HB4916 EngrossedLRB103 38470 JRC 68606 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 2-2301 as follows:
 
6    (735 ILCS 5/2-2301)
7    Sec. 2-2301. Settlement of claims; payment.
8    (a) In a personal injury, property damage, wrongful death,
9or tort, or other private action involving a claim for money
10damages, a release must be tendered to the plaintiff by the
11settling defendant within 14 days of written confirmation of
12the settlement. Written confirmation includes all
13communication by written means.
14    (b) In a personal injury, property damage, wrongful death,
15or tort, or other private action involving a claim for money
16damages in which the law requires court approval of a
17settlement, the plaintiff shall tender to the defendant a copy
18of the court order approving the settlement.
19    (c) In a personal injury, property damage, wrongful death,
20or tort, or other private action involving a claim for money
21damages in which there is a known third-party right of
22recovery or subrogation interest (including attorney's liens,
23healthcare provider liens, or rights of recovery claimed by

 

 

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1Medicare, the Centers for Medicare and Medicaid Services, the
2Illinois Department of Healthcare and Family Services, or
3private health insurance companies), the plaintiff may protect
4the third-party's right of recovery or subrogation interest,
5where applicable, by tendering to the defendant:
6        (1) A signed release of the attorney's lien.
7        (2) Either:
8            (i) a signed release of a healthcare provider
9        lien; or
10            (ii) a letter from the plaintiff's attorney
11        agreeing to hold the full amount of the claimed lien in
12        the plaintiff's attorney's client fund account pending
13        final resolution of the lien amount; or
14            (iii) an offer that the defendant hold the full
15        amount of the claimed right to recovery pending final
16        resolution of the amount of the right of recovery; or
17            (iv) documentation of any other method of
18        resolution of the liens as agreed by the parties.
19        (3) Either:
20            (i) documentation of the agreement between the
21        plaintiff and Medicare, the Centers for Medicare and
22        Medicaid Services, the Illinois Department of
23        Healthcare and Family Services, or the private health
24        insurance company as to the amount of the settlement
25        that will be accepted in satisfaction of right of
26        recovery; or

 

 

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1            (ii) a letter from the plaintiff's attorney
2        agreeing to hold the full amount of the claimed right
3        to recovery in the plaintiff's attorney's client fund
4        account pending final resolution of the amount of the
5        right to recovery; or
6            (iii) an offer that the defendant hold the full
7        amount of the claimed right to recovery pending final
8        resolution of the amount of the right of recovery; or
9            (iv) documentation of any other method of
10        resolution of the liens as agreed by the parties.
11    (d) A settling defendant shall pay all sums due to the
12plaintiff within 30 days of tender by the plaintiff of the
13executed release and all applicable documents in compliance
14with subsections (a), (b), and (c) of this Section.
15    (e) If, after a hearing, the court having jurisdiction
16over the parties finds that timely payment has not been made by
17a defendant pursuant to subsection (d) of this Section,
18judgment shall be entered against that defendant for the
19amount set forth in the executed release, plus costs incurred
20in obtaining the judgment and interest at the rate specified
21under Section 2-1303 of this Code, calculated from the date of
22the tender by the plaintiff under subsection (d) of this
23Section.
24    (f) As used in this Section, "tender" means personal
25delivery or delivery by a means providing a return receipt.
26    (g) This Section applies to all personal injury, property

 

 

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1damage, wrongful death, and tort, and other private actions
2involving a claim for money damages, except as otherwise
3agreed by the parties. This Section does not apply to:
4        (1) the State of Illinois;
5        (2) any State agency, board, or Commission, as defined
6    in Section 1-7 of the Illinois State Auditing Act;
7        (3) any State officer or employee sued in his or her
8    official capacity;
9        (4) any person or entity that is being represented by
10    the Attorney General and provided indemnification by the
11    State pursuant to the State Employee Indemnification Act;
12        (5) any municipality or unit of local government as
13    defined under Article VII of the Illinois Constitution;
14    and
15        (6) class action lawsuits.
16    (h) In the event of a conflict between this amendatory Act
17of the 103rd General Assembly and the Workers' Compensation
18Act, the provisions of the Workers' Compensation Act shall
19control.
20(Source: P.A. 98-548, eff. 1-1-14.)