093_SB0274eng

 
SB274 Engrossed                      LRB093 03377 DRJ 03395 b

 1        AN ACT to amend certain Acts in relation to liens.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Clinical  Psychologists  Lien  Act  is
 5    amended by changing Section 1 as follows:

 6        (770 ILCS 10/1) (from Ch. 82, par. 551)
 7        Sec. 1.  Every licensed clinical psychologist  practicing
 8    in   this  State  who  renders  psychological  diagnostic  or
 9    treatment services  or  treatment  services  related  to  the
10    psychological  aspects of physical illness to injured persons
11    shall have a lien upon all claims and causes  of  action  for
12    the  amount  of  his  reasonable  charges  up  to the date of
13    payment of such damages.  However, the total  amount  of  all
14    liens  under  this  Act, the Dentists Lien Act, the Emergency
15    Medical Services Personnel Lien Act, the Home  Health  Agency
16    Lien  Act, the Hospital Lien Act, the Physical Therapist Lien
17    Act, the Physicians Lien Act, and  subrogation  claims  shall
18    not  exceed  1/3 of the sum paid or due to the injured person
19    based on a claim or right of  action.  The  lien  shall  also
20    include  a  written notice containing the name and address of
21    the injured person, the date of  the  injury,  the  name  and
22    address  of  the licensed clinical psychologist practicing in
23    this State, and the name of the party alleged to be liable to
24    make compensation to such injured  person  for  the  injuries
25    received.   Such  notice  shall be served on both the injured
26    person and the party against whom  such  claim  or  right  of
27    action  exists.  Service  shall  be  made  by  registered  or
28    certified mail or in person.
29    (Source: P.A. 86-672.)

30        Section 10.  The Dentists Lien Act is amended by changing
 
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 1    Section 1 as follows:

 2        (770 ILCS 20/1) (from Ch. 82, par. 121)
 3        Sec.  1.  Every licensed dentist practicing in this State
 4    who renders services by way of treatment to injured  persons,
 5    except services rendered under the provisions of the Workers'
 6    Compensation  Act  or the Workers' Occupational Diseases Act,
 7    shall have a lien upon all claims and causes  of  action  for
 8    the  amount  of  his  reasonable  charges  up  to the date of
 9    payment of such damages.
10        Provided, however, that the total  amount  of  all  liens
11    under  this  Act,  the  Clinical  Psychologists Lien Act, the
12    Emergency Medical  Services  Personnel  Lien  Act,  the  Home
13    Health  Agency  Lien Act, the Hospital Lien Act, the Physical
14    Therapist Lien Act, the Physicians Lien Act, and  subrogation
15    claims  hereunder shall not exceed 1/3 of the sum paid or due
16    to the injured person on the claim or right  of  action,  and
17    provided  further,  that the lien shall in addition include a
18    notice in writing containing the  name  and  address  of  the
19    injured  person, the date of the injury, the name and address
20    of the licensed dentist practicing in  this  State,  and  the
21    name  of  the party alleged to be liable to make compensation
22    to such injured  person  for  the  injuries  received,  which
23    notice  shall  be  served  on both the injured person and the
24    party against whom such claim or right of action exists.
25        Notwithstanding any other provision of this Act,  payment
26    in  good  faith to any person other than the dentist claiming
27    or asserting such lien prior to the service of such notice of
28    lien shall, to the extent of the  payment  so  made,  bar  or
29    prevent the creation of an enforceable lien.
30        Service  shall be made by registered or certified mail or
31    in person.
32    (Source: P.A. 81-992.)
 
