Salvatore Arcidiacono v. Elizabeth Whitehorn
── Salvatore Arcidiacono v. Elizabeth Whitehorn ──
Court: Court of Appeals for the Seventh Circuit
Date: June 08, 2026
Category: General
In the
United States Court of Appeals
for the Seventh Circuit
____________________
No. 24-3019
SALVATORE ARCIDIACONO, et al.,
Plaintiffs-Appellants,
v.
ELIZABETH M. WHITEHORN and
DULCE QUINTERO,
Defendants-Appellees.
____________________
Appeal from the United States District Court for the
Northern District of Illinois, Eastern Division.
No. 24 CV 412 — Manish S. Shah, Judge.
____________________
ARGUED OCTOBER 29, 2025 — DECIDED JUNE 8, 2026
____________________
Before SYKES, ST. EVE, and MALDONADO, Circuit Judges.
SYKES, Circuit Judge. When a Medicaid beneficiary is
admitted to a long-term care facility in Illinois, the facility
must submit an electronic form to the Illinois Department of
Healthcare and Family Services providing basic information
about the patient, the reason for admission, and the type of
care the facility expects to provide. This “admission packet”
is a prerequisite to the facility’s Medicaid reimbursement.
2 No. 24-3019
The plaintiffs here are four Illinois Medicaid beneficiaries
who were admitted to long-term care facilities and whose ad-
mission packets were rejected or mishandled by the Depart-
ment. That, in turn, meant that the healthcare facilities were
not reimbursed for at least a portion of their care. And alt-
hough the law prohibits medical providers from billing
Medicaid beneficiaries for unreimbursed care, the healthcare
facilities billed the plaintiffs anyway. But the bills were mean-
ingless because beneficiaries are not liable for the cost of un-
reimbursed care.
Although they suffered no financial loss or interruption in
their healthcare services, the plaintiffs sued the state officials
who run the Medicaid program claiming that the Department
rejected their admission packets for either hypertechnical rea-
sons or no reason at all. They propose to represent a class of
Medicaid beneficiaries whose admission packets were re-
jected under similar circumstances. The suit raises claims for
violation of due process and the Medicaid Act and seeks a
permanent injunction requiring systemic reform.
The defendants moved to dismiss the case on two
grounds: lack of standing and failure to state a viable claim
for relief. The district judge granted the motion on the second
ground, reasoning that the plaintiffs adequately alleged
standing to sue (because they had received bills from the
healthcare facilities) but failed to state a claim for violation of
a statutory or constitutional right. The plaintiffs appealed.
We begin and end with the question of standing. As noted,
the complaint requests only injunctive relief; the plaintiffs do
not seek damages. To establish standing to sue for injunctive
relief, the plaintiffs must allege facts showing that they “face
a real and immediate threat of repeated injury.” Murthy v.
No. 24-3019 3
Missouri, 603 U.S. 43, 58 (2024) (quotation omitted). They have
not done so. The rejection of their admission packets did not
harm them, and they have not alleged any facts showing that
they face a real and imminent threat of future injury. Accord-
ingly, the plaintiffs lack standing to sue, and their complaint
should have been dismissed on that basis. We therefore mod-
ify the judgment to reflect a jurisdictional dismissal. As mod-
ified, we affirm the judgment.
I. Background
This case comes to us at the pleading stage, so we accept
as true the following allegations from the amended com-
plaint. Between 2018 and 2023, the four named plaintiffs—
Salvatore Arcidiacono, William Brown, Susan Miller, and
William Sarchet—were admitted for long-term care at
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}