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90_HB2150eng
New Act
Creates the Optometrists Lien Act. Provides that every
licensed optometrist practicing in Illinois shall have a lien
upon all claims and causes of action for the amount of his or
her reasonable charges. Provides for notice and service of
the lien. Provides that payment in good faith to a person
other than the licensed optometrist prior to the service of
notice of the lien shall, to the extent of the payment made,
bar or prevent the creation of a lien. Provides for
attachment of the lien to any verdict, judgment, order, or
compromise settlement in any suit or action by the injured
person based on a negligent or wrongful act. Provides for the
examination of a licensed optometrist's records by the
injured person. Provides that failure to comply with the
provisions of this Act shall cause the lien to become null
and void. Provides for the adjudication of claims under this
Act. Provides that no lien under this Act affects the
priority of any liens under the Attorneys Lien Act or the
Hospital Lien Act.
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1 AN ACT concerning a lien for licensed optometrists.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Optometrists Lien Act.
6 Section 5. Elements of the lien. Every person who holds
7 a valid license under the Illinois Optometric Practice Act of
8 1987 shall have a lien upon all claims and causes of action
9 for the amount of his or her reasonable charges up to the
10 date of payment of the damages. The total amount of all
11 liens under this Act shall not exceed one-third of the sum
12 paid or due to the injured person based on a claim or right
13 of action. The lien shall also include a written notice
14 containing the name and address of the injured person, the
15 date of the injury, the name and address of the licensed
16 optometrist, and the name of the party alleged to be liable
17 to make compensation to the injured person for the injuries
18 received. The notice shall be served on both the injured
19 person and the party against whom the claim or right of
20 action exists. Service shall be made by registered or
21 certified mail or in person.
22 Section 10. Payment. Notwithstanding any other provision
23 of this Act, payment in good faith to any person other than
24 the licensed optometrist claiming a lien before the service
25 of notice of lien shall, to the extent of the payment made,
26 bar or prevent the creation of an enforceable lien.
27 Section 15. Attachment. The lien of the licensed
28 optometrist, from the time of service of a notice as provided
29 in Section 5, shall attach to any verdict, judgment, or order
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1 secured in any suit or action by the injured party based on a
2 negligent or wrongful act, and to any money or property that
3 may be recovered by compromise settlement, or in any suit or
4 action brought by the injured person on account of his or her
5 claim or right of action. In case of the death of the
6 injured person, the lien shall attach to any money or
7 property that may be recovered by compromise settlement,
8 suit, or action based on injuries not resulting in the death
9 of the injured person, or to any verdict, judgment, or order
10 in any suit or action brought by the estate of the injured
11 person against any other person for the recovery of damages
12 on account of injuries not resulting in the death of the
13 injured person.
14 Section 20. Examination of records. Any party to a
15 cause pending in a court against whom a claim is asserted or
16 any party against whom a claim has been asserted for damages
17 resulting from injuries shall, upon written request, be
18 permitted to examine the records of the licensed optometrist
19 in reference to the examination and treatment of the injured
20 person. Any licensed optometrist claiming a lien under this
21 Act shall, within 10 days of being requested in writing by
22 any party, furnish to the party, or file with the clerk of
23 the court in which the cause is pending, a written statement
24 of the nature and extent of the injuries sustained by and the
25 treatment given to the injured person by the licensed
26 optometrist and the history, if any, as given by the injured
27 person, as shown in the records of the licensed optometrist
28 regarding the manner in which the injuries were received.
29 Section 25. Failure to file written statement. Should
30 any licensed optometrist fail or refuse to give or file a
31 written statement as required in Section 20 after receiving a
32 written request to do so as provided in Section 20, the
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1 licensed optometrist's lien shall immediately become null and
2 void.
3 Section 30. Enforcement and priorities. The injured
4 person or licensed optometrist shall file a petition, and the
5 circuit court shall, after written notice to all interested
6 adverse parties, adjudicate the rights of all interested
7 parties and enforce their liens. Nothing in this Act affects
8 the priority of any attorney's lien under the Attorneys Lien
9 Act, nor gives priority to liens of nonprofit hospitals, and
10 hospitals maintained and operated entirely by a county
11 rendering treatment and maintenance to injured persons under
12 the Hospital Lien Act.