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PEKIN MEMORIAL HOSP. v. DEPT. OF PUBLIC. AID

No. 3-94-0552.

653 N.E.2d 70 (1995)

273 Ill.App.3d 259

210 Ill.Dec. 483

PEKIN MEMORIAL HOSPITAL k/n/a Pekin Hospital, Plaintiff-Appellee, v. The DEPARTMENT OF PUBLIC AID et al., Defendants-Appellants.

Appellate Court of Illinois, Third District.

July 3, 1995.

Attorney(s) appearing for the Case

Jerald S. Post (argued), Asst. Atty. General, James Ryan, Atty. Gen., Chicago, for appellants Bur. of Med. Quality Assurance, Bureau of Adm. Litigation, Department of Public Aid, Thomas A. Graham, Robert W. Wright.

Gery R. Gasick (argued), Michael J. Holt, Quinn, Johnston, Henderson Pretorius, Peoria, for appellee Pekin Memorial Hosp., Pekin Hosp.

Justice BRESLIN delivered the opinion of the court:

The defendant, the Illinois Department of Public Aid (Department), appeals from the granting of summary judgment and statutory attorney fees to the plaintiff, Pekin Memorial Hospital (hospital). The issues are: (1) whether a change in the Public Aid Code (305 ILCS 5/5A-9 (West 1992)) (Code) adopted during the administrative review of a Department audit applies to that audit; and (2) whether the trial court erred...

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