Sen. John G. Mulroe
Filed: 5/16/2012
 
 

 

 

 
09700HB5823sam001LRB097 16924 JLS 69616 a



1
AMENDMENT TO HOUSE BILL 5823




2    AMENDMENT NO. ______. Amend House Bill 5823 by replacing 
3everything after the enacting clause with the following:

 
 
4    "Section 5. The Health Care Services Lien Act is amended  by 
5changing 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 
8injured person
or
the
health care professional or health care 
9provider and on the petitioner's
written notice to all

10interested adverse parties, the circuit court shall adjudicate 
11the rights of
all interested
parties and enforce their liens.

12    A petition filed under this Section may be served upon the 
13interested adverse parties by personal service, substitute 
14service, or registered or certified mail. 
15(Source: P.A. 93-51, eff. 7-1-03.)

 
 
 
09700HB5823sam001- 2 -LRB097 16924 JLS 69616 a

1    (770 ILCS 23/50 new)
2    Sec. 50. Subrogation claims. If a subrogation claim or 
3other right of reimbursement claim that arises out of the 
4payment of medical expenses or other benefits exists with 
5respect to a claim for personal injury or death, and the 
6personal injury or death estate claimant's recovery is 
7diminished:
8        (1) by comparative fault; or
9        (2) by reason of the uncollectibility of the full value 
10    of the claim for personal injury or death resulting from 
11    limited liability insurance or from any other cause;
12the subrogation claim or other right of reimbursement claim 
13shall be diminished in the same proportion as the personal 
14injury or death estate  claimant's recovery is diminished.  The 
15party asserting the subrogation claim or other right of 
16reimbursement claim shall bear a pro rata share of the personal 
17injury or death estate claimant's attorneys fees and litigation 
18expenses. This Section 50 does not apply to any holder of a 
19lien under this Act including, but not limited to, licensed 
20long-term care facilities.".