|
payment plan. The hospital may require the uninsured |
patient to provide reasonable verification of his or her |
inability to pay the full amount of the debt in one |
payment. |
(4) To the extent the hospital provides financial |
assistance and the circumstances of the uninsured patient |
suggest the potential for eligibility for charity care, |
the uninsured patient has been given at least 90 days |
following the date of discharge or receipt of outpatient |
care to submit an application for financial assistance and |
shall be provided assistance with the application in |
compliance with subsection (a) of Section 16 and Section |
27. |
(5) If the uninsured patient has agreed to a |
reasonable payment plan with the hospital, and the patient |
has failed to make payments in accordance with that |
reasonable payment plan. |
(6) If the uninsured patient informs the hospital that |
he or she has applied for health care coverage under a |
public health insurance program (and there is a reasonable |
basis to believe that the patient will qualify for such |
program) but the patient's application is denied. |
(a-5) A hospital shall proactively offer information on |
charity care options available to uninsured patients, |
regardless of their immigration status or residency. |
(b) A hospital may not refer a bill, or portion thereof, to |
|
a collection agency or attorney for collection action against |
the insured patient, without first ensuring compliance with |
Section 16 and offering the patient the opportunity to request |
a reasonable payment plan for the amount personally owed by |
the patient. Such an opportunity shall be made available for |
the 90 days following the date of the initial bill. If the |
insured patient requests a reasonable payment plan, but fails |
to agree to a plan within 90 days of the request, the hospital |
may proceed with collection action against the patient. |
(c) No collection agency, law firm, or individual may |
initiate legal action for non-payment of a hospital bill |
against a patient without the written approval of an |
authorized hospital employee who reasonably believes that the |
conditions for pursuing collection action under this Section |
have been met. |
(c-5) For any legal action initiated against a patient for |
unpaid medical debt, a hospital may not file for or be granted |
a lien upon that patient's primary residence. |
(d) Nothing in this Section prohibits a hospital from |
engaging an outside third party agency, firm, or individual to |
manage the process of implementing the hospital's financial |
assistance and reasonable payment plan programs and policies |
so long as such agency, firm, or individual is contractually |
bound to comply with the terms of this Act. |
(Source: P.A. 102-504, eff. 12-1-21; 103-323, eff. 1-1-24.)
|
|
Section 10. The Code of Civil Procedure is amended by |
changing Section 12-101 as follows:
|
(735 ILCS 5/12-101) (from Ch. 110, par. 12-101) |
Sec. 12-101. Lien of judgment. With respect to the |
creation of liens on real estate by judgments, all real estate |
in the State of Illinois is divided into 2 classes. |
The first class consists of all real property, the title |
to which is registered under "An Act concerning land titles", |
approved May 1, 1897, as amended. |
The second class consists of all real property not |
registered under "An Act concerning land titles". |
As to real estate in class one, a judgment is a lien on the |
real estate of the person against whom it is entered for the |
same period as in class two, when Section 85 of "An Act |
concerning land titles", has been complied with. |
As to real estate included within class two, a judgment is |
a lien on the real estate of the person against whom it is |
entered in any county in this State, including the county in |
which it is entered, only from the time a transcript, |
certified copy or memorandum of the judgment is filed in the |
office of the recorder in the county in which the real estate |
is located. The lien may be foreclosed by an action brought in |
the name of the judgment creditor or its assignee of record |
under Article XV in the same manner as a mortgage of real |
property, except that the redemption period shall be 6 months |
|
from the date of sale and the real estate homestead exemption |
under Section 12-901 shall apply. A judgment resulting from |
the entry of an order requiring child support payments shall |
be a lien upon the real estate of the person obligated to make |
the child support payments, but shall not be enforceable in |
any county of this State until a transcript, certified copy, |
or memorandum of the lien is filed in the office of the |
recorder in the county in which the real estate is located. Any |
lien hereunder arising out of an order for support shall be a |
lien only as to and from the time that an installment or |
payment is due under the terms of the order. Further, the order |
for support shall not be a lien on real estate to the extent of |
payments made as evidenced by the records of the Clerk of the |
