the law prevent the Department of Health from licensing new facilities or beds, certifying new beds to participate in state Medicaid or transferring beds between existing facilities.
Mainstreet adds that the law halted completion of pending projects, costing the company more than $9 million. The company has developed two dozen properties in the state and a handful out-of-state, with 30 currently under construction throughout the U.S.
Attorney Jim Bopp says "prohibiting a business like Mainstreet from doing business in our state, and losing the jobs that they can create, just to protect existing antiquated nursing homes makes no sense for Hoosiers. We believe that the Constitution prevents that from happening through this retroactive Moratorium."
Founder and Chief Executive Officer Zeke Turner says "after careful consideration, we believe that filing this lawsuit is our only recourse to challenge a moratorium that has stifled competition and essentially cut Hoosiers off from receiving care that gets them well and back to their lives. We look forward to pursuing this case on its legal merits, and its eventual resolution."
You can view a copy of the complaint provided by The Bopp Law Firm here: