Illinois General Assembly - Full Text of HB5823
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Full Text of HB5823  97th General Assembly




HB5823 EnrolledLRB097 16924 AJO 62112 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Health Care Services Lien Act is amended by
5changing Section 30 and by adding Section 50 as follows:
6    (770 ILCS 23/30)
7    Sec. 30. Adjudication of rights. On petition filed by the
8injured person or the health care professional or health care
9provider and on the petitioner's written notice to all
10interested adverse parties, the circuit court shall adjudicate
11the rights of all interested parties and enforce their liens.
12    A petition filed under this Section may be served upon the
13interested adverse parties by personal service, substitute
14service, or registered or certified mail.
15(Source: P.A. 93-51, eff. 7-1-03.)
16    (770 ILCS 23/50 new)
17    Sec. 50. Subrogation claims. If a subrogation claim or
18other right of reimbursement claim that arises out of the
19payment of medical expenses or other benefits exists with
20respect to a claim for personal injury or death, and the
21personal injury or death estate claimant's recovery is



HB5823 Enrolled- 2 -LRB097 16924 AJO 62112 b

1        (1) by comparative fault; or
2        (2) by reason of the uncollectibility of the full value
3    of the claim for personal injury or death resulting from
4    limited liability insurance;
5the subrogation claim or other right of reimbursement claim
6shall be diminished in the same proportion as the personal
7injury or death estate claimant's recovery is diminished.
8Unless otherwise agreed by the interested parties, the amount
9of comparative fault and the full value of the claim shall be
10determined by the court having jurisdiction over the matter.
11    After reduction of the subrogation claim or other right of
12reimbursement claim due to either comparative fault or limited
13liability insurance, or both, the party asserting the
14subrogation claim or other right of reimbursement claim shall
15bear a pro rata share of the personal injury or death estate
16claimant's attorneys fees and litigation expenses. This
17Section 50 does not apply to any holder of a lien under the
18Workers' Compensation Act, the Workers' Occupational Diseases
19Act, or this Act including, but not limited to, licensed
20long-term care facilities, physicians, and hospitals, or to
21claims made to recoup uninsured payments pursuant to Section
22143a of the Illinois Insurance Code or underinsured payments
23pursuant to Section 143a-2 of the Illinois Insurance Code. A
24subrogation claim or other right of reimbursement claim may be
25adjudicated even when a lien has not been filed regarding such