HB3911 97TH GENERAL ASSEMBLY

LRB097 14135 AJO 58828 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3911

Introduced 12/11/2011, by Rep. Dwight Kay

SYNOPSIS AS INTRODUCED:

735 ILCS 5/2-1205

from Ch. 110, par. 2-1205

Amends the Code of Civil Procedure. Provides, with regard to a reduction in the amount of recovery from a judgment, additional reductions in an amount equal to the sum of (i) 100% of the amount of the benefits that is in excess of the amount which has been paid, not the amount billed (as shown through evidence that proves that the injured person's bill was paid in full by an amount that is less than the stated charge) by the injured person or third party and (ii) 100% of the amount of the medical benefits that is in excess of the amount which was paid by a governmental or charitable entity and for which the health provider has released the injured party from all claims shall be deducted from any judgment in an action based on an allegation of negligence or other wrongful act on the part of a licensed hospital or physician, provided that specified procedures are followed.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by changing Section 2-1205 as follows:

(735 ILCS 5/2-1205) (from Ch. 110, par. 2-1205)

Sec. 2-1205. Reduction in amount of recovery. An amount equal to the sum of (i) 50% of the benefits provided for lost wages or private or governmental disability income programs, which have been paid, or which have become payable to the injured person by any other person, corporation, insurance company or fund in relation to a particular injury, and (ii) 100% of the benefits provided for medical charges, hospital charges, or nursing or caretaking charges, which have been paid, or which have become payable to the injured person by any other person, corporation, insurance company or fund in relation to a particular injury, (iii) 100% of the amount of the benefits provided for medical charges, hospital charges, or nursing or caretaking charges that is in excess of the amount which has been paid, not the amount billed (as shown by evidence that proves that the injured person's bill was paid in full by an amount that is less than the stated charge) by the injured person or by any other person, corporation, insurance company or fund in relation to a particular injury, and (iv) 100% of the amount of the benefits provided for medical charges, hospital charges, or nursing or caretaking charges that is in excess of the amount which has been paid by a governmental or charitable entity and as to which the health provider has released the injured party from all claims, as a result of the payment, shall be deducted from any judgment in an action to recover for that injury based on an allegation of negligence or other wrongful act, not including intentional torts, on the part of a licensed hospital or physician; provided, however, that:

(1) Application is made within 30 days to reduce the judgment;

(2) Such reduction shall not apply to the extent that there is a right of recoupment through subrogation, trust agreement, lien, or otherwise;

(3) The reduction shall not reduce the judgment by more than 50% of the total amount of the judgment entered on the verdict;

(4) The damages awarded shall be increased by the amount of any insurance premiums or the direct costs paid by the plaintiff for such benefits in the 2 years prior to plaintiff's injury or death or to be paid by the plaintiff in the future for such benefits; and

(5) There shall be no reduction for charges paid for medical expenses which were directly attributable to the adjudged negligent acts or omissions of the defendants found liable.

(Source: P.A. 84-7.)