Full Text of SB1912 98th General Assembly
SB1912eng 98TH GENERAL ASSEMBLY |
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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 Code of Civil Procedure is amended by adding | 5 | | Part 23 to Article II as follows: | 6 | | (735 ILCS 5/Art. II Pt. 23 heading new) | 7 | | Part 23. Settlement | 8 | | (735 ILCS 5/2-2301 new) | 9 | | Sec. 2-2301. Settlement of claims; payment. | 10 | | (a) In a personal injury, property damage, wrongful death, | 11 | | or tort action involving a claim for money damages, a release | 12 | | must be tendered to the plaintiff by the settling defendant | 13 | | within 14 days of written confirmation of the settlement. | 14 | | (b) In a personal injury, property damage, wrongful death, | 15 | | or tort action involving a claim for money damages in which the | 16 | | law requires court approval of a settlement, the plaintiff | 17 | | shall tender to the defendant a copy of the court order | 18 | | approving the settlement. | 19 | | (c) In a personal injury, property damage, wrongful death, | 20 | | or tort action involving a claim for money damages in which | 21 | | there is a known third-party right of recovery or subrogation | 22 | | interest (including attorney's liens, healthcare provider |
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| 1 | | liens, or rights of recovery claimed by Medicare, the Centers | 2 | | for Medicare and Medicaid Services, the Illinois Department of | 3 | | Healthcare and Family Services, or private health insurance | 4 | | companies), the plaintiff may protect the third-party's right | 5 | | of recovery or subrogation interest, where applicable, by | 6 | | tendering to the defendant: | 7 | | (1) A signed release of the attorney's lien. | 8 | | (2) Either: | 9 | | (i) a signed release of a healthcare provider lien; | 10 | | or | 11 | | (ii) a letter from the plaintiff's attorney | 12 | | agreeing to hold the full amount of the claimed lien in | 13 | | the plaintiff's attorney's client fund account pending | 14 | | final resolution of the lien amount; or | 15 | | (iii) an offer that the defendant hold the full | 16 | | amount of the claimed right to recovery pending final | 17 | | resolution of the amount of the right of recovery. | 18 | | (3) Either: | 19 | | (i) documentation of the agreement between the | 20 | | plaintiff and Medicare, the Centers for Medicare and | 21 | | Medicaid Services, the Illinois Department of | 22 | | Healthcare and Family Services, or the private health | 23 | | insurance company as to the amount of the settlement | 24 | | that will be accepted in satisfaction of right of | 25 | | recovery; or | 26 | | (ii) a letter from the plaintiff's attorney |
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| 1 | | agreeing to hold the full amount of the claimed right | 2 | | to recovery in the plaintiff's attorney's client fund | 3 | | account pending final resolution of the amount of the | 4 | | right to recovery; or | 5 | | (iii) an offer that the defendant hold the full | 6 | | amount of the claimed right to recovery pending final | 7 | | resolution of the amount of the right of recovery. | 8 | | (d) A settling defendant shall pay all sums due to the | 9 | | plaintiff within 21 days of tender by the plaintiff of all | 10 | | applicable documents in compliance with subsections (a), (b), | 11 | | and (c) of this Section. | 12 | | (e) If, after a hearing, the court having jurisdiction over | 13 | | the parties finds that timely payment has not been made by a | 14 | | defendant pursuant to subsection (d) of this Section, judgment | 15 | | shall be entered against that defendant for the amount set | 16 | | forth in the executed release, plus costs incurred in obtaining | 17 | | the judgment and interest at the rate specified under Section | 18 | | 2-1303 of this Code, calculated from the date of the tender by | 19 | | the plaintiff under subsection (d) of this Section. | 20 | | (f) As used in this Section, "tender" means personal | 21 | | delivery or delivery by a means providing a return receipt. | 22 | | (g) This Section applies to all personal injury, property | 23 | | damage, wrongful death, and tort actions involving a claim for | 24 | | money damages, except as otherwise agreed by the parties and | 25 | | for those actions against this State, any State agency, or any | 26 | | State employee or foster parent or other entity or person that |
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| 1 | | is being represented and provided indemnification in | 2 | | accordance with the provisions of the State Employee | 3 | | Indemnification Act. This Section does not apply to units of | 4 | | local government. | 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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