CHARITY CARE

Servidio v. Our Lady of the Resurrection Med. Ctr., No. 04 L3381 (Ill. Cir. Ct. January 6, 2005)

A group of uninsured patients who compiled large bills using a hospital's emergency room filed suit against the hospital for charging uninsured patients higher rates than insured patients for the same services. The suit alleged that the hospital's conduct violated the Illinois Consumer Fraud Act (ICFA), the Illinois Revenue Code, and also constituted a breach of contract and unconscionable conduct. The Hospital made a motion to dismiss all of the counts claiming that the plaintiffs failed to allege a cause of action for each count. The Circuit Court of Cook County, Illinois dismissed the claims regarding the Illinois Revenue Code and unconscionable conduct, but found the other counts had alleged sufficient facts to state a claim and so discovery may proceed on those counts.