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Bohleber v. Carmi Township Hospital

JULY 22, 1975.

ARTHUR BOHLEBER ET AL., PLAINTIFFS-APPELLANTS,

v.

CARMI TOWNSHIP HOSPITAL ET AL., DEFENDANTS-APPELLEES.



APPEAL from the Circuit Court of White County; the Hon. WILLIAM G. EOVALDI, Judge, presiding. MR. JUSTICE CARTER DELIVERED THE OPINION OF THE COURT:

This is an appeal from a summary decree of the White County Circuit Court dismissing plaintiffs' amended complaint and holding that Carmi Township Hospital does have the authority to construct and operate a nursing home and that said hospital did have authority to contract without calling for competitive bids. The ruling of the circuit court that plaintiffs had standing as taxpayers is not challenged on appeal.

Carmi Township Hospital entered into a contract with Lexington House Franchise Co. on December 6, 1972, for the construction of a nursing care facility adjoining the hospital. Plaintiffs-appellants Arthur Bohleber and Stanley B. Abelson, as residents and taxpayers of Carmi Township, filed suit in February 1973, after construction had commenced, seeking to void the contract and restrain the hospital from operating the nursing home unit. Named as defendants were the hospital, its board of directors, and Lexington House Franchise Co. Since the suit was filed construction has been completed and the nursing home, which is connected to the hospital by a corridor, is now operating under the hospital administration. The nursing home was originally licensed under the Nursing homes, sheltered care homes, and homes for the aged Act (Ill. Rev. Stat. 1973, ch. 111 1/2 § 35.16 et seq.), but is now licensed under the Hospital Licensing Act (Ill. Rev. Stat. 1973, ch. 111 1/2, § 142 et seq.).

The first issue raised by plaintiffs-appellants is whether Carmi Township Hospital had the legal authority to construct and operate a nursing facility. We hold in the affirmative. The statutory authority under which the hospital was originally established and on which defendants rely for the construction and operation of the nursing home is the township hospital act (Ill. Rev. Stat. 1973, ch. 139, §§ 160.6-160.16), which provides in part:

"§ 1. Any town having a population of less than 500,000 is authorized to establish, acquire by purchase or otherwise, construct, improve, extend, repair, equip, maintain and operate a public hospital in and for said town, as in this Act provided.

§ 6. The Board of Directors constitute the governing body of the public hospital and are the corporate authorities of said town for that purpose and constitute a body corporate and politic separate and distinct from other officers of the town. The Board of Directors shall exercise all the powers and manage and control all of the affairs and property of the public hospital * * *."

Construing section 1 (par. 160.6) in conjunction with section 6 (par. 160.11), the authority of the township extends only to the establishment of a public hospital (by election, par. 160.7) and the board of directors is to exercise the remaining powers, i.e., of acquiring, constructing, improving, extending, repairing, equiping, maintaining, and operating, the hospital. Thus, the issue here is whether the board of directors of a township hospital has the authority to "improve" and "extend" said hospital by constructing an adjoining nursing care facility. We are not faced with the question whether a township has the authority to "establish" a separate nursing home.

