Full Text of HB6287 93rd General Assembly
HB6287 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6287
Introduced 02/06/04, by Tom Cross 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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HB6287 |
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LRB093 14623 LCB 40133 b |
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| AN ACT concerning liens.
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| 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 10 as follows:
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| (770 ILCS 23/10)
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| Sec. 10. Lien created; limitation.
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| (a) Every health care professional and health care provider | 9 |
| that renders any
service
in the treatment, care, or maintenance | 10 |
| of an injured person, except services
rendered under the | 11 |
| provisions of the Workers' Compensation Act or the Workers'
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| Occupational Diseases Act, shall have a lien
upon all
claims | 13 |
| and causes of action of the injured person for the amount of | 14 |
| the health
care
professional's or health care provider's | 15 |
| reasonable charges up to the date of
payment of
damages to the | 16 |
| injured person. The total amount of all liens under this Act,
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| however, shall
not exceed 40% of the verdict, judgment, award, | 18 |
| settlement, or
compromise secured
by or on behalf of the | 19 |
| injured person on his or her claim or right of action.
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| (b) The lien must
shall include a written notice containing | 21 |
| the name and
address of
the injured person, the date of the | 22 |
| injury, the name and address of the health
care
professional or | 23 |
| health care provider, and the name of the party alleged to be
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| liable to
make compensation to the injured person for the | 25 |
| injuries received. The lien
notice shall
be served on both the | 26 |
| injured person and the party against whom the claim or
right of
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| action exists.
Notwithstanding any other provision of this Act, | 28 |
| payment in good faith to any
person other than the healthcare | 29 |
| professional or healthcare provider claiming
or asserting such | 30 |
| lien prior to the service of such notice of lien shall, to
the | 31 |
| extent of the payment so made, bar or prevent the creation of | 32 |
| an
enforceable lien.
Service shall be made by registered or |
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HB6287 |
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LRB093 14623 LCB 40133 b |
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| certified mail or in person.
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| (c) All health care professionals and health care providers | 3 |
| holding liens
under this
Act with respect to a particular | 4 |
| injured person shall share proportionate
amounts within
the | 5 |
| statutory limitation set forth in subsection (a).
The statutory | 6 |
| limitations under this Section may be waived or otherwise | 7 |
| reduced
only by the lienholder.
No individual licensed
category | 8 |
| of
health care professional (such as physicians) or health care | 9 |
| provider (such as
hospitals) as set forth in Section 5,
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| however, may receive more
than one-third of the verdict, | 11 |
| judgment, award, settlement, or compromise
secured by or
on | 12 |
| behalf
of the injured person on his or her claim or right of | 13 |
| action.
If the total amount of all liens under this Act meets | 14 |
| or exceeds 40% of the
verdict, judgment, award,
settlement, or | 15 |
| compromise, then:
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| (1) all the liens of health care professionals shall | 17 |
| not exceed 20% of
the verdict, judgment, award, settlement, | 18 |
| or compromise; and
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| (2) all the liens of health care providers shall not | 20 |
| exceed 20% of the
verdict, judgment, award, settlement, or | 21 |
| compromise;
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| provided, however, that health care services liens shall be | 23 |
| satisfied to the
extent
possible for all health care | 24 |
| professionals and health care providers by
reallocating the
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| amount
unused within the aggregate total limitation of 40% for | 26 |
| all health care
services liens
under
this Act; and provided | 27 |
| further that the amounts of liens under paragraphs (1)
and (2) | 28 |
| are subject to the one-third limitation under this subsection.
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| If the total amount of all liens under this Act meets or | 30 |
| exceeds 40% of the
verdict, judgment,
award, settlement, or | 31 |
| compromise, the total amount of all the liens of
attorneys | 32 |
| under the
Attorneys Lien Act shall not
exceed 30% of the | 33 |
| verdict, judgment, award, settlement, or compromise. If an
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| appeal is taken by any party to a suit based on the claim or | 35 |
| cause of
action, however,
the attorney's lien
shall not
be | 36 |
| affected or limited by the provisions of this Act.
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| (d) If services furnished by health care professionals and | 2 |
| health care
providers are
billed at one all-inclusive rate, the | 3 |
| total reasonable charges for those
services shall be
reasonably | 4 |
| allocated among the health care professionals and health care
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| providers and
treated as separate liens for purposes of this | 6 |
| Act, including the filing of
separate lien
notices. For | 7 |
| services provided under an all-inclusive rate, the liens of | 8 |
| health
care
professionals and health care providers may be | 9 |
| asserted by the entity that
bills the
all-inclusive rate.
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| (e) Payments under the liens shall be made directly to the | 11 |
| health care
professionals and health care providers. For | 12 |
| services provided under an
all-inclusive rate,
payments under | 13 |
| liens shall be made directly to the entity that bills the
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| all-inclusive rate.
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| (Source: P.A. 93-51, eff. 7-1-03.)
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