Bill Status of HB 5823   97th General Assembly

Short Description:  HEALTH CARE SERVICES LIENS

House Sponsors
Rep. André M. Thapedi-John E. Bradley-Cynthia Soto-Charles E. Jefferson-Mary E. Flowers, William Davis, Thaddeus Jones, Derrick Smith, Rita Mayfield and Esther Golar

Senate Sponsors
(Sen. John G. Mulroe)


Last Action  View All Actions

DateChamber Action
  8/21/2012HousePublic Act . . . . . . . . . 97-1042

Statutes Amended In Order of Appearance
770 ILCS 23/30
770 ILCS 23/45
770 ILCS 23/50 new

Synopsis As Introduced
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.

 Land Conveyance Appraisal Note (Dept. of Transportation)
 No land conveyances are included in this bill, therefore, there are no appraisals to be filed.

 Judicial Note (Admin Office of the Illinois Courts)
 This bill would neither increase nor decrease the number of judges needed in the State.

 State Debt Impact Note (Government Forecasting & Accountability)
 HB 5823 would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 Fiscal Note (Office of the Treasurer)
 HB 5823 will have no fiscal effect on the Treasurer's Office.

 Housing Affordability Impact Note (Housing Development Authority)
 This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

 Correctional Note (Dept of Corrections)
 There are no penalty enhancements associated with HB 5823. The bill would have no fiscal or population impact on the Department.

 Pension Note (Government Forecasting & Accountability)
 HB 5823 will not impact any public pension fund or retirement system in Illinois.

 State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity)
 This bill does not create a State mandate.

 Home Rule Note (Dept. of Commerce & Economic Opportunity)
 This bill does not pre-empt home rule authority.

 Balanced Budget Note (Office of Management and Budget)
 This bill is expected to have a minimal fiscal impact to the State as it limits the claims to the established rates of the funds.

House Floor Amendment No. 1
Deletes reference to:
770 ILCS 23/45
770 ILCS 23/50 new

Replaces everything after the enacting clause with only one provision that is contained in the introduced bill; that language provides that a petition filed by the injured person, 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.

 Correctional Note, House Floor Amendment No. 1 (Dept of Corrections)
 There are no penalty enhancements associated with HB 5823 (H-AM 2). The bill would have no fiscal or population impact on the Department.

 Correctional Note, House Floor Amendment No. 2 (Dept of Corrections)
 There are no penalty enhancements associated with HB 5823 (H-AM 3). The bill would have no fiscal or population impact on the Department.

 Judicial Note, House Floor Amendment No. 1 (Admin Office of the Illinois Courts)
 This bill would neither increase nor decrease the number of judges needed in the State.

 Judicial Note, House Floor Amendment No. 2 (Admin Office of the Illinois Courts)
 This bill would neither increase nor decrease the number of judges needed in the State.

 Land Conveyance Appraisal Note, House Floor Amendment No. 1 (Dept. of Transportation)
 No land conveyances are included in this bill, therefore, there are no appraisals to be filed.

 Land Conveyance Appraisal Note, House Floor Amendment No. 2 (Dept. of Transportation)
 No land conveyances are included in this bill, therefore, there are no appraisals to be filed.

 State Debt Impact Note, House Floor Amendment No. 1 (Commission on Gov. Forecasting & Accountability)
 Would not change the amount of authorization for any type of State-issued or State-supported bond, and therefore would not affect the level of State indebtedness.

 State Debt Impact Note, House Floor Amendment No. 2 (Commission on Gov. Forecasting & Accountability)
 Would not change the amount of authorization for any type of State-issued or State-supported bond, and therefore would not affect the level of State indebtedness.

 Pension Note, House Floor Amendment No. 1 (Commission on Gov. Forecasting & Accountability)
 Will not impact any public pension fund or retirement system in Illinois.

 Pension Note, House Floor Amendment No. 2 (Commission on Gov. Forecasting & Accountability)
 Will not impact any public pension fund or retirement system in Illinois.

 Fiscal Note, House Floor Amendment No. 1 (Office of Management and Budget)
 HB 5823 (H-AM 1) would have no fiscal impact to the Governor's Office of Management and Budget.

 Fiscal Note, House Floor Amendment No. 2 (Office of Management and Budget)
 HB 5823 (H-AM 2) would have no fiscal impact to the Governor's Office of Management and Budget.