Circuit Court or State agency receiving payments pursuant to |
the order. In the event payments made pursuant to that order |
are not paid to the Clerk of the Circuit Court or a State |
agency, then each lien imposed by this Section may be released |
in the following manner: |
(a) A Notice of Filing and an affidavit stating that |
all installments of child support required to be paid |
pursuant to the order under which the lien or liens were |
imposed have been paid shall be filed with the office of |
recorder in each county in which each such lien appears of |
record, together with proof of service of such notice and |
affidavit upon the recipient of such payments. |
(b) Service of such affidavit shall be by any means |
|
authorized under Sections 2-203 and 2-208 of the Code of |
Civil Procedure or under Supreme Court Rules 11 or 105(b). |
(c) The Notice of Filing shall set forth the name and |
address of the judgment debtor and the judgment creditor, |
the court file number of the order giving rise to the |
judgment and, in capital letters, the following statement: |
YOU ARE HEREBY NOTIFIED THAT ON (insert date) THE |
ATTACHED AFFIDAVIT WAS FILED IN THE OFFICE OF THE RECORDER |
OF .... COUNTY, ILLINOIS, WHOSE ADDRESS IS ........, |
ILLINOIS. IF, WITHIN 28 DAYS OF THE DATE OF THIS NOTICE, |
YOU FAIL TO FILE AN AFFIDAVIT OBJECTING TO THE RELEASE OF |
THE STATED JUDGMENT LIEN OR LIENS, IN THE ABOVE OFFICE, |
SUCH JUDGMENT LIEN WILL BE DEEMED TO BE RELEASED AND NO |
LONGER SUBJECT TO FORECLOSURE. THIS RELEASE OF LIEN WILL |
NOT ACT AS A SATISFACTION OF SUCH JUDGMENT. |
(d) If no affidavit objecting to the release of the |
lien or liens is filed within 28 days of the Notice |
described in paragraph (c) of this Section such lien or |
liens shall be deemed to be released and no longer subject |
to foreclosure. |
A judgment is not a lien on real estate for longer than 7 |
years from the time it is entered or revived, unless the |
judgment is revived within 7 years after its entry or last |
revival and a new memorandum of judgment is recorded prior to |
the judgment and its recorded memorandum of judgment becoming |
dormant. |
|
When a judgment is revived it is a lien on the real estate |
of the person against whom it was entered in any county in this |
State from the time a transcript, certified copy or memorandum |
of the order of revival is filed in the office of the recorder |
in the county in which the real estate is located. |
A foreign judgment registered or filed pursuant to |
Sections 12-630 through 12-672 of this Act is a lien upon the |
real estate of the person against whom it was entered only from |
the time (1) a copy of the affidavit required by Section 12-653 |
with a copy of the foreign judgment attached showing the |
filing in a court of this State or (2) a transcript, certified |
copy or memorandum of a final judgment of the court of this |
State entered on an action to enforce a foreign judgment is |
filed in the office of the recorder in the county in which the |
real estate is located. However, no such judgment shall be a |
lien on any real estate registered under "An Act concerning |
land titles", as amended, until Section 85 of that Act has been |
complied with. |
The release of any transcript, certified copy or |
memorandum of judgment or order of revival which has been |
recorded shall be filed by the person receiving the release in |
the office of the recorder in which such judgment or order has |
been recorded. |
Such release shall contain in legible letters a statement |
as follows: |
FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL BE |
|
FILED WITH THE RECORDER OR THE REGISTRAR OF TITLES IN |
WHOSE OFFICE THE LIEN WAS FILED. |
The term "memorandum" as used in this Section means a |
memorandum or copy of the judgment signed by a judge or a copy |
attested by the clerk of the court entering it and showing the |
court in which entered, date, amount, number of the case in |
which it was entered, name of the party in whose favor and name |
and last known address of the party against whom entered. If |
the address of the party against whom the judgment was entered |
is not known, the memorandum or copy of judgment shall so |
state. |
The term "memorandum" as used in this Section also means a |
memorandum or copy of a child support order signed by a judge |
or a copy attested by the clerk of the court entering it or a |
copy attested by the administrative body entering it. |
This Section shall not be construed as showing an |
intention of the legislature to create a new classification of |
real estate, but shall be construed as showing an intention of |
the legislature to continue a classification already existing. |
No judgment relating to unpaid medical debt may create a |
lien on real property owned by the patient against whom the |
judgment is entered that is the primary residence of the |
patient. |
(Source: P.A. 97-350, eff. 1-1-12; 98-557, eff. 1-1-14.)
|
Section 99. Effective date. This Act takes effect on |
January 1, 2027. |