093_SB0274eng SB274 Engrossed LRB093 03377 DRJ 03395 b 1 AN ACT to amend certain Acts in relation to liens. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Clinical Psychologists Lien Act is 5 amended by changing Section 1 as follows: 6 (770 ILCS 10/1) (from Ch. 82, par. 551) 7 Sec. 1. Every licensed clinical psychologist practicing 8 in this State who renders psychological diagnostic or 9 treatment services or treatment services related to the 10 psychological aspects of physical illness to injured persons 11 shall have a lien upon all claims and causes of action for 12 the amount of his reasonable charges up to the date of 13 payment of such damages. However, the total amount of all 14 liens under this Act, the Dentists Lien Act, the Emergency 15 Medical Services Personnel Lien Act, the Home Health Agency 16 Lien Act, the Hospital Lien Act, the Physical Therapist Lien 17 Act, the Physicians Lien Act, and subrogation claims shall 18 not exceed 1/3 of the sum paid or due to the injured person 19 based on a claim or right of action. The lien shall also 20 include a written notice containing the name and address of 21 the injured person, the date of the injury, the name and 22 address of the licensed clinical psychologist practicing in 23 this State, and the name of the party alleged to be liable to 24 make compensation to such injured person for the injuries 25 received. Such notice shall be served on both the injured 26 person and the party against whom such claim or right of 27 action exists. Service shall be made by registered or 28 certified mail or in person. 29 (Source: P.A. 86-672.) 30 Section 10. The Dentists Lien Act is amended by changing SB274 Engrossed -2- LRB093 03377 DRJ 03395 b 1 Section 1 as follows: 2 (770 ILCS 20/1) (from Ch. 82, par. 121) 3 Sec. 1. Every licensed dentist practicing in this State 4 who renders services by way of treatment to injured persons, 5 except services rendered under the provisions of the Workers' 6 Compensation Act or the Workers' Occupational Diseases Act, 7 shall have a lien upon all claims and causes of action for 8 the amount of his reasonable charges up to the date of 9 payment of such damages. 10 Provided, however, that the total amount of all liens 11 under this Act, the Clinical Psychologists Lien Act, the 12 Emergency Medical Services Personnel Lien Act, the Home 13 Health Agency Lien Act, the Hospital Lien Act, the Physical 14 Therapist Lien Act, the Physicians Lien Act, and subrogation 15 claimshereundershall not exceed 1/3 of the sum paid or due 16 to the injured person on the claim or right of action, and 17 provided further, that the lien shall in addition include a 18 notice in writing containing the name and address of the 19 injured person, the date of the injury, the name and address 20 of the licensed dentist practicing in this State, and the 21 name of the party alleged to be liable to make compensation 22 to such injured person for the injuries received, which 23 notice shall be served on both the injured person and the 24 party against whom such claim or right of action exists. 25 Notwithstanding any other provision of this Act, payment 26 in good faith to any person other than the dentist claiming 27 or asserting such lien prior to the service of such notice of 28 lien shall, to the extent of the payment so made, bar or 29 prevent the creation of an enforceable lien. 30 Service shall be made by registered or certified mail or 31 in person. 32 (Source: P.A. 81-992.) SB274 Engrossed -3- LRB093 03377 DRJ 03395 b 1 Section 15. The Emergency Medical Services Personnel 2 Lien Act is amended by changing Section 5 as follows: 3 (770 ILCS 22/5) 4 Sec. 5. Elements of the lien. Every person certified or 5 authorized under the Emergency Medical Services (EMS) Systems 6 Act to provide emergency medical services shall have a lien 7 upon all claims and causes of action for the amount of his or 8 her reasonable charges up to the date of payment of such 9 damages. However, the total amount of all liens under this 10 Act, the Clinical Psychologists Lien Act, the Dentists Lien 11 Act, the Home Health Agency Lien Act, the Hospital Lien Act, 12 the Physical Therapist Lien Act, the Physicians Lien Act, and 13 subrogation claims shall not exceed 1/3 of the sum paid or 14 due to the injured person based on a claim or right of 15 action. The lien shall also include a written notice 16 containing the name and address of the injured person, the 17 date of the injury, the name and address of the person 18 certified or authorized under the Emergency Medical Services 19 (EMS) Systems Act to provide emergency medical services, and 20 the name of the party alleged to be liable to make 21 compensation to the injured person for the injuries received. 22 The notice shall be served on both the injured person and the 23 party against whom the claim or right of action exists. 24 Service shall be made by registered or certified mail or in 25 person. 26 (Source: P.A. 87-978.) 27 Section 20. The Home Health Agency Lien Act is amended 28 by changing Section 2 as follows: 29 (770 ILCS 25/2) (from Ch. 82, par. 302) 30 Sec. 2. Every home health agency licensed under the Home 31 Health Agency Licensing Act shall have a lien upon all such SB274 Engrossed -4- LRB093 03377 DRJ 03395 b 1 claims and causes of action of an injured person for the 2 amount of its reasonable charges up to the date of payment of 3 such damages. 