State of Illinois
90th General Assembly
Legislation

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90_HB2150eng

      New Act
          Creates the Optometrists Lien Act.  Provides  that  every
      licensed optometrist practicing in Illinois shall have a lien
      upon all claims and causes of action for the amount of his or
      her  reasonable  charges.  Provides for notice and service of
      the lien.  Provides that payment in good faith  to  a  person
      other  than  the licensed optometrist prior to the service of
      notice of the lien shall, to the extent of the payment  made,
      bar  or  prevent  the  creation  of  a  lien.    Provides for
      attachment of the lien to any verdict,  judgment,  order,  or
      compromise  settlement  in  any suit or action by the injured
      person based on a negligent or wrongful act. Provides for the
      examination  of  a  licensed  optometrist's  records  by  the
      injured person.  Provides that failure  to  comply  with  the
      provisions  of  this  Act shall cause the lien to become null
      and void.  Provides for the adjudication of claims under this
      Act. Provides  that  no  lien  under  this  Act  affects  the
      priority  of  any  liens  under the Attorneys Lien Act or the
      Hospital Lien Act.
                                                     LRB9000077MWmb
HB2150 Engrossed                               LRB9000077MWmb
 1        AN ACT concerning a lien for licensed optometrists.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  1.   Short  title.  This Act may be cited as the
 5    Optometrists Lien Act.
 6        Section 5.  Elements of the lien.  Every person who holds
 7    a valid license under the Illinois Optometric Practice Act of
 8    1987 shall have a lien upon all claims and causes  of  action
 9    for  the  amount  of  his or her reasonable charges up to the
10    date of payment of the damages.   The  total  amount  of  all
11    liens  under  this  Act shall not exceed one-third of the sum
12    paid or due to the injured person based on a claim  or  right
13    of  action.  The  lien  shall  also  include a written notice
14    containing the name and address of the  injured  person,  the
15    date  of  the  injury,  the  name and address of the licensed
16    optometrist, and the name of the party alleged to  be  liable
17    to  make  compensation to the injured person for the injuries
18    received.  The notice shall be served  on  both  the  injured
19    person  and  the  party  against  whom  the claim or right of
20    action exists.   Service  shall  be  made  by  registered  or
21    certified mail or in person.
22        Section 10.  Payment. Notwithstanding any other provision
23    of  this  Act, payment in good faith to any person other than
24    the licensed optometrist claiming a lien before  the  service
25    of  notice  of lien shall, to the extent of the payment made,
26    bar or prevent the creation of an enforceable lien.
27        Section  15.   Attachment.   The  lien  of  the  licensed
28    optometrist, from the time of service of a notice as provided
29    in Section 5, shall attach to any verdict, judgment, or order
HB2150 Engrossed            -2-                LRB9000077MWmb
 1    secured in any suit or action by the injured party based on a
 2    negligent or wrongful act, and to any money or property  that
 3    may  be recovered by compromise settlement, or in any suit or
 4    action brought by the injured person on account of his or her
 5    claim or right of action.   In  case  of  the  death  of  the
 6    injured  person,  the  lien  shall  attach  to  any  money or
 7    property that may  be  recovered  by  compromise  settlement,
 8    suit,  or action based on injuries not resulting in the death
 9    of the injured person, or to any verdict, judgment, or  order
10    in  any  suit  or action brought by the estate of the injured
11    person against any other person for the recovery  of  damages
12    on  account  of  injuries  not  resulting in the death of the
13    injured person.
14        Section 20.  Examination of records.    Any  party  to  a
15    cause  pending in a court against whom a claim is asserted or
16    any party against whom a claim has been asserted for  damages
17    resulting  from  injuries  shall,  upon  written  request, be
18    permitted to examine the records of the licensed  optometrist
19    in  reference to the examination and treatment of the injured
20    person.  Any licensed optometrist claiming a lien under  this
21    Act  shall,  within  10 days of being requested in writing by
22    any party, furnish to the party, or file with  the  clerk  of
23    the  court in which the cause is pending, a written statement
24    of the nature and extent of the injuries sustained by and the
25    treatment  given  to  the  injured  person  by  the  licensed
26    optometrist and the history, if any, as given by the  injured
27    person,  as  shown in the records of the licensed optometrist
28    regarding the manner in which the injuries were received.
29        Section 25.  Failure to file  written  statement.  Should
30    any  licensed  optometrist  fail  or refuse to give or file a
31    written statement as required in Section 20 after receiving a
32    written request to do so  as  provided  in  Section  20,  the
HB2150 Engrossed            -3-                LRB9000077MWmb
 1    licensed optometrist's lien shall immediately become null and
 2    void.
 3        Section  30.   Enforcement  and  priorities.  The injured
 4    person or licensed optometrist shall file a petition, and the
 5    circuit court shall, after written notice to  all  interested
 6    adverse  parties,  adjudicate  the  rights  of all interested
 7    parties and enforce their liens.  Nothing in this Act affects
 8    the priority of any attorney's lien under the Attorneys  Lien
 9    Act,  nor gives priority to liens of nonprofit hospitals, and
10    hospitals  maintained  and  operated  entirely  by  a  county
11    rendering treatment and maintenance to injured persons  under
12    the Hospital Lien Act.

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