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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
90_SB1544ham001
LRB9009367WHmgam03
1 AMENDMENT TO SENATE BILL 1544
2 AMENDMENT NO. . Amend Senate Bill 1544 by replacing
3 the title with the following:
4 "AN ACT to amend certain Acts in relation to liens."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Clinical Psychologists Lien Act is
8 amended by changing Section 1 as follows:
9 (770 ILCS 10/1) (from Ch. 82, par. 551)
10 Sec. 1. Every licensed clinical psychologist practicing
11 in this State who renders psychological diagnostic or
12 treatment services or treatment services related to the
13 psychological aspects of physical illness to injured persons
14 shall have a lien upon all claims and causes of action for
15 the amount of his reasonable charges up to the date of
16 payment of such damages. However, the total amount of all
17 liens under this Act, the Dentists Lien Act, the Emergency
18 Medical Services Personnel Lien Act, the Home Health Agency
19 Lien Act, the Hospital Lien Act, the Physical Therapist Lien
20 Act, the Physicians Lien Act, and subrogation claims shall
21 not exceed 1/3 of the sum paid or due to the injured person
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1 based on a claim or right of action. The lien shall also
2 include a written notice containing the name and address of
3 the injured person, the date of the injury, the name and
4 address of the licensed clinical psychologist practicing in
5 this State, and the name of the party alleged to be liable to
6 make compensation to such injured person for the injuries
7 received. Such notice shall be served on both the injured
8 person and the party against whom such claim or right of
9 action exists. Service shall be made by registered or
10 certified mail or in person.
11 (Source: P.A. 86-672.)
12 Section 10. The Dentists Lien Act is amended by changing
13 Section 1 as follows:
14 (770 ILCS 20/1) (from Ch. 82, par. 121)
15 Sec. 1. Every licensed dentist practicing in this State
16 who renders services by way of treatment to injured persons,
17 except services rendered under the provisions of the Workers'
18 Compensation Act or the Workers' Occupational Diseases Act,
19 shall have a lien upon all claims and causes of action for
20 the amount of his reasonable charges up to the date of
21 payment of such damages.
22 Provided, however, that the total amount of all liens
23 under this Act, the Clinical Psychologists Lien Act, the
24 Emergency Medical Services Personnel Lien Act, the Home
25 Health Agency Lien Act, the Hospital Lien Act, the Physical
26 Therapist Lien Act, the Physicians Lien Act, and subrogation
27 claims hereunder shall not exceed 1/3 of the sum paid or due
28 to the injured person on the claim or right of action, and
29 provided further, that the lien shall in addition include a
30 notice in writing containing the name and address of the
31 injured person, the date of the injury, the name and address
32 of the licensed dentist practicing in this State, and the
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1 name of the party alleged to be liable to make compensation
2 to such injured person for the injuries received, which
3 notice shall be served on both the injured person and the
4 party against whom such claim or right of action exists.
5 Notwithstanding any other provision of this Act, payment
6 in good faith to any person other than the dentist claiming
7 or asserting such lien prior to the service of such notice of
8 lien shall, to the extent of the payment so made, bar or
9 prevent the creation of an enforceable lien.
10 Service shall be made by registered or certified mail or
11 in person.
12 (Source: P.A. 81-992.)
13 Section 15. The Emergency Medical Services Personnel
14 Lien Act is amended by changing Section 5 as follows:
15 (770 ILCS 22/5)
16 Sec. 5. Elements of the lien. Every person certified or
17 authorized under the Emergency Medical Services (EMS) Systems
18 Act to provide emergency medical services shall have a lien
19 upon all claims and causes of action for the amount of his or
20 her reasonable charges up to the date of payment of such
21 damages. However, the total amount of all liens under this
22 Act, the Clinical Psychologists Lien Act, the Dentists Lien
23 Act, the Home Health Agency Lien Act, the Hospital Lien Act,
24 the Physical Therapist Lien Act, the Physicians Lien Act, and
25 subrogation claims shall not exceed 1/3 of the sum paid or
26 due to the injured person based on a claim or right of
27 action. The lien shall also include a written notice
28 containing the name and address of the injured person, the
29 date of the injury, the name and address of the person
30 certified or authorized under the Emergency Medical Services
31 (EMS) Systems Act to provide emergency medical services, and
32 the name of the party alleged to be liable to make
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1 compensation to the injured person for the injuries received.
2 The notice shall be served on both the injured person and the
3 party against whom the claim or right of action exists.
4 Service shall be made by registered or certified mail or in
5 person.
6 (Source: P.A. 87-978.)
7 Section 20. The Home Health Agency Lien Act is amended
8 by changing Section 2 as follows:
9 (770 ILCS 25/2) (from Ch. 82, par. 302)
10 Sec. 2. Every home health agency licensed under the Home
11 Health Agency Licensing Act shall have a lien upon all such
12 claims and causes of action of an injured person for the
13 amount of its reasonable charges up to the date of payment of
14 such damages.
15 However, the total amount of all liens under this Act,
16 the Clinical Psychologists Lien Act, the Dentists Lien Act,
17 the Emergency Medical Services Personnel Lien Act, the
18 Hospital Lien Act, the Physical Therapist Lien Act, the
19 Physicians Lien Act, and subrogation claims hereunder shall
20 not exceed one-third of the sum paid or due to the injured
21 person on the claim or right of action, provided that if the
22 injured person is a minor at the time of the settlement or
23 adjudication the court may reduce the percentage of such
24 awards subject to liens under this Act. The lien shall, in
25 addition, include a notice in writing containing the name and
26 address of the injured person, the date of the injury, the
27 name and address of the home health agency, and the name of
28 the party alleged to be liable to make compensation to such
29 injured person for the injuries received, which notice shall
30 be served on both the injured person and the party against
31 whom such claim or right of action exists.
