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91_SB0255
LRB9102147DJdv
1 AN ACT to amend the Hospital Lien Act by changing
2 Sections 1, 2, and 5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Hospital Lien Act is amended by changing
6 Sections 1, 2, and 5 as follows:
7 (770 ILCS 35/1) (from Ch. 82, par. 97)
8 (Text of Section WITHOUT the changes made by P.A. 89-404,
9 which has been held unconstitutional)
10 Sec. 1. Lien created; notice required. Every hospital
11 rendering service in the treatment, care, and maintenance, of
12 an such injured person shall have a lien upon all such claims
13 and causes of action of the injured person for the amount of
14 its reasonable charges at ward rates in such hospital up to
15 the date of payment of such damages.
16 No judgment, award, settlement or compromise secured by
17 or on behalf of an injured person shall be satisfied without
18 the injured person or his or her authorized representative
19 first giving the hospital that rendered the service in the
20 treatment, care, and maintenance of the injured person notice
21 of the judgment, award, settlement, or compromise. The
22 hospital shall have a period of 30 calendar days to perfect
23 and satisfy its lien. The notice shall be in writing and
24 served upon the hospital's registered agent or, in the event
25 of a hospital operated entirely by a unit of local
26 government, upon the individual or entity authorized to
27 receive service pursuant to Section 2-211 of the Code of
28 Civil Procedure.
29 Provided, however, that the total amount of all liens
30 under this Act hereunder shall not exceed one-third of the
31 verdict, judgment, award, settlement, or compromise secured
-2- LRB9102147DJdv
1 by or on behalf of the injured person sum paid or due to said
2 injured person on his or her said claim or right of action,
3 and provided further, that the said lien shall in addition
4 include a notice in writing containing the name and address
5 of the injured person, the date of the injury, the name and
6 address of the hospital, and the name of the party alleged to
7 be liable to make compensation to the such injured person for
8 the injuries received. The lien notice, shall be served on
9 both the injured person and the party against whom such claim
10 or right of action exists.
11 Service shall be made by registered or certified mail or
12 in person.
13 (Source: P.A. 89-280, eff. 1-1-96; parts of 89-626, eff.
14 8-9-96, not derived from 89-404.)
15 (770 ILCS 35/2) (from Ch. 82, par. 98)
16 (Text of Section WITHOUT the changes made by P.A. 89-404,
17 which has been held unconstitutional)
18 Sec. 2. The lien of the such hospital shall, from and
19 after the time of service of the lien above stated notice,
20 attach to any verdict, or judgment, award, settlement, or
21 compromise secured by or on behalf of the injured person. If
22 the verdict, judgment, award, settlement, or compromise is to
23 be paid over time by means of an annuity or otherwise, any
24 lien under this Act shall be satisfied by the party obligated
25 to compensate the injured person to the fullest extent
26 permitted by Section 1 prior to the establishment of the
27 annuity or other extended payment mechanism secured in any
28 action by the injured party based on the negligent or
29 wrongful act, and to any money or property which may be
30 recovered by compromise settlement, or in any action brought
31 by such injured person on account of such claim or right of
32 action. In case of death of the injured person, the lien
33 shall attach to any money or property which may be recovered
-3- LRB9102147DJdv
1 by compromise settlement or action on account of injuries not
2 resulting in the death of the injured person, or to any
3 verdict or judgment in any action brought by the estate of
4 the injured person against any other person for the recovery
5 of damages on account of injuries not resulting in the death
6 of the injured person.
7 (Source: P.A. 89-280, eff. 1-1-96.)
8 (770 ILCS 35/5) (from Ch. 82, par. 101)
9 (Text of Section WITHOUT the changes made by P.A. 89-404,
10 which has been held unconstitutional)
11 Sec. 5. On petition filed by the injured person or the
12 hospital, the circuit court shall, on written notice to all
13 interested adverse parties, adjudicate the rights of all
14 interested parties and enforce their liens.: Provided, that
15 Nothing in this Act herein contained shall affect the
16 priority of any attorney's lien under the Attorneys Lien Act
17 "An Act creating attorney's lien and for enforcement of
18 same", filed June 16, 1909, as amended.
19 (Source: P.A. 89-280, eff. 1-1-96.)