Marion Hospital Corp. v. Illinois Health Facilities Planning Bd.

State: Illinois

Court: 1st District Appellate

Docket No: 1-00-1696 Rel

Case Date: 03/29/2001

FOURTH DIVISION
FILED: 03/29/01

No. 1-00-1696

MARION HOSPITAL CORPORATION,

Plaintiff-Appellant,

ILLINOIS HEALTH FACILITIES PLANNING
BOARD; PAM TAYLOR, CHAIRMAN, ILLINOIS
HEALTH FACILITIES PLANNING BOARD;
ILLINOIS DEPARTMENT OF PUBLIC HEALTH;
SOUTHERN ILLINOIS ORTHOPEDIC CENTER,
L.L.C; SOUTHERN ORTHOPEDIC ASSOCIATES,
L.L.C., AND SOUTHERN ILLINOIS HOSPITAL
SERVICES;

Defendants-Appellees.

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Appeal from the
Circuit Court of
Cook County.

Honorable
Robert V. Boharic
Judge Presiding.

JUSTICE HOFFMAN delivered the opinion of the court:

The Illinois Health Facilities Planning Board (Board) granted a permit allowing SouthernIllinois Orthopedic Center, L.L.C. (SIOC) to construct an ambulatory surgical treatment center inHerrin, Illinois. The plaintiff, Marion Hospital Corporation (Marion), which operates MarionMemorial Hospital, filed a complaint for administrative review in the circuit court of Cook Countychallenging the issuance of the permit. The circuit court confirmed the Board's decision, and thisappeal followed.

In accordance with the Illinois Health Facilities Planning Act (Planning Act), any partywishing to construct a health care facility must first obtain a permit from the Board. 20 ILCS 3960/5(West 1998). The Board shall approve the issuance of a permit if it finds that the applicant is fit,willing, and able to provide a proper standard of health care for the community and that the projectis economically feasible, consistent with the public interest, consistent with the orderly and economicdevelopment of such facilities, and in accord with the criteria adopted pursuant to section 12 of thePlanning Act. 20 ILCS 3960/6 (West 1998). Pursuant to section 12, the Board has promulgatedregulations containing criteria for it to consider when reviewing permit applications. The regulationsrelevant to the instant case are contained in sections 1110 and 1120 of Title 77 of the IllinoisAdministrative Code (Title 77). 77 Ill. Adm. Code