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Pearce Hospital v. Public Aid Com.

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eBook details

  • Title: Pearce Hospital v. Public Aid Com.
  • Author : Supreme Court of Illinois
  • Release Date : January 16, 1958
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 67 KB

Description

This appeal involves two cases, consolidated below and disposed of by a single judgment, wherein appellees, Dr. Lee J. Pearce,
and Pearce Hospital Foundation, a corporation, filed complaints in the superior court of Cook County for judicial review of
an administrative decision of the Illinois Public Aid Commission. Judgment was entered for appellees when the commission elected
to abide by unsuccessful motions to strike and dismiss the actions and this direct appeal, involving financial interests of
the State, has been prosecuted by the commission. The principal question presented is whether appellees' actions are barred
by section 4 of the Administrative Review Act, (Ill. Rev. Stat. 1957, chap. 110, par. 267,) which requires that proceedings
under the act be instituted "within thirty five days from the date that a copy of the decision sought to be reviewed was served
upon the party affected thereby." The administrative record is not before us; however, facts appearing in the pleadings and exhibits filed in the review action
establish that for some time prior to June 2, 1956, Dr. Pearce was the owner of a hospital located in Saline County, and
that both the doctor and his hospital appeared on the lists of physicians and hospitals permitted to participate in the commission's
medical aid program. On the date named Dr. Pearce appeared before the commission's medical advisory committee and, as the
result of such inquiry, was subsequently advised that his hospital's admission rate and length of hospitalization for recipients
of public aid was above average, that he should comply with county and State averages in such respects, and that he should
present a report of his admissions in six months. By a letter dated April 26, 1957, the commission referred to the foregoing
facts and informed Pearce that the advisory committee had reviewed his report for the period of July 1, 1956, to December
31, 1956, that such committee was of the opinion no effort had been made to reduce either the number of admissions or length
of hospitalization for public aid recipients, and that it was the committee's recommendation that the doctor and his hospital
be dropped from the rolls of the medical aid program. Concluding, the commission's letter advised Pearce that bills rendered
by the hospital or himself would not be accepted for payment effective May 15, 1957, and stated that arrangements were being
made to transfer the care of public aid patients affected to other physicians and hospitals. Pearce in the meantime, on March
19, 1957, had sold his hospital to the corporate appellee for the sum of $239,995. While we are not informed as to whether
the corporation automatically succeeded to the position of its predecessor on the rolls of the medical aid program, it is
clear from the record that the new owner could enjoy no greater rights in such respect than did its vendor.


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