99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1252

 

Introduced , by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
770 ILCS 23/10

    Amends the Health Care Services Lien Act. Makes a technical change in a Section concerning the creation and limitation of liens.


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A BILL FOR

 

HB1252LRB099 05104 HEP 25133 b

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 Health Care Services Lien Act is amended by
5changing Section 10 as follows:
 
6    (770 ILCS 23/10)
7    Sec. 10. Lien created; limitation.
8    (a) Every health care professional and and health care
9provider that renders any service in the treatment, care, or
10maintenance of an injured person, except services rendered
11under the provisions of the Workers' Compensation Act or the
12Workers' Occupational Diseases Act, shall have a lien upon all
13claims and causes of action of the injured person for the
14amount of the health care professional's or health care
15provider's reasonable charges up to the date of payment of
16damages to the injured person. The total amount of all liens
17under this Act, however, shall not exceed 40% of the verdict,
18judgment, award, settlement, or compromise secured by or on
19behalf of the injured person on his or her claim or right of
20action.
21    (b) The lien shall include a written notice containing the
22name and address of the injured person, the date of the injury,
23the name and address of the health care professional or health

 

 

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1care provider, and the name of the party alleged to be liable
2to make compensation to the injured person for the injuries
3received. The lien notice shall be served on both the injured
4person and the party against whom the claim or right of action
5exists. Notwithstanding any other provision of this Act,
6payment in good faith to any person other than the healthcare
7professional or healthcare provider claiming or asserting such
8lien prior to the service of such notice of lien shall, to the
9extent of the payment so made, bar or prevent the creation of
10an enforceable lien. Service shall be made by registered or
11certified mail or in person.
12    (c) All health care professionals and health care providers
13holding liens under this Act with respect to a particular
14injured person shall share proportionate amounts within the
15statutory limitation set forth in subsection (a). The statutory
16limitations under this Section may be waived or otherwise
17reduced only by the lienholder. No individual licensed category
18of health care professional (such as physicians) or health care
19provider (such as hospitals) as set forth in Section 5,
20however, may receive more than one-third of the verdict,
21judgment, award, settlement, or compromise secured by or on
22behalf of the injured person on his or her claim or right of
23action. If the total amount of all liens under this Act meets
24or exceeds 40% of the verdict, judgment, award, settlement, or
25compromise, then:
26        (1) all the liens of health care professionals shall

 

 

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1    not exceed 20% of the verdict, judgment, award, settlement,
2    or compromise; and
3        (2) all the liens of health care providers shall not
4    exceed 20% of the verdict, judgment, award, settlement, or
5    compromise;
6provided, however, that health care services liens shall be
7satisfied to the extent possible for all health care
8professionals and health care providers by reallocating the
9amount unused within the aggregate total limitation of 40% for
10all health care services liens under this Act; and provided
11further that the amounts of liens under paragraphs (1) and (2)
12are subject to the one-third limitation under this subsection.
13     If the total amount of all liens under this Act meets or
14exceeds 40% of the verdict, judgment, award, settlement, or
15compromise, the total amount of all the liens of attorneys
16under the Attorneys Lien Act shall not exceed 30% of the
17verdict, judgment, award, settlement, or compromise. If an
18appeal is taken by any party to a suit based on the claim or
19cause of action, however, the attorney's lien shall not be
20affected or limited by the provisions of this Act.
21    (d) If services furnished by health care professionals and
22health care providers are billed at one all-inclusive rate, the
23total reasonable charges for those services shall be reasonably
24allocated among the health care professionals and health care
25providers and treated as separate liens for purposes of this
26Act, including the filing of separate lien notices. For

 

 

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1services provided under an all-inclusive rate, the liens of
2health care professionals and health care providers may be
3asserted by the entity that bills the all-inclusive rate.
4    (e) Payments under the liens shall be made directly to the
5health care professionals and health care providers. For
6services provided under an all-inclusive rate, payments under
7liens shall be made directly to the entity that bills the
8all-inclusive rate.
9(Source: P.A. 93-51, eff. 7-1-03.)