Bill Text: IL HB5823 | 2011-2012 | 97th General Assembly | Chaptered

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Passed) 2012-08-21 - Public Act . . . . . . . . . 97-1042 [HB5823 Detail]

Download: Illinois-2011-HB5823-Chaptered.html

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Public Act 097-1042
HB5823 Enrolled LRB097 16924 AJO 62112 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Health Care Services Lien Act is amended by
changing Section 30 and by adding Section 50 as follows:
(770 ILCS 23/30)
Sec. 30. Adjudication of rights. On petition filed by the
injured person or the health care professional or health care
provider and on the petitioner's written notice to all
interested adverse parties, the circuit court shall adjudicate
the rights of all interested parties and enforce their liens.
A petition filed under this Section may be served upon the
interested adverse parties by personal service, substitute
service, or registered or certified mail.
(Source: P.A. 93-51, eff. 7-1-03.)
(770 ILCS 23/50 new)
Sec. 50. Subrogation claims. If a subrogation claim 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:

(1) by comparative fault; or
(2) by reason of the uncollectibility of the full value
of the claim for personal injury or death resulting from
limited liability insurance;
the subrogation claim or other right of reimbursement claim
shall be diminished in the same proportion as the personal
injury or death estate claimant's recovery is diminished.
Unless otherwise agreed by the interested parties, the amount
of comparative fault and the full value of the claim shall be
determined by the court having jurisdiction over the matter.
After reduction of the subrogation claim or other right of
reimbursement claim due to either comparative fault or limited
liability insurance, or both, the party asserting the
subrogation claim or other right of reimbursement claim shall
bear a pro rata share of the personal injury or death estate
claimant's attorneys fees and litigation expenses. This
Section 50 does not apply to any holder of a lien under the
Workers' Compensation Act, the Workers' Occupational Diseases
Act, or this Act including, but not limited to, licensed
long-term care facilities, physicians, and hospitals, or to
claims made to recoup uninsured payments pursuant to Section
143a of the Illinois Insurance Code or underinsured payments
pursuant to Section 143a-2 of the Illinois Insurance Code. A
subrogation claim or other right of reimbursement claim may be
adjudicated even when a lien has not been filed regarding such
claim.