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 1        Section  15.  The Emergency  Medical  Services  Personnel
 2    Lien Act is amended by changing Section 5 as follows:

 3        (770 ILCS 22/5)
 4        Sec. 5.  Elements of the lien.  Every person certified or
 5    authorized under the Emergency Medical Services (EMS) Systems
 6    Act  to  provide emergency medical services shall have a lien
 7    upon all claims and causes of action for the amount of his or
 8    her reasonable charges up to the  date  of  payment  of  such
 9    damages.   However,  the total amount of all liens under this
10    Act, the Clinical Psychologists Lien Act, the  Dentists  Lien
11    Act,  the Home Health Agency Lien Act, the Hospital Lien Act,
12    the Physical Therapist Lien Act, the Physicians Lien Act, and
13    subrogation claims shall not exceed 1/3 of the  sum  paid  or
14    due  to  the  injured  person  based  on  a claim or right of
15    action.  The  lien  shall  also  include  a  written   notice
16    containing  the  name  and address of the injured person, the
17    date of the injury,  the  name  and  address  of  the  person
18    certified  or authorized under the Emergency Medical Services
19    (EMS) Systems Act to provide emergency medical services,  and
20    the   name  of  the  party  alleged  to  be  liable  to  make
21    compensation to the injured person for the injuries received.
22    The notice shall be served on both the injured person and the
23    party against whom the  claim  or  right  of  action  exists.
24    Service  shall  be made by registered or certified mail or in
25    person.
26    (Source: P.A. 87-978.)

27        Section 20.  The Home Health Agency Lien Act  is  amended
28    by changing Section 2 as follows:

29        (770 ILCS 25/2) (from Ch. 82, par. 302)
30        Sec.  2. Every home health agency licensed under the Home
31    Health Agency Licensing Act shall have a lien upon  all  such
 
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 1    claims  and  causes  of  action  of an injured person for the
 2    amount of its reasonable charges up to the date of payment of
 3    such damages.
 4        However, the total amount of all liens  under  this  Act,
 5    the  Clinical  Psychologists Lien Act, the Dentists Lien Act,
 6    the  Emergency  Medical  Services  Personnel  Lien  Act,  the
 7    Hospital Lien Act,  the  Physical  Therapist  Lien  Act,  the
 8    Physicians  Lien  Act, and subrogation claims hereunder shall
 9    not exceed one-third of the sum paid or due  to  the  injured
10    person  on the claim or right of action, provided that if the
11    injured person is a minor at the time of  the  settlement  or
12    adjudication  the  court  may  reduce  the percentage of such
13    awards subject to liens under this Act. The  lien  shall,  in
14    addition, include a notice in writing containing the name and
15    address  of  the  injured person, the date of the injury, the
16    name and address of the home health agency, and the  name  of
17    the  party  alleged to be liable to make compensation to such
18    injured person for the injuries received, which notice  shall
19    be  served  on  both the injured person and the party against
20    whom such claim or right of action exists.
21        Service shall be made by registered mail or in person.
22    (Source: P.A. 84-508.)

23        Section   25.   The  Hospital  Lien  Act  is  amended  by
24    changing Section 1 as follows:

25        (770 ILCS 35/1) (from Ch. 82, par. 97)
26        (Text of Section WITHOUT the changes made by P.A. 89-404,
27    which has been held unconstitutional)
28        Sec. 1. Lien created; notice  required.   Every  hospital
29    rendering  service in the treatment, care and maintenance, of
30    such injured person shall have a lien upon  all  such  claims
31    and causes of action for the amount of its reasonable charges
32    at  ward  rates in such hospital up to the date of payment of
 
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 1    such damages.
 2        Provided, however, that the total  amount  of  all  liens
 3    under  this  Act,  the  Clinical  Psychologists Lien Act, the
 4    Dentists Lien Act, the Emergency Medical  Services  Personnel
 5    Lien  Act,  the  Home  Health  Agency  Lien Act, the Physical
 6    Therapist Lien Act, the Physicians Lien Act, and  subrogation
 7    claims  hereunder  shall not exceed one-third of the sum paid
 8    or due to said injured person  on  said  claim  or  right  of
 9    action,  and  provided  further,  that  said  lien  shall  in
10    addition  include a notice in writing containing the name and
11    address of the injured person, the date of  the  injury,  the
12    name  and  address of the hospital, and the name of the party
13    alleged to be liable to make  compensation  to  such  injured
14    person for the injuries received, shall be served on both the
15    injured person and the party against whom such claim or right
16    of action exists.
17        Service shall be made by registered mail or in person.
18    (Source:  P.A.  89-280,  eff.  1-1-96;  parts of 89-626, eff.
19    8-9-96, not derived from 89-404.)