As a general proposition the definition of "hospital" would include a nursing home. Black's Law Dictionary (4th ed. 1951) defines "hospital" as "An institution for the reception and care of sick, wounded, infirm, or aged persons." (Accord, 41 C.J.S. Hospitals § 1 (1944); 21 Ill.L.&Pr. Hospitals 109 (1956); 40 Am.Jur.2d Hospitals and Asylums § 1 (1968).) Defendants cite numerous cases from other jurisdictions construing in various contexts the word "hospital" to include a nursing home. (McNichols v. City & County of Denver, 120 Colo. 380, 209 P.2d 910 (1949) (bond issue); Crain v. City of Louisville, 298 Ky. 421, 182 S.W.2d 787 (1944) (zoning law); McKinney v. American Security Life Insurance Co., 76 So.2d 630 (La. App. 1954) (insurance policy); Kew Gardens Sanitarium, Inc. v. Wyman, 41 Misc.2d 90, 244 N.Y.S. 2d 761 (Sup. Ct. Queens County 1963) (certificate of incorporation); Connors v. Mutual Benefit Health & Accident Association, 49 Misc.2d 776, 268 N.Y.S. 2d 154 (Monroe County Ct. 1966) (insurance policy); St. Vincent's Nursing Home v. Department of Labor, 169 N.W.2d 456 (N.D. 1969) (state Labor Management Relations Act); Appeal of Ferguson, 54 Mun. 179 (Pa. 1962) (zoning law).) With respect to the coverage of hospitalization insurance policies for nursing home care, see Annot., 46 A.L.R. 3d 1244 (1972). The only Illinois case cited by the parties dealing with the definition of "hospital" is Bennett v. Bennett, 27 Ill. App.2d 24, 30, holding that services provided in a State mental hospital ("caring for, treating, detaining and training") were necessaries, and that a husband was liable to his wife's estate for payment therefor. The court stated that the wife was in a hospital, as the term is commonly understood. A hospital is a place for the care of the sick whether in mind or body. Thus, Bennett stands for a broad definition of the word "hospital."

• 1, 2 This case must be resolved, however, according to the legislative intent. "The intention of the law-makers is the law. This intention is to be gathered from the necessity or reason of the enactment and meaning of the words, enlarged or restricted according to their real intent." (Warner v. King, 267 Ill. 82, 87.) The parties cite various examples of both broad and narrow constructions of the powers of municipal corporations, but agree on the general principles that a municipal corporation may only exercise the powers delegated to it by the legislature and that statutes granting such powers are strictly construed, that any fair and reasonable doubt of the existence of a power is resolved against the municipal corporation, and that implied powers are only those necessarily incident to express powers. (City of Bloomington v. Wirrick, 381 Ill. 347.) But, "necessarily incident" does not mean "absolutely indispensable" (People ex rel. Sweitzer v. City of Chicago, 363 Ill. 409), and "strict construction" does not connote "the narrowest possible meaning" (Franklin County Coal Co. v. Ames, 359 Ill. 178).

The power relied upon by defendants is granted in broad terms to the board of directors, a municipal corporation, to "improve" and "extend" the hospital. (Ill. Rev. Stat. 1973, ch. 139, §§ 160.6, 160.11.) Plaintiffs do not argue that the addition of nursing facilities does not improve or extend the hospital, but point to various legislative distinctions between hospitals and nursing homes.

Plaintiffs argue that since a township is given the specific authority to lease a nursing home from a county (Ill. Rev. Stat. 1973, ch. 139, §§ 160.29, 160.30), it does not have the authority to construct one. But we are not dealing here with a township's power to establish or acquire a nursing home, we are dealing with the scope of a township hospital's power of improvement or expansion.

The court is also aware that counties are given separate powers for the establishment of hospitals (Ill. Rev. Stat. 1973, ch. 34, §§ 501 et seq., 5351 et seq.), and for the establishment of nursing homes (Ill. Rev. Stat. 1973, ch. 34, §§ 3561 et seq., 5361 et seq.). But nowhere is a nursing home precluded from providing some medical care, nor is a hospital precluded from providing some nursing care. In fact, the provisions enabling a township to lease a nursing home from a county authorize the lease of "a county home, infirmary or hospital" (emphasis supplied) operating under the County Home Act (Ill. Rev. Stat. 1973, ch. 34, § 5361 et seq.). Ill. Rev. Stat. 1973, ch. 139, § 160.29.

Plaintiffs also point out the distinction between hospitals and nursing homes in the respective licensing statutes. Section 3 of the Hospital Licensing Act (Ill. Rev. Stat. 1973, ch. 111 1/2, § 144), provides in part:

"A. `Hospital' means any institution * * * devoted primarily to the maintenance and operation of facilities for the diagnosis and treatment or care of two or more unrelated persons admitted for overnight stay or longer in order to obtain medical, including obstetric, psychiatric and nursing, care of illness, disease, injury, infirmity, or deformity.

The term `Hospital' does not include (1) any * * * institution required to be licensed pursuant to [Ill. Rev. Stat. 1973, ch. 111 1/2, ...


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