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


Sen. John G. Mulroe

Filed: 5/22/2012





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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 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.)



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1    (770 ILCS 23/50 new)
2    Sec. 50. Subrogation claims. If a subrogation claim or
3other right of reimbursement claim that arises out of the
4payment of medical expenses or other benefits exists with
5respect to a claim for personal injury or death, and the
6personal injury or death estate claimant's recovery is
8        (1) by comparative fault; or
9        (2) by reason of the uncollectibility of the full value
10    of the claim for personal injury or death resulting from
11    limited liability insurance;
12the subrogation claim or other right of reimbursement claim
13shall be diminished in the same proportion as the personal
14injury or death estate claimant's recovery is diminished.
15Unless otherwise agreed by the interested parties, the amount
16of comparative fault and the full value of the claim shall be
17determined by the court having jurisdiction over the matter.
18    After reduction of the subrogation claim or other right of
19reimbursement claim due to either comparative fault or limited
20liability insurance, or both, the party asserting the
21subrogation claim or other right of reimbursement claim shall
22bear a pro rata share of the personal injury or death estate
23claimant's attorneys fees and litigation expenses. This
24Section 50 does not apply to any holder of a lien under the
25Workers' Compensation Act, the Workers' Occupational Diseases
26Act, or this Act including, but not limited to, licensed



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1long-term care facilities, physicians, and hospitals, or to
2claims made to recoup uninsured payments pursuant to Section
3143a of the Illinois Insurance Code or underinsured payments
4pursuant to Section 143a-2 of the Illinois Insurance Code. A
5subrogation claim or other right of reimbursement claim may be
6adjudicated even when a lien has not been filed regarding such