Bill Text: IL HB0997 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Health Care Services Lien Act. Makes a technical change in a Section concerning the creation and limitation of liens.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB0997 Detail]

Download: Illinois-2011-HB0997-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB0997 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
770 ILCS 23/10
Amends the Health Care Services Lien Act. Makes a technical change in a Section concerning the creation and limitation of liens.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Health Care Services Lien Act is amended by
changing Section 10 as follows:
(770 ILCS 23/10)
Sec. 10. Lien created; limitation.
(a) Every health care professional and and health care
provider that renders any service in the treatment, care, or
maintenance of an injured person, except services rendered
under the provisions of the Workers' Compensation Act or the
Workers' Occupational Diseases Act, shall have a lien upon all
claims and causes of action of the injured person for the
amount of the health care professional's or health care
provider's reasonable charges up to the date of payment of
damages to the injured person. The total amount of all liens
under this Act, however, shall not exceed 40% of the verdict,
judgment, award, settlement, or compromise secured by or on
behalf of the injured person on his or her claim or right of
action.
(b) The lien shall include a written notice containing the
name and address of the injured person, the date of the injury,
the name and address of the health care professional or health

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care provider, and the name of the party alleged to be liable
to make compensation to the injured person for the injuries
received. The lien notice shall be served on both the injured
person and the party against whom the claim or right of action
exists. Notwithstanding any other provision of this Act,
payment in good faith to any person other than the healthcare
professional or healthcare provider claiming or asserting such
lien prior to the service of such notice of lien shall, to the
extent of the payment so made, bar or prevent the creation of
an enforceable lien. Service shall be made by registered or
certified mail or in person.
(c) All health care professionals and health care providers
holding liens under this Act with respect to a particular
injured person shall share proportionate amounts within the
statutory limitation set forth in subsection (a). The statutory
limitations under this Section may be waived or otherwise
reduced only by the lienholder. No individual licensed category
of health care professional (such as physicians) or health care
provider (such as hospitals) as set forth in Section 5,
however, may receive more than one-third of the verdict,
judgment, award, settlement, or compromise secured by or on
behalf of the injured person on his or her claim or right of
action. If the total amount of all liens under this Act meets
or exceeds 40% of the verdict, judgment, award, settlement, or
compromise, then:
(1) all the liens of health care professionals shall

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not exceed 20% of the verdict, judgment, award, settlement,
or compromise; and
(2) all the liens of health care providers shall not
exceed 20% of the verdict, judgment, award, settlement, or
compromise;
provided, however, that health care services liens shall be
satisfied to the extent possible for all health care
professionals and health care providers by reallocating the
amount unused within the aggregate total limitation of 40% for
all health care services liens under this Act; and provided
further that the amounts of liens under paragraphs (1) and (2)
are subject to the one-third limitation under this subsection.
If the total amount of all liens under this Act meets or
exceeds 40% of the verdict, judgment, award, settlement, or
compromise, the total amount of all the liens of attorneys
under the Attorneys Lien Act shall not exceed 30% of the
verdict, judgment, award, settlement, or compromise. If an
appeal is taken by any party to a suit based on the claim or
cause of action, however, the attorney's lien shall not be
affected or limited by the provisions of this Act.
(d) If services furnished by health care professionals and
health care providers are billed at one all-inclusive rate, the
total reasonable charges for those services shall be reasonably
allocated among the health care professionals and health care
providers and treated as separate liens for purposes of this
Act, including the filing of separate lien notices. For

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services provided under an all-inclusive rate, the liens of
health care professionals and health care providers may be
asserted by the entity that bills the all-inclusive rate.
(e) Payments under the liens shall be made directly to the
health care professionals and health care providers. For
services provided under an all-inclusive rate, payments under
liens shall be made directly to the entity that bills the
all-inclusive rate.
(Source: P.A. 93-51, eff. 7-1-03.)