97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3911

 

Introduced 12/11/2011, by Rep. Dwight Kay

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-1205  from Ch. 110, par. 2-1205

    Amends the Code of Civil Procedure. Provides, with regard to a reduction in the amount of recovery from a judgment, additional reductions in an amount equal to the sum of (i) 100% of the amount of the benefits that is in excess of the amount which has been paid, not the amount billed (as shown through evidence that proves that the injured person's bill was paid in full by an amount that is less than the stated charge) by the injured person or third party and (ii) 100% of the amount of the medical benefits that is in excess of the amount which was paid by a governmental or charitable entity and for which the health provider has released the injured party from all claims shall be deducted from any judgment in an action based on an allegation of negligence or other wrongful act on the part of a licensed hospital or physician, provided that specified procedures are followed.


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A BILL FOR

 

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1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 2-1205 as follows:
 
6    (735 ILCS 5/2-1205)  (from Ch. 110, par. 2-1205)
7    Sec. 2-1205. Reduction in amount of recovery. An amount
8equal to the sum of (i) 50% of the benefits provided for lost
9wages or private or governmental disability income programs,
10which have been paid, or which have become payable to the
11injured person by any other person, corporation, insurance
12company or fund in relation to a particular injury, and (ii)
13100% of the benefits provided for medical charges, hospital
14charges, or nursing or caretaking charges, which have been
15paid, or which have become payable to the injured person by any
16other person, corporation, insurance company or fund in
17relation to a particular injury, (iii) 100% of the amount of
18the benefits provided for medical charges, hospital charges, or
19nursing or caretaking charges that is in excess of the amount
20which has been paid, not the amount billed (as shown by
21evidence that proves that the injured person's bill was paid in
22full by an amount that is less than the stated charge) by the
23injured person or by any other person, corporation, insurance

 

 

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1company or fund in relation to a particular injury, and (iv)
2100% of the amount of the benefits provided for medical
3charges, hospital charges, or nursing or caretaking charges
4that is in excess of the amount which has been paid by a
5governmental or charitable entity and as to which the health
6provider has released the injured party from all claims, as a
7result of the payment, shall be deducted from any judgment in
8an action to recover for that injury based on an allegation of
9negligence or other wrongful act, not including intentional
10torts, on the part of a licensed hospital or physician;
11provided, however, that:
12    (1) Application is made within 30 days to reduce the
13judgment;
14    (2) Such reduction shall not apply to the extent that there
15is a right of recoupment through subrogation, trust agreement,
16lien, or otherwise;
17    (3) The reduction shall not reduce the judgment by more
18than 50% of the total amount of the judgment entered on the
19verdict;
20    (4) The damages awarded shall be increased by the amount of
21any insurance premiums or the direct costs paid by the
22plaintiff for such benefits in the 2 years prior to plaintiff's
23injury or death or to be paid by the plaintiff in the future
24for such benefits; and
25    (5) There shall be no reduction for charges paid for
26medical expenses which were directly attributable to the

 

 

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1adjudged negligent acts or omissions of the defendants found
2liable.
3(Source: P.A. 84-7.)