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Marion Hospital Corp. v. Illinois Health Facilities Planning Board

Case Date: 07/13/2001
Court: 1st District Appellate
Docket No: 1-00-1969 Rel

July 13, 2001

No. 1-00-1969


MARION HOSPITAL CORPORATION,

          Plaintiff-Appellant,

v.


ILLINOIS HEALTH FACILITIES PLANNING
BOARD; PAM TAYLOR, CHAIR, ILLINOIS
HEALTH FACILITIES PLANNING BOARD;
ILLINOIS DEPARTMENT OF PUBLIC HEALTH;
AND SOUTHERN ILLINOIS HOSPITAL SERVICES,
d/b/a Memorial Hospital of Carbondale,

          Defendants-Appellees.

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)		 Appeal from the
Circuit Court of
Cook county.









The Honorable
Lester Foreman
Judge Presiding.


JUSTICE REID delivered the opinion of the court:

The appellant, Marion Hospital Corporation (Marion), appealsthe circuit court's decision to affirm the Illinois HealthFacilities Planning Board's (Board) approval of the applicationof appellee Southern Illinois Hospital Services d/b/a MemorialHospital of Carbondale (Carbondale), for a permit to add openheart surgery service at its hospital. Marion contends that theactions of the Board in approving Carbondale's application werearbitrary and capricious, where Carbondale's application failedto meet certain review criteria. For the following reasons, weaffirm.

BACKGROUND 

On February 10, 1999, Carbondale completed an applicationfor a permit to add adult open heart surgery service at itshospital. The Illinois Department of Public Health issued areport evaluating Carbondale's application. The report foundthat Carbondale did not meet the review criterion of section1110.1230(b) of the Administrative Code, which provides:

"The applicant must document that a minimum of 200 openheart surgical procedures will be performed during thesecond year of operation or that 750 cardiaccatheterizations were performed in the latest 12 monthperiod for which data is available. Anticipated openheart surgical volume must be documented by historicalreferral volume of at least 200 patients directlyreferred following catheterization at the applicantfacility to other institutions for open heart surgeryfor each of the last two years." 77 Ill. Adm. Code