093_HB1205enr HB1205 Enrolled LRB093 06953 LCB 07099 b 1 AN ACT concerning liens. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Naprapathic Lien Act. 6 Section 5. Elements of the lien. Every licensed 7 naprapath practicing in this State who provides services by 8 way of treatment to injured persons, except services rendered 9 under the provisions of the Workers' Compensation Act or the 10 Workers' Occupational Diseases Act, shall have a lien upon 11 all claims and causes of action for the amount of his or her 12 reasonable charges up to the date of payment of the damages. 13 However, the total amount of all liens under this Act shall 14 not exceed 1/3 of the sum paid or due to the injured person 15 based on a claim or right of action. The lien shall also 16 include a written notice containing the name and address of 17 the injured person, the date of the injury, the name and 18 address of the licensed naprapath practicing in this State, 19 and the name of the party alleged to be liable to make 20 compensation to the injured person for the injuries received. 21 The notice shall be served on both the injured person and the 22 party against whom the claim or right of action exists. 23 Service shall be made by registered or certified mail or in 24 person. 25 Section 10. Payment. Notwithstanding any other 26 provision of this Act, payment in good faith to any person 27 other than the licensed naprapath claiming the lien, prior to 28 the service of notice of lien shall, to the extent of the 29 payment made, bar or prevent the creation of an enforceable 30 lien. HB1205 Enrolled -2- LRB093 06953 LCB 07099 b 1 Section 15. Attachment. The lien of any licensed 2 naprapath practicing in this State shall, from the time of 3 service of a notice, as provided in Section 5, attach to any 4 verdict, judgment, or order secured in any suit or action by 5 the injured party based on a negligent or wrongful act, and 6 to any money or property that may be recovered by compromise 7 settlement, or in any suit or action brought by the injured 8 person on account of a claim or right of action. In case of 9 death of the injured person, the lien shall attach to any 10 money or property that may be recovered by compromise 11 settlement, suit, or action based on injuries not resulting 12 in the death of the injured person, or to any verdict, 13 judgment or order in any suit or action brought by the estate 14 of the injured person against any other person for the 15 recovery of damages on account of injuries not resulting in 16 the death of the injured person. 17 Section 20. Examination of records. Any party to a 18 cause pending in a court against whom a claim is asserted or 19 any party against whom a claim has been asserted for damages 20 resulting from injuries shall, upon written request, be 21 permitted to examine the records of the licensed naprapath in 22 reference to the examination or treatment of the injured 23 person. Any licensed naprapath claiming a lien under this Act 24 shall, within 10 days of being requested in writing by any 25 party, furnish to the party, or file with the clerk of the 26 court in which the cause is pending, a written statement of 27 the treatment given to the injured person by the licensed 28 naprapath. 29 Section 25. Failure to file written statement. Should 30 any licensed naprapath fail or refuse to give or file a 31 written statement as required in Section 20 after receiving a 32 written request to do so as provided in Section 20, the HB1205 Enrolled -3- LRB093 06953 LCB 07099 b 1 licensed naprapath's lien shall immediately become null and 2 void. 3 Section 30. Enforcement and priorities. The injured 4 person or licensed naprapath practicing in this State shall 5 file a petition and the circuit court shall, after written 6 notice to all interested adverse parties, adjudicate the 7 rights of all interested parties and enforce their liens. 8 Nothing in this Act affects the priority of any attorney's 9 lien under the Attorneys Lien Act, nor gives priority to 10 liens under the Hospital Lien Act. 11 Section 99. Effective date. This Act takes effect upon 12 becoming law.