|
| | HB5823 Enrolled | | LRB097 16924 AJO 62112 b |
|
|
| 1 | | AN ACT concerning civil law.
|
| 2 | | Be it enacted by the People of the State of Illinois,
|
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. The Health Care Services Lien Act is amended by |
| 5 | | changing Section 30 and by adding Section 50 as follows:
|
| 6 | | (770 ILCS 23/30)
|
| 7 | | Sec. 30. Adjudication of rights. On petition filed by the |
| 8 | | injured person
or
the
health care professional or health care |
| 9 | | provider and on the petitioner's
written notice to all
|
| 10 | | interested adverse parties, the circuit court shall adjudicate |
| 11 | | the rights of
all interested
parties and enforce their liens.
|
| 12 | | A petition filed under this Section may be served upon the |
| 13 | | interested adverse parties by personal service, substitute |
| 14 | | service, or registered or certified mail. |
| 15 | | (Source: P.A. 93-51, eff. 7-1-03.)
|
| 16 | | (770 ILCS 23/50 new) |
| 17 | | Sec. 50. Subrogation claims. If a subrogation claim or |
| 18 | | other right of reimbursement claim that arises out of the |
| 19 | | payment of medical expenses or other benefits exists with |
| 20 | | respect to a claim for personal injury or death, and the |
| 21 | | personal injury or death estate claimant's recovery is |
| 22 | | diminished: |
|
| | HB5823 Enrolled | - 2 - | LRB097 16924 AJO 62112 b |
|
|
| 1 | | (1) by comparative fault; or |
| 2 | | (2) by reason of the uncollectibility of the full value |
| 3 | | of the claim for personal injury or death resulting from |
| 4 | | limited liability insurance; |
| 5 | | the subrogation claim or other right of reimbursement claim |
| 6 | | shall be diminished in the same proportion as the personal |
| 7 | | injury or death estate claimant's recovery is diminished. |
| 8 | | Unless otherwise agreed by the interested parties, the amount |
| 9 | | of comparative fault and the full value of the claim shall be |
| 10 | | determined by the court having jurisdiction over the matter. |
| 11 | | After reduction of the subrogation claim or other right of |
| 12 | | reimbursement claim due to either comparative fault or limited |
| 13 | | liability insurance, or both, the party asserting the |
| 14 | | subrogation claim or other right of reimbursement claim shall |
| 15 | | bear a pro rata share of the personal injury or death estate |
| 16 | | claimant's attorneys fees and litigation expenses. This |
| 17 | | Section 50 does not apply to any holder of a lien under the |
| 18 | | Workers' Compensation Act, the Workers' Occupational Diseases |
| 19 | | Act, or this Act including, but not limited to, licensed |
| 20 | | long-term care facilities, physicians, and hospitals, or to |
| 21 | | claims made to recoup uninsured payments pursuant to Section |
| 22 | | 143a of the Illinois Insurance Code or underinsured payments |
| 23 | | pursuant to Section 143a-2 of the Illinois Insurance Code. A |
| 24 | | subrogation claim or other right of reimbursement claim may be |
| 25 | | adjudicated even when a lien has not been filed regarding such |
| 26 | | claim.
|