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

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-Amended.html

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Rep. André M. Thapedi

Filed: 3/27/2012

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AMENDMENT TO HOUSE BILL 5823
AMENDMENT NO. ______. Amend House Bill 5823 by replacing
everything after the enacting clause with the following:
"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.)

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(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
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 other private
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 health insurance,
health plan, or other private benefits. Notwithstanding any
other provision of this Act, this subsection (b) shall not
apply to a licensed long term care facility.
(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

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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 subrogation claim shall be diminished in the same
proportion as the claimant's recovery is diminished. The party
asserting the subrogation claim shall bear a pro rata share of
the claimant's attorney's fees and litigation expenses.
Notwithstanding any other provision of this Act, this Section
50 shall not apply to a licensed long term care facility.".