093_HB1205enr

HB1205 Enrolled                      LRB093 06953 LCB 07099 b

 1        AN ACT concerning liens.

 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    Naprapathic Lien Act.

 6        Section   5.  Elements   of  the  lien.   Every  licensed
 7    naprapath practicing in this State who provides  services  by
 8    way of treatment to injured persons, except services rendered
 9    under  the provisions of the Workers' Compensation Act or the
10    Workers' Occupational Diseases Act, shall have  a  lien  upon
11    all  claims and causes of action for the amount of his or her
12    reasonable charges up to the date of payment of the  damages.
13    However,  the  total amount of all liens under this Act shall
14    not exceed 1/3 of the sum paid or due to the  injured  person
15    based  on  a  claim  or  right of action. The lien shall also
16    include a written notice containing the name and  address  of
17    the  injured  person,  the  date  of the injury, the name and
18    address of the licensed naprapath practicing in  this  State,
19    and  the  name  of  the  party  alleged  to be liable to make
20    compensation to the injured person for the injuries received.
21    The notice shall be served on both the injured person and the
22    party against whom the  claim  or  right  of  action  exists.
23    Service  shall  be made by registered or certified mail or in
24    person.

25        Section   10.  Payment.    Notwithstanding   any    other
26    provision  of  this  Act, payment in good faith to any person
27    other than the licensed naprapath claiming the lien, prior to
28    the service of notice of lien shall, to  the  extent  of  the
29    payment  made,  bar or prevent the creation of an enforceable
30    lien.
 
HB1205 Enrolled             -2-      LRB093 06953 LCB 07099 b
 1        Section  15.  Attachment.   The  lien  of  any   licensed
 2    naprapath  practicing  in  this State shall, from the time of
 3    service of a notice, as provided in Section 5, attach to  any
 4    verdict,  judgment, or order secured in any suit or action by
 5    the injured party based on a negligent or wrongful  act,  and
 6    to  any money or property that may be recovered by compromise
 7    settlement, or in any suit or action brought by  the  injured
 8    person  on  account of a claim or right of action. In case of
 9    death of the injured person, the lien  shall  attach  to  any
10    money  or  property  that  may  be  recovered  by  compromise
11    settlement,  suit,  or action based on injuries not resulting
12    in the death of  the  injured  person,  or  to  any  verdict,
13    judgment or order in any suit or action brought by the estate
14    of  the  injured  person  against  any  other  person for the
15    recovery of damages on account of injuries not  resulting  in
16    the death of the injured person.

17        Section  20.  Examination  of  records.   Any  party to a
18    cause pending in a court against whom a claim is asserted  or
19    any  party against whom a claim has been asserted for damages
20    resulting from  injuries  shall,  upon  written  request,  be
21    permitted to examine the records of the licensed naprapath in
22    reference  to  the  examination  or  treatment of the injured
23    person. Any licensed naprapath claiming a lien under this Act
24    shall, within 10 days of being requested in  writing  by  any
25    party,  furnish  to  the party, or file with the clerk of the
26    court in which the cause is pending, a written  statement  of
27    the  treatment  given  to  the injured person by the licensed
28    naprapath.

29        Section 25.  Failure to file written  statement.   Should
30    any  licensed  naprapath  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
 
HB1205 Enrolled             -3-      LRB093 06953 LCB 07099 b
 1    licensed  naprapath's  lien shall immediately become null and
 2    void.

 3        Section 30.  Enforcement  and  priorities.   The  injured
 4    person  or  licensed naprapath practicing in this State shall
 5    file a petition and the circuit court  shall,  after  written
 6    notice  to  all  interested  adverse  parties, adjudicate the
 7    rights of all interested parties  and  enforce  their  liens.
 8    Nothing  in  this  Act affects the priority of any attorney's
 9    lien under the Attorneys Lien  Act,  nor  gives  priority  to
10    liens under the Hospital Lien Act.

11        Section  99.  Effective  date. This Act takes effect upon
12    becoming law.