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BURGER v. LUTHERAN GENERAL HOSP.

Nos. 89643, 89644.

759 N.E.2d 533 (2001)

198 Ill.2d 21

259 Ill.Dec. 753

Doris BURGER, Appellee, v. LUTHERAN GENERAL HOSPITAL et al., Appellants.

Supreme Court of Illinois.

Rehearing Denied December 3, 2001.

Attorney(s) appearing for the Case

Eugene A. Schoon, Susan A. Weber and Darin V. Osmond, of Sidley & Austin, Chicago, for appellants Lutheran General Hospital et al.

Hugh C. Griffin, Hugh S. Balsam and Sarah H. Dearing, of Lord, Bissell & Brook, Chicago, for appellants Rush-Presbyterian-St. Luke's Medical Center et al.

Keith A. Hebeisen, of Clifford Law Offices, and Bruce R. Pfaff, Chicago, for appellee.

Richard A. Devine, State's Attorney, Chicago (Patrick T. Driscoll, Jr., and Sara Dillery Hynes, Assistant State's Attorneys, of counsel), for amicus curiae County of Cook.

Thaddeus J. Nodzenski and Mark D. Deaton, Naperville, for amicus curiae Illinois Hospital & Healthsystems Association.

Herbert H. Franks and Dennis A. Rendleman, Springfield, for amicus curiae Illinois State Bar Association.

Justice McMORROW delivered the opinion of the court:

At issue in these consolidated cases is whether certain provisions of section 6.17 of the Hospital Licensing Act (Act) (210 ILCS 85/6.17 (West 2000)), as amended by Public Act 91-526 (Pub. Act 91-526, eff. January 1, 2000), violate the Illinois Constitution of 1970. The circuit court of Cook County held that portions of sections 6.17(d) and (e) and all of section 6.17(h) violate the doctrine of separation of powers...

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