Blessing Hospital v. Illinois Health Facilities & Service Review Board

2025 IL App (4th) 250147
CourtAppellate Court of Illinois
DecidedNovember 19, 2025
Docket4-25-0147
StatusPublished

This text of 2025 IL App (4th) 250147 (Blessing Hospital v. Illinois Health Facilities & Service Review Board) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blessing Hospital v. Illinois Health Facilities & Service Review Board, 2025 IL App (4th) 250147 (Ill. Ct. App. 2025).

Opinion

2025 IL App (4th) 250147 FILED November 19, 2025 NO. 4-25-0147 Carla Bender 4th District Appellate IN THE APPELLATE COURT Court, IL

OF ILLINOIS

FOURTH DISTRICT

BLESSING HOSPITAL, ) Appeal from the Plaintiff-Appellant, ) Circuit Court of v. ) Sangamon County ) No. 22MR238 THE ILLINOIS HEALTH FACILITIES AND ) SERVICES REVIEW BOARD; DEBRA SAVAGE, in ) Honorable Her Capacity as Chair of the Illinois Health Facilities and ) Adam Giganti, Services Review Board; KENNETH BURNETT, in His ) Judge Presiding. 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 ) ) (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). ) )

JUSTICE DOHERTY delivered the judgment of the court, with opinion. Presiding Justice Harris and Justice Vancil concurred in the judgment and opinion.

OPINION

¶1 Plaintiff Blessing Hospital appeals from the circuit court’s January 15, 2025, order

dismissing its complaint for administrative review because proper summonses were not issued

within 35 days of service of the May 4, 2022, administrative decision as required by section 3-103

of the Administrative Review Law (Review Law) (735 ILCS 5/3-103 (West 2024)). On appeal, I plaintiff argues that the court erred in denying its motion to strike the renewed motion to dismiss,

finding the summonses were deficient, and dismissing the complaint for administrative review.

¶2 For the reasons set forth below, we reverse and remand.

¶3 I. BACKGROUND

¶4 This is the second appeal in this case, the first resulting in our opinion in Blessing

Hospital v. Illinois Health Facilities & Service Review Board , 2024 IL App (4th) 230282 (Blessing

I). We therefore draw from relevant portions of that opinion as background for this appeal where

appropriate.

¶5 On April 26, 2022, the Illinois Health Facilities and Services Review Board (Board)

approved an application for a certificate of need submitted by Quincy Medical Group Hospital

(QMG Hospital) and Quincy Physicians & Surgeons, S.C., doing business as Quincy Medical

Group (collectively QMG), to establish a 28-bed hospital in Quincy, Illinois. The Board issued a

-2- permit letter on May 4, 2022, addressed to Patricia Williamson, QMG’s registered agent, vice

president, and chief financial officer. Although the May 4 permit letter stated it was “Transmitted

Electronically,” it did not contain an e-mail address, a facsimile number, or proof of service.

¶6 A. Administrative Review Complaint

¶7 On May 31, 2022, plaintiff filed complaint pursuant to the Review Law (735 ILCS

5/3-103 (West 2022)) in the circuit court of Sangamon County seeking administrative review of

the Board’s approval of QMG’s application. There is no dispute about the timeliness of the

complaint’s filing. The first summonses, however, were not issued until June 15. We also note that

no affidavit was filed with the complaint designating the last known address of each defendant

upon whom service was to be made as required by section 3-105. Id. § 3-105.

¶8 B. Parties to the Administrative Review

¶9 The defendants in the administrative review action can be broken into two distinct

groups. The first group is comprised of the QMG defendants. The second group is comprised of

the State defendants: the Board; Debra Savage, in her capacity as chair of the Board; Board

members Kenneth Burnett, David Fox, Stacy Grundy, Antoinette Hardy-Waller, Gary Kaatz,

Monical Legrand, Sandra Martell, and Linda Rae Murray; the Department of Public Health

(IDPH); and Amaal Tokars, interim director of public health (collectively referred to as the State).

Only the QMG defendants have participated in this appeal.

¶ 10 Plaintiff issued its original summonses on June 15, 2022. The summonses provided

that the recipient “must file Appearance and Answer/Response forms with the court within 30

days” after service. All defendants entered their appearances within 30 days, the State defendants

on July 13, 2022, and the QMG defendants two days later. As shown below, the QMG defendants

-3- filed their motion to dismiss on July 15, 2022, and the State defendants filed their motion to dismiss

on July 28.

¶ 11 C. Proceedings on Defendants’ Initial Motion to Dismiss in 2022

¶ 12 Defendants each moved to dismiss plaintiff’s administrative review complaint

pursuant to section 2-619(a)(5), (9) of the Code of Civil Procedure (Code) (735 ILCS 5/2-

619(a)(5), (9) (West 2024)), arguing that the summonses were not issued within the required 35-

day period specified in section 3-103 of the Review Law (735 ILCS 5/3-103 (West 2024)).

According to defendants, the 35-day period commenced with the “issuance” of the May 4 permit

letter to Quincy Medical Hospital, meaning that the period expired on June 8. Neither motion

indicated how or when the May 4 decision was served. The circuit court granted defendants’

motion to dismiss, with prejudice, on the basis that plaintiff failed to cause summons to timely

issue. The court ruled that the 35-day statutory period under section 3-103 commenced on May 4,

the day the administrative decision was issued. It made no finding as to defendants’ other

arguments in their motions, namely that various entities and individuals should be dismissed as

unnecessary parties to the litigation or that plaintiff’s summonses were defective.

¶ 13 Plaintiff moved to reconsider the dismissal order, arguing, inter alia, that (1) no

evidence existed in the record showing that the Board served QMG in compliance with Illinois

law and (2) the circuit court improperly interpreted the 35-day period provided for under section

3-103. The court denied the motion to reconsider, and plaintiff appealed.

¶ 14 In both orders, the court found that the good-faith exception, which might have

excused plaintiff’s tardiness, did not apply.

¶ 15 D. First Appeal—Blessing I

¶ 16 In Blessing I, this court was presented with two questions on appeal: (1) when does

-4- the 35-day period under section 3-103 (735 ILCS 5/3-103 (West 2022)) commence and

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Bluebook (online)
2025 IL App (4th) 250147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blessing-hospital-v-illinois-health-facilities-service-review-board-illappct-2025.