Rep. André M. Thapedi
Filed: 3/27/2012
 
 

 

 

 
09700HB5823ham002LRB097 16924 AJO 67502 a



1
AMENDMENT TO HOUSE BILL 5823 




2    AMENDMENT NO. ______. Amend House Bill 5823 by replacing 
3everything after the enacting clause with the following:

 
 
4    "Section 5. The Health Care Services Lien Act is amended  by 
5changing Sections 30 and 45 and  by adding Section 50 as 
6follows:
 



7    (770 ILCS 23/30)



8    Sec. 30. Adjudication of rights. On petition filed by the 
9injured person
or
the
health care professional or health care 
10provider and on the petitioner's
written notice to all

11interested adverse parties, the circuit court shall adjudicate 
12the rights of
all interested
parties and enforce their liens.

13    A petition filed under this Section may be served upon the 
14interested adverse parties by personal service, substitute 
15service, or registered or certified mail. 
16(Source: P.A. 93-51, eff. 7-1-03.)

 



 
 
09700HB5823ham002- 2 -LRB097 16924 AJO 67502 a

1    (770 ILCS 23/45)



2    Sec. 45. Amounts not recovered under lien. 
3    (a)      Subject to subsection  (b) of this Section, nothing 
4Nothing in this Act shall be
construed
as limiting the right of 
5a health care professional or health care provider, or

6attorney, to
pursue
collection, through all available means, of 
7its reasonable charges for the
services it
furnishes to an 
8injured person. Subject to subsection  (b) of this Section 
9Notwithstanding any other provision of law, a
lien holder
may 
10seek payment of the amount of its reasonable charges that 
11remain not paid
after the
satisfaction of its
lien under
this 
12Act.

13    (b)     If health insurance, a health plan, or other private 
14benefits are available to pay a medical bill, the lien of the 
15health care professional or health care provider shall be 
16limited to the rates established by the health insurance, 
17health plan, or other private benefits. Notwithstanding any 
18other provision of this Act, this subsection (b) shall not 
19apply to a licensed long term care facility. 
20(Source: P.A. 93-51, eff. 7-1-03.)

 
21    (770 ILCS 23/50 new)
22    Sec. 50. Subrogation claims. If a subrogation claim or 
23other right of reimbursement claim that arises out of the 
24payment of medical expenses or other benefits exists with 
 
 
09700HB5823ham002- 3 -LRB097 16924 AJO 67502 a

1respect to a claim for personal injuries or death and the 
2claimant's recovery is diminished:
3        (1) by comparative fault; or
4        (2) by reason of the uncollectibility of the full value 
5    of the claim for personal injuries or death resulting from 
6    limited liability insurance or from any other cause;
7the subrogation claim shall be diminished in the same 
8proportion as the claimant's recovery is diminished.  The party 
9asserting the subrogation claim shall bear a pro rata share of 
10the claimant's attorney's fees and litigation expenses. 
11Notwithstanding any other provision of this Act, this Section 
1250 shall not apply to a licensed long term care facility.".