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91_HB0232ham001
LRB9100574DJcdam
1 AMENDMENT TO HOUSE BILL 232
2 AMENDMENT NO. . Amend House Bill 232 as follows:
3 by replacing 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. Lien; notice. Every licensed clinical
11 psychologist practicing in this State who renders
12 psychological diagnostic or treatment services or treatment
13 services related to the psychological aspects of physical
14 illness to injured persons shall have a lien upon all claims
15 and causes of action for the amount of his reasonable charges
16 up to the date of payment of such damages. However, the
17 total amount of all liens under this Act shall not exceed 1/3
18 of the sum paid or due to the injured person based on a claim
19 or right of action. The lien shall also include a written
20 notice containing the name and address of the injured person,
21 the date of the injury, the name and address of the licensed
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1 clinical psychologist practicing in this State, and the name
2 of the party alleged to be liable to make compensation to
3 such injured person for the injuries received. Such notice
4 shall be served on both the injured person and the party
5 against whom such claim or right of action exists. Service
6 shall be made by registered or certified mail or in person.
7 (Source: P.A. 86-672.)
8 Section 10. The Dentists Lien Act is amended by
9 changing Section 1 as follows:
10 (770 ILCS 20/1) (from Ch. 82, par. 121)
11 Sec. 1. Lien; notice. Every licensed dentist practicing
12 in this State who renders services by way of treatment to
13 injured persons, except services rendered under the
14 provisions of the Workers' Compensation Act or the Workers'
15 Occupational Diseases Act, shall have a lien upon all claims
16 and causes of action for the amount of his reasonable charges
17 up to the date of payment of such damages.
18 Provided, however, that the total amount of all liens
19 hereunder shall not exceed 1/3 of the sum paid or due to the
20 injured person on the claim or right of action, and provided
21 further, that the lien shall in addition include a notice in
22 writing containing the name and address of the injured
23 person, the date of the injury, the name and address of the
24 licensed dentist practicing in this State, and the name of
25 the party alleged to be liable to make compensation to such
26 injured person for the injuries received, which notice shall
27 be served on both the injured person and the party against
28 whom such claim or right of action exists.
29 Notwithstanding any other provision of this Act, payment
30 in good faith to any person other than the dentist claiming
31 or asserting such lien prior to the service of such notice of
32 lien shall, to the extent of the payment so made, bar or
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1 prevent the creation of an enforceable lien.
2 Service shall be made by registered or certified mail or
3 in person.
4 (Source: P.A. 81-992.)
5 Section 15. The Emergency Medical Services Personnel
6 Lien Act is amended by changing Section 5 as follows:
7 (770 ILCS 22/5)
8 Sec. 5. Elements of the Lien; notice. Every person
9 certified or authorized under the Emergency Medical Services
10 (EMS) Systems Act to provide emergency medical services shall
11 have a lien upon all claims and causes of action for the
12 amount of his or her reasonable charges up to the date of
13 payment of such damages. However, the total amount of all
14 liens under this Act shall not exceed 1/3 of the sum paid or
15 due to the injured person based on a claim or right of
16 action. The lien shall also include a written notice
17 containing the name and address of the injured person, the
18 date of the injury, the name and address of the person
19 certified or authorized under the Emergency Medical Services
20 (EMS) Systems Act to provide emergency medical services, and
21 the name of the party alleged to be liable to make
22 compensation to the injured person for the injuries received.
23 The notice shall be served on both the injured person and the
24 party against whom the claim or right of action exists.
25 Service shall be made by registered or certified mail or in
26 person.
27 (Source: P.A. 87-978.)
28 Section 20. The Home Health Agency Lien Act is amended
29 by changing Section 2 as follows:
30 (770 ILCS 25/2) (from Ch. 82, par. 302)
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1 Sec. 2. Lien; notice. Every home health agency licensed
2 under the Home Health Agency Licensing Act shall have a lien
3 upon all such claims and causes of action of an injured
4 person for the amount of its reasonable charges up to the
5 date of payment of such damages.
