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BLESSING HOSPITAL v. THE ILLINOIS HEALTH FACILITIES AND SERVICES REVIEW BOARD

No. 4-23-0282.

2024 IL App (4th) 230282

BLESSING HOSPITAL, Plaintiff-Appellant, v. THE ILLINOIS HEALTH FACILITIES AND SERVICES REVIEW BOARD; DEBRA SAVAGE, in Her Capacity as Chair of the Illinois Health Facilities and Services Review Board; KENNETH BURNETT, in His Capacity as a Member of the Illinois Health Facilities and Services Review Board; DAVID FOX, in His Capacity as a Member of the Illinois Health Facilities and Services Review Board; STACY GRUNDY, in Her Capacity as a Member of the Illinois Health Facilities and Services Review Board; ANTOINETTE HARDY-WALLER, in Her Capacity as a Member of the Illinois Health Facilities and Services Review Board; GARY KAATZ, in His Capacity as a Member of the Illinois Health Facilities and Services Review Board; MONICA LeGRAND, in Her Capacity as a Member of the Illinois Health Facilities and Services Review Board; SANDRA MARTELL, in Her Capacity as a Member of the Illinois Health Facilities and Services Review Board; LINDA RAE MURRAY, in Her Capacity as a Member of the Illinois Health Facilities and Services Review Board; THE DEPARTMENT OF PUBLIC HEALTH; AMAAL TOKARS, M.D., in Her Capacity as Interim Director of Public Health; QUINCY PHYSICIANS AND SURGEONS CLINIC, S.C., d/b/a Quincy Medical Group; QUINCY PHYSICIANS AND SURGEONS CLINIC, PLLC, d/b/a Quincy Medical Group; and QUINCY MEDICAL GROUP HOSPITAL, INC., Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

February 6, 2024.

Attorney(s) appearing for the Case

William A. Davis , of Brown, Hay & Stephens, LLP, of Springfield and Michael Neil Lloyd , Molly L. Wiltshire , and Rachel A. Remke , of ArentFox Schiff LLP, of Chicago, for appellant.

Kwame Raoul , Attorney General, of Chicago ( Jane Elinor Notz , Solicitor General, and Carson R. Griffis and Chaya M. Citrin , Assistant Attorneys General, of counsel), for appellees Illinois Health Facilities and Services Review Board, Debra Savage, Kenneth Burnett, Stacy Grundy, Antoinette Hardy-Waller, Gary Kaatz, Monica LeGrand, Sandra Martell, Linda Rae Murray, Illinois Department of Public Health, and Amaal Tokars.

Rebecca M. Lindstrom , of Polsinelli PC, of Chicago for other appellees.

Justices Harris and Zenoff concurred in the judgment and opinion.

OPINION

¶ 1 Plaintiff Blessing Hospital appeals from the trial court's order dismissing its administrative review complaint for failure to have summons issued within 35 days of service of the May 4, 2022, administrative decision as required by section 3-103 of the...

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