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90_SB1206
770 ILCS 10/1 from Ch. 82, par. 551
770 ILCS 20/1 from Ch. 82, par. 121
770 ILCS 22/5
770 ILCS 25/2 from Ch. 82, par. 302
770 ILCS 35/1 from Ch. 82, par. 97
770 ILCS 75/2 from Ch. 82, par. 602
770 ILCS 80/1 from Ch. 82, par. 101.1
Amends the Clinical Psychologists Lien Act, the Dentists
Lien Act, the Emergency Medical Services Personnel Lien Act,
the Home Health Agency Lien Act, the Hospital Lien Act, the
Physical Therapist Lien Act, and the Physicians Lien Act.
Provides that the total amount of all liens under those Acts
may not exceed one-third of the sum paid to an injured person
based on a claim or a right of action. Effective June 1,
1998.
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LRB9007264WHmg
1 AN ACT to amend certain Acts in relation to liens.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Clinical Psychologists Lien Act is
5 amended by changing Section 1 as follows:
6 (770 ILCS 10/1) (from Ch. 82, par. 551)
7 Sec. 1. Every licensed clinical psychologist practicing
8 in this State who renders psychological diagnostic or
9 treatment services or treatment services related to the
10 psychological aspects of physical illness to injured persons
11 shall have a lien upon all claims and causes of action for
12 the amount of his reasonable charges up to the date of
13 payment of such damages. However, the total amount of all
14 liens under this Act, the Dentists Lien Act, the Emergency
15 Medical Services Personnel Lien Act, the Home Health Agency
16 Lien Act, the Hospital Lien Act, the Physical Therapist Lien
17 Act, and the Physicians Lien Act shall not exceed 1/3 of the
18 sum paid or due to the injured person based on a claim or
19 right of action. The lien shall also include a written notice
20 containing the name and address of the injured person, the
21 date of the injury, the name and address of the licensed
22 clinical psychologist practicing in this State, and the name
23 of the party alleged to be liable to make compensation to
24 such injured person for the injuries received. Such notice
25 shall be served on both the injured person and the party
26 against whom such claim or right of action exists. Service
27 shall be made by registered or certified mail or in person.
28 (Source: P.A. 86-672.)
29 Section 10. The Dentists Lien Act is amended by changing
30 Section 1 as follows:
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1 (770 ILCS 20/1) (from Ch. 82, par. 121)
2 Sec. 1. Every licensed dentist practicing in this State
3 who renders services by way of treatment to injured persons,
4 except services rendered under the provisions of the Workers'
5 Compensation Act or the Workers' Occupational Diseases Act,
6 shall have a lien upon all claims and causes of action for
7 the amount of his reasonable charges up to the date of
8 payment of such damages.
9 Provided, however, that the total amount of all liens
10 under this Act, the Clinical Psychologists Lien Act, the
11 Emergency Medical Services Personnel Lien Act, the Home
12 Health Agency Lien Act, the Hospital Lien Act, the Physical
13 Therapist Lien Act, and the Physicians Lien Act hereunder
14 shall not exceed 1/3 of the sum paid or due to the injured
15 person on the claim or right of action, and provided further,
16 that the lien shall in addition include a notice in writing
17 containing the name and address of the injured person, the
18 date of the injury, the name and address of the licensed
19 dentist practicing in this State, and the name of the party
20 alleged to be liable to make compensation to such injured
21 person for the injuries received, which notice shall be
22 served on both the injured person and the party against whom
23 such claim or right of action exists.
24 Notwithstanding any other provision of this Act, payment
25 in good faith to any person other than the dentist claiming
26 or asserting such lien prior to the service of such notice of
27 lien shall, to the extent of the payment so made, bar or
28 prevent the creation of an enforceable lien.
29 Service shall be made by registered or certified mail or
30 in person.
31 (Source: P.A. 81-992.)
32 Section 15. The Emergency Medical Services Personnel
33 Lien Act is amended by changing Section 5 as follows:
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1 (770 ILCS 22/5)
2 Sec. 5. Elements of the lien. Every person certified or
3 authorized under the Emergency Medical Services (EMS) Systems
4 Act to provide emergency medical services shall have a lien
5 upon all claims and causes of action for the amount of his or
6 her reasonable charges up to the date of payment of such
7 damages. However, the total amount of all liens under this
8 Act, the Clinical Psychologists Lien Act, the Dentists Lien
9 Act, the Home Health Agency Lien Act, the Hospital Lien Act,
10 the Physical Therapist Lien Act, and the Physicians Lien Act
11 shall not exceed 1/3 of the sum paid or due to the injured
12 person based on a claim or right of action. The lien shall
13 also include a written notice containing the name and address
14 of the injured person, the date of the injury, the name and
15 address of the person certified or authorized under the
16 Emergency Medical Services (EMS) Systems Act to provide
17 emergency medical services, and the name of the party alleged
18 to be liable to make compensation to the injured person for
19 the injuries received. The notice shall be served on both
20 the injured person and the party against whom the claim or
21 right of action exists. Service shall be made by registered
22 or certified mail or in person.
23 (Source: P.A. 87-978.)
24 Section 20. The Home Health Agency Lien Act is amended
25 by changing Section 2 as follows:
26 (770 ILCS 25/2) (from Ch. 82, par. 302)
27 Sec. 2. Every home health agency licensed under the Home
28 Health Agency Licensing Act shall have a lien upon all such
29 claims and causes of action of an injured person for the
30 amount of its reasonable charges up to the date of payment of
31 such damages.
