M.A.K. v. Rush-Presbyterian St. Luke's Medical Center

State: Illinois

Court: 3rd District Appellate

Docket No: 3-99-0618 Rel

Case Date: 10/11/2000

11 October 2000

No. 3--99--0618

IN THE

APPELLATE COURT OF ILLINOIS

THIRD DISTRICT

A.D., 2000

M. A. K.,
Plaintiff-Appellant,

RUSH-PRESBYTERIAN
ST. LUKE'S MEDICAL CENTER,
d/b/a RUSH BEHAVIORAL
HEALTH CENTER DU PAGE,
Defendant-Appellee.

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Appeal from the Circuit Court
of the 12th Judicial Circuit
Will County, Illinois

97--L--311

Honorable
Thomas M. Ewert
Judge, Presiding.

MODIFIED ON DENIAL OF REHEARING

JUSTICE BRESLIN delivered the opinion of the court:

Plaintiff filed suit against Rush Presbyterian St. Luke'sMedical Center (Rush) and Royal Maccabees Life Insurance Company(Royal Insurance). Plaintiff alleged that Rush breached itsphysician/patient relationship with him by releasing his medicalrecords, which contained information about his treatment foralcohol abuse, to Royal Insurance. The trial court issued judgmenton the pleadings to Rush. We reverse and hold that the phrase "anyphysician, medical practitioner, hospital, clinic, health carefacility or other medical or medically related facility," does notmeet the general designation requirement of the Code of FederalRegulations (Federal Regulations)(42 C.F.R.