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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Engrossed.html

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HB5823 Engrossed 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 Sections 30 and 45 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 23/45)
Sec. 45. Amounts not recovered under lien.
(a) Subject to subsection (b) of this Section, nothing
Nothing in this Act shall be construed as limiting the right of
a health care professional or health care provider, or
attorney, to pursue collection, through all available means, of

HB5823 Engrossed - 2 - LRB097 16924 AJO 62112 b
its reasonable charges for the services it furnishes to an
injured person. Subject to subsection (b) of this Section
Notwithstanding any other provision of law, a lien holder may
seek payment of the amount of its reasonable charges that
remain not paid after the satisfaction of its lien under this
Act.
(b) If health insurance, a health plan, or private or
public benefits are available to pay a medical bill, the lien
of the health care professional or health care provider shall
be limited to the rates established by the private or public
fund.
(Source: P.A. 93-51, eff. 7-1-03.)
(770 ILCS 23/50 new)
Sec. 50. Subrogation liens. If a subrogation claim or other
lien or claim that arises out of the payment of medical
expenses or other benefits exists with respect to a claim for
personal injuries or death and the 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 injuries or death resulting from
limited liability insurance or from any other cause;
the lien or claim shall be diminished in the same proportion as
the claimant's recovery is diminished. The party holding the
lien or claim shall bear a pro rata share of the claimant's

HB5823 Engrossed - 3 - LRB097 16924 AJO 62112 b
attorney's fees and litigation expenses and shall be barred
from pursuing any claim for the unpaid balance.