32 However, the total amount of all liens under this Act,
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1 the Clinical Psychologists Lien Act, the Dentists Lien Act,
2 the Emergency Medical Services Personnel Lien Act, the
3 Hospital Lien Act, the Physical Therapist Lien Act, and the
4 Physicians Lien Act hereunder shall not exceed one-third of
5 the sum paid or due to the injured person on the claim or
6 right of action, provided that if the injured person is a
7 minor at the time of the settlement or adjudication the court
8 may reduce the percentage of such awards subject to liens
9 under this Act. The lien shall, in addition, include a notice
10 in writing containing the name and address of the injured
11 person, the date of the injury, the name and address of the
12 home health agency, and the name of the party alleged to be
13 liable to make compensation to such injured person for the
14 injuries received, which notice shall be served on both the
15 injured person and the party against whom such claim or right
16 of action exists.
17 Service shall be made by registered mail or in person.
18 (Source: P.A. 84-508.)
19 Section 25. The Hospital Lien Act is amended by
20 changing Section 1 as follows:
21 (770 ILCS 35/1) (from Ch. 82, par. 97)
22 Sec. 1. Lien created; notice required. Every hospital
23 rendering service in the treatment, care, and maintenance, of
24 an injured person shall have a lien upon all claims and
25 causes of action of the injured person for the amount of its
26 reasonable charges up to the date of payment of damages.
27 No judgment, award, settlement or compromise secured by
28 or on behalf of an injured person shall be satisfied without
29 the injured person or his or her authorized representative
30 first giving the hospital that rendered the service in the
31 treatment, care, and maintenance of the injured person notice
32 of the judgment, award, settlement, or compromise. The
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1 hospital shall have a period of 30 calendar days to perfect
2 and satisfy its lien. The notice shall be in writing and
3 served upon the hospital's registered agent or, in the event
4 of a hospital operated entirely by a unit of local
5 government, upon the individual or entity authorized to
6 receive service pursuant to Section 2-211 of the Code of
7 Civil Procedure.
8 Provided, however, that the total amount of all liens
9 under this Act, the Clinical Psychologists Lien Act, the
10 Dentists Lien Act, the Emergency Medical Services Personnel
11 Lien Act, the Home Health Agency Lien Act, the Physical
12 Therapist Lien Act, and the Physicians Lien Act shall not
13 exceed one-third of the verdict, judgment, award, settlement,
14 or compromise secured by or on behalf of the injured person
15 on his or her claim or right of action, and provided further,
16 that the lien shall in addition include a notice in writing
17 containing the name and address of the injured person, the
18 date of the injury, the name and address of the hospital, and
19 the name of the party alleged to be liable to make
20 compensation to the injured person for the injuries received.
21 The lien notice shall be served on both the injured person
22 and the party against whom such claim or right of action
23 exists.
24 Service shall be made by registered or certified mail or
25 in person.
26 (Source: P.A. 89-280, eff. 1-1-96; 89-404, eff. 8-20-95;
27 89-626, eff. 8-9-96.)
28 Section 30. The Physical Therapist Lien Act is amended
29 by changing Section 2 as follows:
30 (770 ILCS 75/2) (from Ch. 82, par. 602)
31 Sec. 2. Every licensed physical therapist practicing in
32 this State who provides services by way of treatment to
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1 injured persons, except services rendered under the
2 provisions of the Workers' Compensation Act or the Workers'
3 Occupational Diseases Act, shall have a lien upon all claims
4 and causes of action for the amount of his reasonable charges
5 up to the date of payment of such damages. However, the
6 total amount of all liens under this Act, the Clinical
7 Psychologists Lien Act, the Dentists Lien Act, the Emergency
8 Medical Services Personnel Lien Act, the Home Health Agency
9 Lien Act, the Hospital Lien Act, and the Physicians Lien Act
10 shall not exceed 1/3 of the sum paid or due to the injured
11 person based on a claim or right of action. The lien shall
12 also include a written notice containing the name and address
13 of the injured person, the date of the injury, the name and
14 address of the licensed physical therapist practicing in this
15 State, and the name of the party alleged to be liable to make
16 compensation to the injured person for the injuries received.
17 The notice shall be served on both the injured person and the
18 party against whom such claim or right of action exists.
19 Service shall be made by registered or certified mail or in
20 person.
21 (Source: P.A. 87-312.)
22 Section 35. The Physicians Lien Act is amended by
23 changing Section 1 as follows:
24 (770 ILCS 80/1) (from Ch. 82, par. 101.1)
25 Sec. 1. Every licensed physician practicing in this State
26 who renders services by way of treatment to injured persons,
27 except services rendered under the provisions of the Workers'
28 Compensation Act or the Workers' Occupational Diseases Act,
29 shall have a lien upon all claims and causes of action for
30 the amount of his reasonable charges up to the date of
31 payment of such damages.
32 Provided, however, that the total amount of all liens
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1 under this Act, the Clinical Psychologists Lien Act, the
2 Dentists Lien Act, the Emergency Medical Services Personnel
3 Lien Act, the Home Health Agency Lien Act, the Hospital Lien
4 Act, and the Physical Therapist Lien Act hereunder shall not
5 exceed 1/3 of the sum paid or due to the injured person on
6 the claim or right of action, and provided further, that the
7 lien shall in addition include a notice in writing containing
8 the name and address of the injured person, the date of the
9 injury, the name and address of the licensed physician
10 practicing in this State, and the name of the party alleged
11 to be liable to make compensation to such injured person for
12 the injuries received, which notice shall be served on both
13 the injured person and the party against whom such claim or
14 right of action exists.
15 Notwithstanding any other provision of this Act, payment
16 in good faith to any person other than the physician claiming
17 or asserting such lien prior to the service of such notice of
18 lien shall, to the extent of the payment so made, bar or
19 prevent the creation of an enforceable lien.
20 Service shall be made by registered or certified mail or
21 in person.
22 (Source: P.A. 81-992.)
23 Section 99. Effective date. This Act takes effect on
24 June 1, 1998.