HEALTH ALLIANCE MEDICAL PLANS v. DHFS.

Nos. 4-11-0495, 4-11-0545.

957 N.E.2d 447 (2011)

354 Ill. Dec. 131

HEALTH ALLIANCE MEDICAL PLANS, INC., an Illinois Domestic Stock Insurance Corporation, Plaintiff-Appellee, v. The DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES; Julie Hamos, in Her Official Capacity as Director of The Department of Healthcare and Family Services; The Executive Ethics Commission; Matt Brown, in His Official Capacity as Chief Procurement Officer of the Illinois Executive Ethics Commission; The Department of Central Management Services; and James P. Sledge, in His Official Capacity as Director of Central Management Services, Defendants-Appellants, and Health Care Service Corporation, as Parent Company of BlueCross BlueShield of Illinois; BlueCross BlueShield of Illinois Blue Advantage; BlueCross BlueShield of Illinois HMO Illinois; PersonalCare Insurance of Illinois, Inc.; and HealthLink HMO, Inc., Defendants, and Humana Health Plan, Inc.; and Humana Insurance Company, Defendants-Appellees. Health Alliance Medical Plans, Inc., Plaintiff-Appellee, v. PersonalCare Insurance of Illinois, Inc.; The Department of Healthcare and Family Services; Julie Hamos, in Her Official Capacity as Director of the Department of Healthcare and Family Services; The Executive Ethics Commission; Matt Brown, in His Official Capacity as Chief Procurement Officer of the Illinois Executive Ethics Commission; The Department of Central Management Services; James P. Sledge, in His Official Capacity as Director of Central Management Services; and HealthLink HMO, Inc., Defendants-Appellants, and Health Care Service Corporation, as Parent Company of BlueCross BlueShield of Illinois; BlueCross BlueShield of Illinois Blue Advantage; and BlueCross BlueShield of Illinois HMO Illinois, Defendants.

Appellate Court of Illinois, Fourth District.

As Modified Upon Denial of Rehearing September 12, 2011.


Attorney(s) appearing for the Case

Lisa Madigan , Attorney General, State of Illinois, Michael A. Scodro , Solicitor General, Paul Racette , Assistant Attorney General, for State of Illinois.

R. Mark Mifflin , David A. Herman , Christopher E. Sherer , Melissa G. Steward , Giffin, Winning, Cohen & Bodewes, P.C., Springfield, for Health Alliance Medical Plans, Inc.

Helen E. Witt , Kirkland & Ellis, LLP, Chicago, for Health Care Service Corp.

David J. Novotny , Craig M. Bargher , Chittenden, Murday & Novotny LLC, Chicago, for Humana Health Plan, Inc. in No. 4-11-0495.

Scott T. Schutte , Gregory T. Fouts , Tedd M. Warden , Morgan, Lewis & Bockius LLP, Chicago, for PersonalCare Insurance of Illinois, Inc.

Neal F. Perryman , David W. Gearhart , Lewis, Rice & Fingersh, L.C., St. Louis, for HealthLink HMO, Inc.

William A. Chittenden III , David J. Novotny , Craig M. Bargher , Chittenden, Murday & Novotny LLC, Chicago, Steve W. Kinion , Zack Stamp, Ltd., Springfield, for Humana Health Plan, Inc. in No. 4-11-0545.


OPINION

Justice STEIGMANN delivered the judgment of the court, with opinion.

¶ 1 On June 6, 2011, Health Alliance ;Medical Plans, Inc. (Health Alliance), filed a complaint (1) challenging the decision by the director of the Department of Healthcare and Family Services (DHFS) not to renew its contract to provide open-access-plan (OAP) health insurance to state employees and (2) requesting a stay pending the outcome of its challenge. On June 10, 2011...

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