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90_SB0246
770 ILCS 80/1 from Ch. 82, par. 101.1
770 ILCS 80/2 from Ch. 82, par. 101.2
Amends the Physicians Lien Act. Provides that no
verdict, judgment, award, settlement, or compromise secured
by or on behalf of an injured person may be satisfied unless
written notice has been given to the physician who provided
care to the injured person. Provides that the physician
shall have 30 days to perfect and satisfy his or her lien.
Replaces existing language regarding the attaching of the
lien with language providing that from the time the lien
notice is served, a physician's lien attaches to any verdict,
judgment, award, settlement, or compromise secured by or on
behalf of the injured person. Provides that the lien shall
be satisfied before the establishment of any annuity or other
periodic plan for payments to the injured person.
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1 AN ACT to amend the Physicians Lien Act by changing
2 Sections 1 and 2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Physicians Lien Act is amended by
6 changing Sections 1 and 2 as follows:
7 (770 ILCS 80/1) (from Ch. 82, par. 101.1)
8 Sec. 1. Every licensed physician practicing in this State
9 who renders services by way of treatment to injured persons,
10 except services rendered under the provisions of the Workers'
11 Compensation Act or the Workers' Occupational Diseases Act,
12 shall have a lien upon all claims and causes of action of the
13 injured person for the amount of his reasonable charges up to
14 the date of payment of such damages.
15 No verdict, judgment, award, settlement, or compromise
16 secured by or on behalf of an injured person shall be
17 satisfied without the injured person or his or her authorized
18 representative first giving the physician who rendered the
19 service in the treatment, care, and maintenance of the
20 injured person notice of the verdict, judgment, award,
21 settlement, or compromise. The physician shall have a period
22 of 30 calendar days to perfect and satisfy his or her lien.
23 The notice shall be in writing and served upon the physician.
24 Provided, however, that the total amount of all liens
25 under this Act hereunder shall not exceed 1/3 of the verdict,
26 judgment, award, settlement, or compromise secured by or on
27 behalf of sum paid or due to the injured person on his or her
28 the claim or right of action, and provided further, that the
29 lien shall in addition include a notice in writing containing
30 the name and address of the injured person, the date of the
31 injury, the name and address of the licensed physician
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1 practicing in this State, and the name of the party alleged
2 to be liable to make compensation to the such injured person
3 for the injuries received. The lien, which notice shall be
4 served on both the injured person and the party against whom
5 such claim or right of action exists.
6 Notwithstanding any other provision of this Act, payment
7 in good faith to any person other than the physician claiming
8 or asserting such lien prior to the service of such notice of
9 lien shall, to the extent of the payment so made, bar or
10 prevent the creation of an enforceable lien.
11 Service shall be made by registered or certified mail or
12 in person.
13 (Source: P.A. 81-992.)
14 (770 ILCS 80/2) (from Ch. 82, par. 101.2)
15 Sec. 2. The lien of the any such licensed physician
16 practicing in this State shall, from and after the time of
17 service of the lien aforesaid notice, attach to any verdict,
18 judgment, award, settlement, or compromise secured by or on
19 behalf of the injured person. If the verdict, judgment,
20 award, settlement, or compromise is to be paid over time by
21 means of an annuity or otherwise, any lien under this Act
22 shall be satisfied by the party obligated to compensate the
23 injured person to the fullest extent permitted by Section 1
24 prior to the establishment of the annuity or other extended
25 payment mechanism. or order secured in any suit or action by
26 the injured party based on the negligent or wrongful act, and
27 to any money or property which may be recovered by compromise
28 settlement, or in any suit or action brought by such injured
29 person on account of such claim or right of action. In case
30 of death of the injured person, the lien shall attach to any
31 money or property which may be recovered by compromise
32 settlement, suit or action on account of injuries not
33 resulting in the death of the injured person, or to any
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1 verdict, judgment or order in any suit or action brought by
2 the estate of the injured person against any other person for
3 the recovery of damages on account of injuries not resulting
4 in the death of the injured person.
5 (Source: P.A. 79-1358.)