32 Service shall be made by registered mail or in person.
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1 (Source: P.A. 84-508.)
2 Section 25. The Hospital Lien Act is amended by
3 changing Section 1 as follows:
4 (770 ILCS 35/1) (from Ch. 82, par. 97)
5 Sec. 1. Lien created; notice required. Every hospital
6 rendering service in the treatment, care, and maintenance, of
7 an injured person shall have a lien upon all claims and
8 causes of action of the injured person for the amount of its
9 reasonable charges up to the date of payment of damages.
10 No judgment, award, settlement or compromise secured by
11 or on behalf of an injured person shall be satisfied without
12 the injured person or his or her authorized representative
13 first giving the hospital that rendered the service in the
14 treatment, care, and maintenance of the injured person notice
15 of the judgment, award, settlement, or compromise. The
16 hospital shall have a period of 30 calendar days to perfect
17 and satisfy its lien. The notice shall be in writing and
18 served upon the hospital's registered agent or, in the event
19 of a hospital operated entirely by a unit of local
20 government, upon the individual or entity authorized to
21 receive service pursuant to Section 2-211 of the Code of
22 Civil Procedure.
23 Provided, however, that the total amount of all liens
24 under this Act, the Clinical Psychologists Lien Act, the
25 Dentists Lien Act, the Emergency Medical Services Personnel
26 Lien Act, the Home Health Agency Lien Act, the Physical
27 Therapist Lien Act, the Physicians Lien Act, and subrogation
28 claims shall not exceed one-third of the verdict, judgment,
29 award, settlement, or compromise secured by or on behalf of
30 the injured person on his or her claim or right of action,
31 and provided further, that the lien shall in addition include
32 a notice in writing containing the name and address of the
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1 injured person, the date of the injury, the name and address
2 of the hospital, and the name of the party alleged to be
3 liable to make compensation to the injured person for the
4 injuries received. The lien notice shall be served on both
5 the injured person and the party against whom such claim or
6 right of action exists.
7 Service shall be made by registered or certified mail or
8 in person.
9 (Source: P.A. 89-280, eff. 1-1-96; 89-404, eff. 8-20-95;
10 89-626, eff. 8-9-96.)
11 Section 30. The Physical Therapist Lien Act is amended
12 by changing Section 2 as follows:
13 (770 ILCS 75/2) (from Ch. 82, par. 602)
14 Sec. 2. Every licensed physical therapist practicing in
15 this State who provides services by way of treatment to
16 injured persons, except services rendered under the
17 provisions of the Workers' Compensation Act or the Workers'
18 Occupational Diseases Act, shall have a lien upon all claims
19 and causes of action for the amount of his reasonable charges
20 up to the date of payment of such damages. However, the
21 total amount of all liens under this Act, the Clinical
22 Psychologists Lien Act, the Dentists Lien Act, the Emergency
23 Medical Services Personnel Lien Act, the Home Health Agency
24 Lien Act, the Hospital Lien Act, the Physicians Lien Act, and
25 subrogation claims shall not exceed 1/3 of the sum paid or
26 due to the injured person based on a claim or right of
27 action. The lien shall also include a written notice
28 containing the name and address of the injured person, the
29 date of the injury, the name and address of the licensed
30 physical therapist practicing in this State, and the name of
31 the party alleged to be liable to make compensation to the
32 injured person for the injuries received. The notice shall
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1 be served on both the injured person and the party against
2 whom such claim or right of action exists. Service shall be
3 made by registered or certified mail or in person.
4 (Source: P.A. 87-312.)
5 Section 35. The Physicians Lien Act is amended by
6 changing Section 1 as follows:
7 (770 ILCS 80/1) (from Ch. 82, par. 101.1)
8 Sec. 1. Every licensed physician practicing in this State
9 who renders services by way of treatment to injured persons,
10 except services rendered under the provisions of the Workers'
11 Compensation Act or the Workers' Occupational Diseases Act,
12 shall have a lien upon all claims and causes of action for
13 the amount of his reasonable charges up to the date of
14 payment of such damages.
15 Provided, however, that the total amount of all liens
16 under this Act, the Clinical Psychologists Lien Act, the
17 Dentists Lien Act, the Emergency Medical Services Personnel
18 Lien Act, the Home Health Agency Lien Act, the Hospital Lien
19 Act, the Physical Therapist Lien Act, and subrogation claims
20 hereunder shall not exceed 1/3 of the sum paid or due to the
21 injured person on the claim or right of action, and provided
22 further, that the lien shall in addition include a notice in
23 writing containing the name and address of the injured
24 person, the date of the injury, the name and address of the
25 licensed physician practicing in this State, and the name of
26 the party alleged to be liable to make compensation to such
27 injured person for the injuries received, which notice shall
28 be served on both the injured person and the party against
29 whom such claim or right of action exists.
30 Notwithstanding any other provision of this Act, payment
31 in good faith to any person other than the physician claiming
32 or asserting such lien prior to the service of such notice of
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1 lien shall, to the extent of the payment so made, bar or
2 prevent the creation of an enforceable lien.
3 Service shall be made by registered or certified mail or
4 in person.
5 (Source: P.A. 81-992.)
6 Section 99. Effective date. This Act takes effect on
7 June 1, 1998.".