Burger v. Lutheran General Hospital

At issue in these consolidated cases is whether certain provisions of section 6.17 of the Hospital Licensing Act (Act) (210 ILCS 85/6.17 (West 2000)), as amended by Public Act 91—526 (Pub. Act 91—526, eff. January 1, 2000), violate the Illinois Constitution of 1970. The circuit court of Cook County held that portions of sections 6.17(d) and (e) and all of section 6.17(h) violate the doctrine of separation of powers (Ill. Const. 1970, art. II, § 1). The circuit court also found that portions of subsections (d) and (e) of section 6.17 violate a patient’s right to privacy with respect to medical…