Full Text of HB5656 98th General Assembly
HB5656 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5656 Introduced , by Rep. Timothy L. Schmitz SYNOPSIS AS INTRODUCED: |
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770 ILCS 23/10 |
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770 ILCS 23/15 |
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Amends the Health Care Services Lien Act. Changes "verdict, judgment, award, settlement, or
compromise" to "gross verdict, judgment, award, settlement, or
compromise". Provides that "gross verdict, judgment, award, settlement, or compromise" means the total gross amount of a verdict, judgment, award, settlement, or compromise prior to any deductions for attorney fees, costs of litigation, or expenses of any kind that were incurred in pursuing the injured person's claim. Provides that the injured person bringing the claim or cause of action, or his or her attorney, shall notify all health care professionals and health care providers who billed for services related to the injuries involved in the claim or cause of action of their right to perfect a lien under the Act. Provides that the person giving notice shall include with the notice complete information relating to the claim or cause of action for all plaintiffs and all defendants, including, but not limited to, the following: the name and location of the court where the claim or cause of action is pending, the docket number, and a list of the parties and their attorneys. Provides that a lien holder may intervene in the claim or cause of action for the sole purpose of protecting the interest as set forth in the lien. Provides that the injured person, or his or her authorized representative, shall provide written notice to a lien holder when a case is dismissed or a judgment is entered against the injured person.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Health Care Services Lien Act is amended by | 5 | | changing Sections 10 and 15 as follows:
| 6 | | (770 ILCS 23/10)
| 7 | | Sec. 10. Lien created; limitation.
| 8 | | (a) Every health care professional and health care provider | 9 | | that renders any
service
in the treatment, care, or maintenance | 10 | | of an injured person, except services
rendered under the | 11 | | provisions of the Workers' Compensation Act or the Workers'
| 12 | | Occupational Diseases Act, shall have a lien
upon all
claims | 13 | | and causes of action of the injured person for the amount of | 14 | | the health
care
professional's or health care provider's | 15 | | reasonable charges up to the date of
payment of
damages to the | 16 | | injured person. The total amount of all liens under this Act,
| 17 | | however, shall
not exceed 40% of the gross verdict, judgment, | 18 | | award, settlement, or
compromise secured
by or on behalf of the | 19 | | injured person on his or her claim or right of action. As used | 20 | | in this Section, "gross verdict, judgment, award, settlement, | 21 | | or compromise" means the total gross amount of a verdict, | 22 | | judgment, award, settlement, or compromise prior to any | 23 | | deductions for attorney fees, costs of litigation, or expenses |
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| 1 | | of any kind that were incurred in pursuing the injured person's | 2 | | claim. | 3 | | (a-5) The injured person bringing the claim or cause of | 4 | | action, or his or her attorney, shall notify all health care | 5 | | professionals and health care providers who billed for services | 6 | | related to the injuries involved in the claim or cause of | 7 | | action of their right to perfect a lien under this Act. The | 8 | | person giving notice under this subsection (a-5) shall include | 9 | | with the notice complete information relating to the claim or | 10 | | cause of action for all plaintiffs and all defendants, | 11 | | including, but not limited to, the following: the name and | 12 | | location of the court where the claim or cause of action is | 13 | | pending, the docket number, and a list of the parties and their | 14 | | attorneys. A health care professional or health care provider | 15 | | who perfects a lien under subsection (b) of this Section may | 16 | | intervene in the claim or cause of action for the sole purpose | 17 | | of protecting the interest as set forth in the lien.
| 18 | | (b) The lien shall include a written notice containing the | 19 | | name and
address of
the injured person, the date of the injury, | 20 | | the name and address of the health
care
professional or health | 21 | | care provider, and the name of the party alleged to be
liable | 22 | | to
make compensation to the injured person for the injuries | 23 | | received. The lien
notice shall
be served on both the injured | 24 | | person and the party against whom the claim or
right of
action | 25 | | exists.
Notwithstanding any other provision of this Act, | 26 | | payment in good faith to any
person other than the healthcare |
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| 1 | | professional or healthcare provider claiming
or asserting such | 2 | | lien prior to the service of such notice of lien shall, to
the | 3 | | extent of the payment so made, bar or prevent the creation of | 4 | | an
enforceable lien.
