Peoria Day Surgery Center in Illinois Wins Dismissal Against Hospital’s Complaint

A lawsuit alleging federal racketeering charges against Peoria (Ill.) Day Surgery Center and Joseph Banno, MD, brought on by OSF Saint Francis Medical Center has been dismissed by the U.S. District Court in Peoria.

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The claims by Saint Francis based on out-of-network billing practices was brought in response to a Peoria Day lawsuit against Saint Francis filed Sept. 2006. Peoria Day alleges that Saint Francis interfered with Peoria Day’s business and violated state and federal antitrust laws. The Peoria Day suit remains pending in the U.S. District Court in Peoria.

The Saint Francis lawsuit was filed in April. At that time, Peoria Day and Dr. Banno disputed the charges alleged by Saint Francis and moved to dismiss the complaint.

“We have always known that these allegations are unfounded and are gratified with the Court’s ruling today,” said Dr. Banno in a press release. “We viewed the case as yet another attempt by Saint Francis to drive competitors out of the market and deprive Peoria families of a choice in where they receive health care. We hope that St. Francis will now employ its tax-exempt status in more productive ventures.”

Bryan Zowin, Peoria Day’s business administrator, said, “Peoria Day will keep fighting for meaningful healthcare options for Peoria families.”

To view a copy of the ruling, click here (pdf).

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