Falls v. Silver Cross Hospital and Medical Centers

(Court opinion corrected 1/10/17.) Plaintiff filed suit alleging that hospital's billing and lien practices violated Illinois Consumer Fraud Act. Count I contained sufficient allegations to establish that hospital intended for consumer to rely on incomplete information to secure patient's permission for a hospital lien that was not limited to amount of PPO discounted services. Count properly dismissed 2 counts of complaint, as HMO Act does not apply because insurer (which granted hospital PPO status for insurer's customers) does not qualify as a health care plan as defined by HMO Act. Language of consent form does not waive hospital's statutory authority to file a hospital lien against Plaintiff's personal injury cause of action. (HOLDRIDGE, concurring; LYTTON, concurring in part and dissenting in part.)