Service shall be made by registered or | 5 | | certified mail or in person.
| 6 | | (c) All health care professionals and health care providers | 7 | | holding liens
under this
Act with respect to a particular | 8 | | injured person shall share proportionate
amounts within
the | 9 | | statutory limitation set forth in subsection (a).
The statutory | 10 | | limitations under this Section may be waived or otherwise | 11 | | reduced
only by the lienholder.
No individual licensed
category | 12 | | of
health care professional (such as physicians) or health care | 13 | | provider (such as
hospitals) as set forth in Section 5,
| 14 | | however, may receive more
than one-third of the gross verdict, | 15 | | judgment, award, settlement, or compromise
secured by or
on | 16 | | behalf
of the injured person on his or her claim or right of | 17 | | action.
If the total amount of all liens under this Act meets | 18 | | or exceeds 40% of the gross
verdict, judgment, award,
| 19 | | settlement, or compromise, then:
| 20 | | (1) all the liens of health care professionals shall | 21 | | not exceed 20% of
the gross verdict, judgment, award, | 22 | | settlement, or compromise; and
| 23 | | (2) all the liens of health care providers shall not | 24 | | exceed 20% of the gross
verdict, judgment, award, | 25 | | settlement, or compromise;
| 26 | | provided, however, that health care services liens shall be |
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| 1 | | satisfied to the
extent
possible for all health care | 2 | | professionals and health care providers by
reallocating the
| 3 | | amount
unused within the aggregate total limitation of 40% for | 4 | | all health care
services liens
under
this Act; and provided | 5 | | further that the amounts of liens under paragraphs (1)
and (2) | 6 | | are subject to the one-third limitation under this subsection.
| 7 | | If the total amount of all liens under this Act meets or | 8 | | exceeds 40% of the gross verdict, judgment,
award, settlement, | 9 | | or compromise, the total amount of all the liens of
attorneys | 10 | | under the
Attorneys Lien Act shall not
exceed 30% of the gross | 11 | | verdict, judgment, award, settlement, or compromise. If an
| 12 | | appeal is taken by any party to a suit based on the claim or | 13 | | cause of
action, however,
the attorney's lien
shall not
be | 14 | | affected or limited by the provisions of this Act.
| 15 | | (d) If services furnished by health care professionals and | 16 | | health care
providers are
billed at one all-inclusive rate, the | 17 | | total reasonable charges for those
services shall be
reasonably | 18 | | allocated among the health care professionals and health care
| 19 | | providers and
treated as separate liens for purposes of this | 20 | | Act, including the filing of
separate lien
notices. For | 21 | | services provided under an all-inclusive rate, the liens of | 22 | | health
care
professionals and health care providers may be | 23 | | asserted by the entity that
bills the
all-inclusive rate.
| 24 | | (e) Payments under the liens shall be made directly to the | 25 | | health care
professionals and health care providers. For | 26 | | services provided under an
all-inclusive rate,
payments under |
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| 1 | | liens shall be made directly to the entity that bills the
| 2 | | all-inclusive rate.
| 3 | | (Source: P.A. 93-51, eff. 7-1-03.)
| 4 | | (770 ILCS 23/15)
| 5 | | Sec. 15. Notice of judgment or award or dismissal . | 6 | | (a) A judgment, award, settlement, or
compromise secured by | 7 | | or on behalf of an injured person may not be satisfied
without | 8 | | the
injured person or his or her authorized representative | 9 | | first giving notice of
the judgment,
award, settlement, or | 10 | | compromise to the health care professional or health care
| 11 | | provider
that rendered a service in the treatment, care, or | 12 | | maintenance of the injured
person and that has served a lien | 13 | | notice pursuant to subsection (b) of Section
10.
The notice | 14 | | shall be in writing and served upon the lien holder
or, in the | 15 | | case of a lien holder
operated entirely
by a unit of local | 16 | | government, upon the individual
or entity authorized to
receive | 17 | | service
under Section 2-211 of the Code of Civil Procedure. | 18 | | (b) The injured person, or his or her authorized | 19 | | representative, shall provide written notice to a lien holder | 20 | | when a case is dismissed or a judgment is entered against the | 21 | | injured person. The injured person, or his or her | 22 | | representative, shall serve the notice on the lien holder in | 23 | | the same manner as the notice under subsection (a) of this | 24 | | Section.
| 25 | | (Source: P.A. 93-51, eff. 7-1-03.)
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