 Balanced Budget Note, House Floor Amendment No. 1 (Office of Management and Budget)
 HB 5823 (H-AM 1) is expected to have no fiscal impact to the State.

 Balanced Budget Note, House Floor Amendment No. 2 (Office of Management and Budget)
 HB 5823 (H-AM 2) is expected to have no fiscal impact to the State.

Senate Floor Amendment No. 2
Adds reference to:
770 ILCS 23/50 new

Replaces everything after the enacting clause with provisions of the engrossed bill with the following additions. Further amends the Health Care Services Lien Act. Provides that if a subrogation 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 by comparative fault or because of the uncollectibility of the full value of the claim, the claim shall be diminished in the same proportion as the personal injury or death estate claimant's recovery is diminished. Provides that the party asserting the claim shall bear a pro rata share of the personal injury or death estate claimant's attorneys fees and litigation expenses. Provides that in the absence of an agreement by the parties, the amount of comparative fault and full value of the claim shall be determined by the court having jurisdiction over the matter. Provides that the provisions relating to subrogation claims does not affect lienholders under the Health Care Services Lien Act, the Workers' Compensation Act, the Workers' Occupational Diseases Act, or claims made for uninsured or underinsured payments under the Illinois Insurance Code.

Actions 
DateChamber Action
  2/16/2012HouseFiled with the Clerk by Rep. André M. Thapedi
  2/16/2012HouseFirst Reading
  2/16/2012HouseReferred to Rules Committee
  2/28/2012HouseAssigned to Judiciary I - Civil Law Committee
  3/7/2012HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 007-003-000
  3/7/2012HousePlaced on Calendar 2nd Reading - Short Debate
  3/8/2012HouseFiscal Note Requested by Rep. André M. Thapedi
  3/8/2012HouseState Mandates Fiscal Note Requested by Rep. André M. Thapedi
  3/8/2012HouseBalanced Budget Note Requested by Rep. André M. Thapedi
  3/8/2012HouseCorrectional Note Requested by Rep. André M. Thapedi
  3/8/2012HouseHome Rule Note Requested by Rep. André M. Thapedi
  3/8/2012HouseHousing Affordability Impact Note Requested by Rep. André M. Thapedi
  3/8/2012HouseJudicial Note Requested by Rep. André M. Thapedi
  3/8/2012HouseLand Conveyance Appraisal Note Requested by Rep. André M. Thapedi
  3/8/2012HousePension Note Requested by Rep. André M. Thapedi
  3/8/2012HouseState Debt Impact Note Requested by Rep. André M. Thapedi
  3/8/2012HouseAdded Co-Sponsor Rep. William Davis
  3/8/2012HouseAdded Co-Sponsor Rep. Thaddeus Jones
  3/8/2012HouseAdded Chief Co-Sponsor Rep. John E. Bradley
  3/8/2012HouseAdded Chief Co-Sponsor Rep. Cynthia Soto
  3/8/2012HouseAdded Chief Co-Sponsor Rep. Charles E. Jefferson
  3/8/2012HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/8/2012HouseAdded Co-Sponsor Rep. Derrick Smith
  3/8/2012HouseLand Conveyance Appraisal Note Filed
  3/8/2012HouseAdded Co-Sponsor Rep. Rita Mayfield
  3/8/2012HouseJudicial Note Filed
  3/8/2012HouseRemoved Co-Sponsor Rep. Linda Chapa LaVia
  3/9/2012HouseState Debt Impact Note Filed
  3/9/2012HouseFiscal Note Filed
  3/14/2012HouseHousing Affordability Impact Note Filed
  3/14/2012HouseCorrectional Note Filed
  3/14/2012HousePension Note Filed
  3/21/2012HouseState Mandates Fiscal Note Filed
  3/21/2012HouseHome Rule Note Filed
  3/22/2012HouseBalanced Budget Note Filed
  3/22/2012HouseSecond Reading - Short Debate
  3/22/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/27/2012HouseAdded Chief Co-Sponsor Rep. Mary E. Flowers
  3/27/2012HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. André M. Thapedi
  3/27/2012HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/27/2012HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. André M. Thapedi
  3/27/2012HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/28/2012HouseHouse Floor Amendment No. 1 Correctional Note Filed as Amended
