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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0997 Introduced 01/31/11, by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
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Amends the Health Care Services Lien Act. Makes a technical change in a
Section
concerning the creation and limitation of liens.
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| | A BILL FOR |
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| | HB0997 | | LRB097 03816 AJO 43853 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Health Care Services Lien Act is amended by |
| 5 | | changing Section 10 as follows:
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| 6 | | (770 ILCS 23/10)
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| 7 | | Sec. 10. Lien created; limitation.
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| 8 | | (a) Every health care professional and
and health care |
| 9 | | provider that renders any
service
in the treatment, care, or |
| 10 | | maintenance of an injured person, except services
rendered |
| 11 | | under the provisions of the Workers' Compensation Act or the |
| 12 | | Workers'
Occupational Diseases Act, shall have a lien
upon all
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| 13 | | claims and causes of action of the injured person for the |
| 14 | | amount of the health
care
professional's or health care |
| 15 | | provider's reasonable charges up to the date of
payment of
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| 16 | | damages to the injured person. The total amount of all liens |
| 17 | | under this Act,
however, shall
not exceed 40% of the verdict, |
| 18 | | judgment, award, settlement, or
compromise secured
by or on |
| 19 | | behalf of the injured person on his or her claim or right of |
| 20 | | action. |
| 21 | | (b) The lien shall include a written notice containing the |
| 22 | | name and
address of
the injured person, the date of the injury, |
| 23 | | the name and address of the health
care
professional or health |
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| 1 | | care provider, and the name of the party alleged to be
liable |
| 2 | | to
make compensation to the injured person for the injuries |
| 3 | | received. The lien
notice shall
be served on both the injured |
| 4 | | person and the party against whom the claim or
right of
action |
| 5 | | exists.
Notwithstanding any other provision of this Act, |
| 6 | | payment in good faith to any
person other than the healthcare |
| 7 | | professional or healthcare provider claiming
or asserting such |
| 8 | | lien prior to the service of such notice of lien shall, to
the |
| 9 | | extent of the payment so made, bar or prevent the creation of |
| 10 | | an
enforceable lien.
Service shall be made by registered or |
| 11 | | certified mail or in person.
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| 12 | | (c) All health care professionals and health care providers |
| 13 | | holding liens
under this
Act with respect to a particular |
| 14 | | injured person shall share proportionate
amounts within
the |
| 15 | | statutory limitation set forth in subsection (a).
The statutory |
| 16 | | limitations under this Section may be waived or otherwise |
| 17 | | reduced
only by the lienholder.
No individual licensed
category |
| 18 | | of
health care professional (such as physicians) or health care |
| 19 | | provider (such as
hospitals) as set forth in Section 5,
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| 20 | | however, may receive more
than one-third of the verdict, |
| 21 | | judgment, award, settlement, or compromise
secured by or
on |
| 22 | | behalf
of the injured person on his or her claim or right of |
| 23 | | action.
If the total amount of all liens under this Act meets |
| 24 | | or exceeds 40% of the
verdict, judgment, award,
settlement, or |
| 25 | | compromise, then:
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| 26 | | (1) all the liens of health care professionals shall |
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| 1 | | not exceed 20% of
the verdict, judgment, award, settlement, |
| 2 | | or compromise; and
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| 3 | | (2) all the liens of health care providers shall not |
| 4 | | exceed 20% of the
verdict, judgment, award, settlement, or |
| 5 | | compromise;
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| 6 | | provided, however, that health care services liens shall be |
| 7 | | satisfied to the
extent
possible for all health care |
| 8 | | professionals and health care providers by
reallocating the
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| 9 | | amount
unused within the aggregate total limitation of 40% for |
| 10 | | all health care
services liens
under
this Act; and provided |
| 11 | | further that the amounts of liens under paragraphs (1)
and (2) |
| 12 | | are subject to the one-third limitation under this subsection.
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| 13 | | If the total amount of all liens under this Act meets or |
| 14 | | exceeds 40% of the
verdict, judgment,
award, settlement, or |
| 15 | | compromise, the total amount of all the liens of
attorneys |
| 16 | | under the
Attorneys Lien Act shall not
exceed 30% of the |
| 17 | | verdict, judgment, award, settlement, or compromise. If an
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| 18 | | appeal is taken by any party to a suit based on the claim or |
| 19 | | cause of
action, however,
the attorney's lien
shall not
be |
| 20 | | affected or limited by the provisions of this Act.
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| 21 | | (d) If services furnished by health care professionals and |
| 22 | | health care
providers are
billed at one all-inclusive rate, the |
| 23 | | total reasonable charges for those
services shall be
reasonably |
| 24 | | allocated among the health care professionals and health care
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| 25 | | providers and
treated as separate liens for purposes of this |
| 26 | | Act, including the filing of
separate lien
notices. For |
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| 1 | | services provided under an all-inclusive rate, the liens of |
| 2 | | health
care
professionals and health care providers may be |
| 3 | | asserted by the entity that
bills the
all-inclusive rate.
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| 4 | | (e) Payments under the liens shall be made directly to the |
| 5 | | health care
professionals and health care providers. For |
| 6 | | services provided under an
all-inclusive rate,
payments under |
| 7 | | liens shall be made directly to the entity that bills the
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| 8 | | all-inclusive rate.
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| 9 | | (Source: P.A. 93-51, eff. 7-1-03.)
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