20        Section 30.  The Physical Therapist Lien Act  is  amended
21    by changing Section 2 as follows:

22        (770 ILCS 75/2) (from Ch. 82, par. 602)
23        Sec.  2.  Every licensed physical therapist practicing in
24    this State who provides  services  by  way  of  treatment  to
25    injured   persons,   except   services   rendered  under  the
26    provisions of the Workers' Compensation Act or  the  Workers'
27    Occupational  Diseases Act, shall have a lien upon all claims
28    and causes of action for the amount of his reasonable charges
29    up to the date of payment  of  such  damages.   However,  the
30    total  amount  of  all  liens  under  this  Act, the Clinical
31    Psychologists Lien Act, the Dentists Lien Act, the  Emergency
32    Medical  Services  Personnel Lien Act, the Home Health Agency
 
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 1    Lien Act, the Hospital Lien Act, the Physicians Lien Act, and
 2    subrogation claims shall not exceed 1/3 of the  sum  paid  or
 3    due  to  the  injured  person  based  on  a claim or right of
 4    action.  The  lien  shall  also  include  a  written   notice
 5    containing  the  name  and address of the injured person, the
 6    date of the injury, the name  and  address  of  the  licensed
 7    physical  therapist practicing in this State, and the name of
 8    the party alleged to be liable to make  compensation  to  the
 9    injured  person  for the injuries received.  The notice shall
10    be served on both the injured person and  the  party  against
11    whom  such  claim or right of action exists. Service shall be
12    made by registered or certified mail or in person.
13    (Source: P.A. 87-312.)

14        Section 35.   The  Physicians  Lien  Act  is  amended  by
15    changing Section 1 as follows:

16        (770 ILCS 80/1) (from Ch. 82, par. 101.1)
17        Sec. 1. Every licensed physician practicing in this State
18    who  renders services by way of treatment to injured persons,
19    except services rendered under the provisions of the Workers'
20    Compensation Act or the Workers' Occupational  Diseases  Act,
21    shall  have  a  lien upon all claims and causes of action for
22    the amount of his  reasonable  charges  up  to  the  date  of
23    payment of such damages.
24        Provided,  however,  that  the  total amount of all liens
25    under this Act, the  Clinical  Psychologists  Lien  Act,  the
26    Dentists  Lien  Act, the Emergency Medical Services Personnel
27    Lien Act, the Home Health Agency Lien Act, the Hospital  Lien
28    Act,  the Physical Therapist Lien Act, and subrogation claims
29    hereunder shall not exceed 1/3 of the sum paid or due to  the
30    injured  person on the claim or right of action, and provided
31    further, that the lien shall in addition include a notice  in
32    writing  containing  the  name  and  address  of  the injured
 
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 1    person, the date of the injury, the name and address  of  the
 2    licensed  physician practicing in this State, and the name of
 3    the party alleged to be liable to make compensation  to  such
 4    injured  person for the injuries received, which notice shall
 5    be served on both the injured person and  the  party  against
 6    whom such claim or right of action exists.
 7        Notwithstanding  any other provision of this Act, payment
 8    in good faith to any person other than the physician claiming
 9    or asserting such lien prior to the service of such notice of
10    lien shall, to the extent of the  payment  so  made,  bar  or
11    prevent the creation of an enforceable lien.
12        Service  shall be made by registered or certified mail or
13    in person.
14    (Source: P.A. 81-992.)

15        Section 99.  Effective date.  This Act  takes  effect  on
16    June 1, 2003.