Illinois General Assembly - Bill Status for HB5823

Amends the Health Care Services Lien Act. Provides that a petition filed by the injured person or the health care professional or health care provider may be served upon the interested adverse parties by personal service, substitute service, or registered or certified mail. Provides that if health insurance or private or public benefits are available to pay a medical bill, the lien of a health care professional or health care provider is limited to the rates established by the private or public fund. Provides that if a lien, claim, or subrogation claim arising out of the payment of medical expenses exists with respect to a claim for personal injuries or death and the claimant's recovery is diminished by comparative fault or the uncollectibility of the full claim for personal injuries or death resulting from limited liability insurance or any other cause, the lien or claim shall be diminished in the same proportion as the claimant's recovery is diminished. Provides that the holder of the lien or claim shall bear a pro rata share of the claimant's attorney's fees and litigation expenses and shall be barred from pursuing any claim for the unpaid balance.

Replaces everything after the enacting clause with only one provision that is contained in the introduced bill; that language provides that a petition filed by the injured person, the health care professional, or health care provider may be served upon the interested adverse parties by personal service, substitute service, or registered or certified mail.

Replaces everything after the enacting clause with provisions of the engrossed bill with the following additions. Further amends the Health Care Services Lien Act. Provides that if a subrogation or other right of reimbursement claim that arises out of the payment of medical expenses, or other benefits exists with respect to a claim for personal injury or death, and the personal injury or death estate claimant's recovery is diminished by comparative fault or because of the uncollectibility of the full value of the claim, the claim shall be diminished in the same proportion as the personal injury or death estate claimant's recovery is diminished. Provides that the party asserting the claim shall bear a pro rata share of the personal injury or death estate claimant's attorneys fees and litigation expenses. Provides that in the absence of an agreement by the parties, the amount of comparative fault and full value of the claim shall be determined by the court having jurisdiction over the matter. Provides that the provisions relating to subrogation claims does not affect lienholders under the Health Care Services Lien Act, the Workers' Compensation Act, the Workers' Occupational Diseases Act, or claims made for uninsured or underinsured payments under the Illinois Insurance Code.

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