6 However, the total amount of all liens hereunder shall
7 not exceed one-third of the sum paid or due to the injured
8 person on the claim or right of action, provided that if the
9 injured person is a minor at the time of the settlement or
10 adjudication the court may reduce the percentage of such
11 awards subject to liens under this Act. The lien shall, in
12 addition, include a notice in writing containing the name and
13 address of the injured person, the date of the injury, the
14 name and address of the home health agency, and the name of
15 the party alleged to be liable to make compensation to such
16 injured person for the injuries received, which notice shall
17 be served on both the injured person and the party against
18 whom such claim or right of action exists.
19 Service shall be made by registered mail or in person.
20 (Source: P.A. 84-508.)
21 Section 25. The Hospital Lien Act is amended by changing
22 Section 1 as follows:
23 (770 ILCS 35/1) (from Ch. 82, par. 97)
24 (Text of Section WITHOUT the changes made by P.A. 89-404,
25 which has been held unconstitutional)
26 Sec. 1. Lien created; notice required. Every hospital
27 rendering service in the treatment, care and maintenance, of
28 such injured person shall have a lien upon all such claims
29 and causes of action for the amount of its reasonable charges
30 at ward rates in such hospital up to the date of payment of
31 such damages.
32 Provided, however, that the total amount of all liens
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1 hereunder shall not exceed one-third of the sum paid or due
2 to said injured person on said claim or right of action, and
3 provided further, that said lien shall in addition include a
4 notice in writing containing the name and address of the
5 injured person, the date of the injury, the name and address
6 of the hospital, and the name of the party alleged to be
7 liable to make compensation to such injured person for the
8 injuries received, shall be served on both the injured person
9 and the party against whom such claim or right of action
10 exists.
11 Service shall be made by registered mail or in person.
12 (Source: P.A. 89-280, eff. 1-1-96; parts of 89-626, eff.
13 8-9-96, not derived from 89-404.)
14 Section 30. The Physical Therapist Lien Act is amended
15 by changing Section 2 as follows:
16 (770 ILCS 75/2) (from Ch. 82, par. 602)
17 Sec. 2. Lien; notice. Every licensed physical therapist
18 practicing in this State who provides services by way of
19 treatment to injured persons, except services rendered under
20 the provisions of the Workers' Compensation Act or the
21 Workers' Occupational Diseases Act, shall have a lien upon
22 all claims and causes of action for the amount of his
23 reasonable charges up to the date of payment of such damages.
24 However, the total amount of all liens under this Act shall
25 not exceed 1/3 of the sum paid or due to the injured person
26 based on a claim or right of action. The lien shall also
27 include a written notice containing the name and address of
28 the injured person, the date of the injury, the name and
29 address of the licensed physical therapist practicing in this
30 State, and the name of the party alleged to be liable to make
31 compensation to the injured person for the injuries received.
32 The notice shall be served on both the injured person and the
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1 party against whom such claim or right of action exists.
2 Service shall be made by registered or certified mail or in
3 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. Lien; notice. Every licensed physician
9 practicing in this State who renders services by way of
10 treatment to injured persons, except services rendered under
11 the provisions of the Workers' Compensation Act or the
12 Workers' Occupational Diseases Act, shall have a lien upon
13 all claims and causes of action for the amount of his
14 reasonable charges up to the date of payment of such damages.
15 Provided, however, that the total amount of all liens
16 hereunder shall not exceed 1/3 of the sum paid or due to the
17 injured person on the claim or right of action, and provided
18 further, that the lien shall in addition include a notice in
19 writing containing the name and address of the injured
20 person, the date of the injury, the name and address of the
21 licensed physician practicing in this State, and the name of
22 the party alleged to be liable to make compensation to such
23 injured person for the injuries received, which notice shall
24 be served on both the injured person and the party against
25 whom such claim or right of action exists.
26 Notwithstanding any other provision of this Act, payment
27 in good faith to any person other than the physician claiming
28 or asserting such lien prior to the service of such notice of
29 lien shall, to the extent of the payment so made, bar or
30 prevent the creation of an enforceable lien.
31 Service shall be made by registered or certified mail or
32 in person.
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1 (Source: P.A. 81-992.)".