4 However, the total amount of all liens under this Act, 5 the Clinical Psychologists Lien Act, the Dentists Lien Act, 6 the Emergency Medical Services Personnel Lien Act, the 7 Hospital Lien Act, the Physical Therapist Lien Act, the 8 Physicians Lien Act, and subrogation claimshereundershall 9 not exceed one-third of the sum paid or due to the injured 10 person on the claim or right of action, provided that if the 11 injured person is a minor at the time of the settlement or 12 adjudication the court may reduce the percentage of such 13 awards subject to liens under this Act. The lien shall, in 14 addition, include a notice in writing containing the name and 15 address of the injured person, the date of the injury, the 16 name and address of the home health agency, and the name of 17 the party alleged to be liable to make compensation to such 18 injured person for the injuries received, which notice shall 19 be served on both the injured person and the party against 20 whom such claim or right of action exists. 21 Service shall be made by registered mail or in person. 22 (Source: P.A. 84-508.) 23 Section 25. The Hospital Lien Act is amended by 24 changing Section 1 as follows: 25 (770 ILCS 35/1) (from Ch. 82, par. 97) 26 (Text of Section WITHOUT the changes made by P.A. 89-404, 27 which has been held unconstitutional) 28 Sec. 1. Lien created; notice required. Every hospital 29 rendering service in the treatment, care and maintenance, of 30 such injured person shall have a lien upon all such claims 31 and causes of action for the amount of its reasonable charges 32 at ward rates in such hospital up to the date of payment of SB274 Engrossed -5- LRB093 03377 DRJ 03395 b 1 such damages. 2 Provided, however, that the total amount of all liens 3 under this Act, the Clinical Psychologists Lien Act, the 4 Dentists Lien Act, the Emergency Medical Services Personnel 5 Lien Act, the Home Health Agency Lien Act, the Physical 6 Therapist Lien Act, the Physicians Lien Act, and subrogation 7 claimshereundershall not exceed one-third of the sum paid 8 or due to said injured person on said claim or right of 9 action, and provided further, that said lien shall in 10 addition include a notice in writing containing the name and 11 address of the injured person, the date of the injury, the 12 name and address of the hospital, and the name of the party 13 alleged to be liable to make compensation to such injured 14 person for the injuries received, shall be served on both the 15 injured person and the party against whom such claim or right 16 of action exists. 17 Service shall be made by registered mail or in person. 18 (Source: P.A. 89-280, eff. 1-1-96; parts of 89-626, eff. 19 8-9-96, not derived from 89-404.) 20 Section 30. The Physical Therapist Lien Act is amended 21 by changing Section 2 as follows: 22 (770 ILCS 75/2) (from Ch. 82, par. 602) 23 Sec. 2. Every licensed physical therapist practicing in 24 this State who provides services by way of treatment to 25 injured persons, except services rendered under the 26 provisions of the Workers' Compensation Act or the Workers' 27 Occupational Diseases Act, shall have a lien upon all claims 28 and causes of action for the amount of his reasonable charges 29 up to the date of payment of such damages. However, the 30 total amount of all liens under this Act, the Clinical 31 Psychologists Lien Act, the Dentists Lien Act, the Emergency 32 Medical Services Personnel Lien Act, the Home Health Agency SB274 Engrossed -6- LRB093 03377 DRJ 03395 b 1 Lien Act, the Hospital Lien Act, the Physicians Lien Act, and 2 subrogation claims shall not exceed 1/3 of the sum paid or 3 due to the injured person based on a claim or right of 4 action. The lien shall also include a written notice 5 containing the name and address of the injured person, the 6 date of the injury, the name and address of the licensed 7 physical therapist practicing in this State, and the name of 8 the party alleged to be liable to make compensation to the 9 injured person for the injuries received. The notice shall 10 be served on both the injured person and the party against 11 whom such claim or right of action exists. Service shall be 12 made by registered or certified mail or in person. 13 (Source: P.A. 87-312.) 14 Section 35. The Physicians Lien Act is amended by 15 changing Section 1 as follows: 16 (770 ILCS 80/1) (from Ch. 82, par. 101.1) 17 Sec. 1. Every licensed physician practicing in this State 18 who renders services by way of treatment to injured persons, 19 except services rendered under the provisions of the Workers' 20 Compensation Act or the Workers' Occupational Diseases Act, 21 shall have a lien upon all claims and causes of action for 22 the amount of his reasonable charges up to the date of 23 payment of such damages. 24 Provided, however, that the total amount of all liens 25 under this Act, the Clinical Psychologists Lien Act, the 26 Dentists Lien Act, the Emergency Medical Services Personnel 27 Lien Act, the Home Health Agency Lien Act, the Hospital Lien 28 Act, the Physical Therapist Lien Act, and subrogation claims 29hereundershall not exceed 1/3 of the sum paid or due to the 30 injured person on the claim or right of action, and provided 31 further, that the lien shall in addition include a notice in 32 writing containing the name and address of the injured SB274 Engrossed -7- LRB093 03377 DRJ 03395 b 1 person, the date of the injury, the name and address of the 2 licensed physician practicing in this State, and the name of 3 the party alleged to be liable to make compensation to such 4 injured person for the injuries received, which notice shall 5 be served on both the injured person and the party against 6 whom such claim or right of action exists. 7 Notwithstanding any other provision of this Act, payment 8 in good faith to any person other than the physician claiming 9 or asserting such lien prior to the service of such notice of 10 lien shall, to the extent of the payment so made, bar or 11 prevent the creation of an enforceable lien. 12 Service shall be made by registered or certified mail or 13 in person. 14 (Source: P.A. 81-992.) 15 Section 99. Effective date. This Act takes effect on 16 June 1, 2003.