  3/28/2012HouseHouse Floor Amendment No. 2 Correctional Note Filed as Amended
  3/28/2012HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000
  3/28/2012HouseHouse Floor Amendment No. 1 Judicial Note Filed as Amended
  3/28/2012HouseHouse Floor Amendment No. 2 Judicial Note Filed as Amended
  3/28/2012HouseHouse Floor Amendment No. 1 Land Conveyance Appraisal Note Filed as Amended
  3/28/2012HouseHouse Floor Amendment No. 2 Land Conveyance Appraisal Note Filed as Amended
  3/28/2012HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  3/28/2012HouseHouse Floor Amendment No. 1 State Debt Impact Note Filed as Amended
  3/28/2012HouseHouse Floor Amendment No. 2 State Debt Impact Note Filed as Amended
  3/28/2012HouseHouse Floor Amendment No. 1 Pension Note Filed as Amended
  3/28/2012HouseHouse Floor Amendment No. 2 Pension Note Filed as Amended
  3/29/2012HouseAdded Co-Sponsor Rep. Esther Golar
  3/29/2012HouseHouse Floor Amendment No. 1 Fiscal Note Filed as Amended
  3/29/2012HouseHouse Floor Amendment No. 2 Fiscal Note Filed as Amended
  3/29/2012HouseHouse Floor Amendment No. 1 Balanced Budget Note Filed as Amended
  3/29/2012HouseHouse Floor Amendment No. 2 Balanced Budget Note Filed as Amended
  3/29/2012HouseRecalled to Second Reading - Short Debate
  3/29/2012HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  3/29/2012HouseHouse Floor Amendment No. 2 Withdrawn by Rep. André M. Thapedi
  3/29/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/29/2012HouseThird Reading - Short Debate - Passed 083-026-000
  3/30/2012SenateArrive in Senate
  3/30/2012SenatePlaced on Calendar Order of First Reading
  3/30/2012SenateChief Senate Sponsor Sen. John G. Mulroe
  3/30/2012SenateFirst Reading
  3/30/2012SenateReferred to Assignments
  4/11/2012SenateAssigned to Judiciary
  4/18/2012SenatePostponed - Judiciary
  4/25/2012SenatePostponed - Judiciary
  5/1/2012SenateDo Pass Judiciary; 010-001-000
  5/1/2012SenatePlaced on Calendar Order of 2nd Reading May 2, 2012
  5/16/2012SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. John G. Mulroe
  5/16/2012SenateSenate Floor Amendment No. 1 Referred to Assignments
  5/17/2012SenateSenate Floor Amendment No. 1 Assignments Refers to Judiciary
  5/22/2012SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. John G. Mulroe
  5/22/2012SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/22/2012SenateSenate Floor Amendment No. 2 Assignments Refers to Judiciary
  5/23/2012SenateSenate Floor Amendment No. 1 Postponed - Judiciary
  5/23/2012SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 010-000-000
  5/23/2012SenateSecond Reading
  5/23/2012SenateSenate Floor Amendment No. 2 Adopted; Mulroe
  5/23/2012SenatePlaced on Calendar Order of 3rd Reading May 24, 2012
  5/25/2012SenateThird Reading - Consideration Postponed
  5/25/2012SenatePlaced on Calendar - Consideration Postponed May 28, 2012
  5/25/2012SenateRule 2-10 Third Reading Deadline Established As May 31, 2012
  5/29/2012SenateThird Reading - Passed; 035-020-000
  5/29/2012SenateSenate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/29/2012HouseArrived in House
  5/29/2012HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2
  5/30/2012HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. André M. Thapedi
  5/30/2012HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/31/2012HouseSenate Floor Amendment No. 2 Motion to Concur Rules Referred to Judiciary I - Civil Law Committee
  5/31/2012HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Judiciary I - Civil Law Committee; 008-002-000
  5/31/2012HouseSenate Floor Amendment No. 2 House Concurs 066-052-000
  5/31/2012HousePassed Both Houses
  6/29/2012HouseSent to the Governor
  8/21/2012HouseGovernor Approved
  8/21/2012HouseEffective Date January 1, 2013
  8/21/2012HousePublic Act . . . . . . . . . 97-1042

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