Full Text of SB1912 98th General Assembly
SB1912sam003 98TH GENERAL ASSEMBLY | Sen. Kwame Raoul Filed: 4/23/2013
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| 1 | | AMENDMENT TO SENATE BILL 1912
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1912, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Code of Civil Procedure is amended by | 6 | | adding Part 23 to Article II as follows: | 7 | | (735 ILCS 5/Art. II Pt. 23 heading new) | 8 | | Part 23. Settlement | 9 | | (735 ILCS 5/2-2301 new) | 10 | | Sec. 2-2301. Settlement of claims; payment. | 11 | | (a) In any civil action involving a claim for money | 12 | | damages, a release must be tendered to the plaintiff by the | 13 | | settling defendant within 14 days of written confirmation of | 14 | | the settlement. | 15 | | (b) In any civil action involving a claim for money damages |
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| 1 | | in which the law requires court approval of a settlement, the | 2 | | plaintiff shall tender to the defendant a copy of the court | 3 | | order approving the settlement. | 4 | | (c) In any civil action involving a claim for money damages | 5 | | in which there is a known third-party right of recovery or | 6 | | subrogation interest (including attorney's liens, healthcare | 7 | | provider liens, or rights of recovery claimed by Medicare, the | 8 | | Centers for Medicare and Medicaid Services, the Illinois | 9 | | Department of Healthcare and Family Services, or private health | 10 | | insurance companies), the plaintiff shall, where applicable, | 11 | | timely tender to the defendant: | 12 | | (1) A signed release of the attorney's lien. | 13 | | (2) Either: | 14 | | (i) a signed release of a healthcare provider lien; | 15 | | or | 16 | | (ii) a letter from the plaintiff's attorney | 17 | | agreeing to hold the full amount of the claimed lien in | 18 | | the plaintiff's attorney's client fund account pending | 19 | | final resolution of the lien amount; or | 20 | | (iii) an offer that the defendant hold the full | 21 | | amount of the claimed right to recovery pending final | 22 | | resolution of the amount of the right of recovery. | 23 | | (3) Either: | 24 | | (i) documentation of the agreement between the | 25 | | plaintiff and Medicare, the Centers for Medicare and | 26 | | Medicaid Services, the Illinois Department of |
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| 1 | | Healthcare and Family Services, or the private health | 2 | | insurance company as to the amount of the settlement | 3 | | that will be accepted in satisfaction of right of | 4 | | recovery; or | 5 | | (ii) a letter from the plaintiff's attorney | 6 | | agreeing to hold the full amount of the claimed right | 7 | | to recovery in the plaintiff's attorney's client fund | 8 | | account pending final resolution of the amount of the | 9 | | right to recovery; or | 10 | | (iii) an offer that the defendant hold the full | 11 | | amount of the claimed right to recovery pending final | 12 | | resolution of the amount of the right of recovery. | 13 | | (d) A settling defendant shall pay all sums due to the | 14 | | plaintiff within 21 days of tender by the plaintiff of all | 15 | | applicable documents in compliance with subsections (a), (b), | 16 | | and (c) of this Section. | 17 | | (e) If, after a hearing, the court having jurisdiction over | 18 | | the parties finds that timely payment has not been made by a | 19 | | defendant pursuant to subsection (d) of this Section, judgment | 20 | | shall be entered against that defendant for the amount set | 21 | | forth in the executed release, plus costs incurred in obtaining | 22 | | the judgment and interest at the rate specified under Section | 23 | | 2-1303 of this Code, calculated from the date of the tender by | 24 | | the plaintiff under subsection (d) of this Section. | 25 | | (f) As used in this Section, "tender" means personal | 26 | | delivery or delivery by a means providing a return receipt. |
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| 1 | | (g) This Section applies to all civil actions involving a | 2 | | claim for money damages, except as otherwise agreed by the | 3 | | parties and for those actions against this State, any State | 4 | | agency, or any State employee or foster parent or other entity | 5 | | or person that is being represented and provided | 6 | | indemnification in accordance with the provisions of the State | 7 | | Employee Indemnification Act.
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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