Bill Text: IL HB3153 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure. Provides, with regard to a reduction in the amount of recovery from a judgment, additional reductions in an amount equal to the sum of (i) 100% of the amount of the benefits that is in excess of the amount which has been paid, not the amount billed (as shown through evidence that proves that the injured person's bill was paid in full by an amount that is less than the stated charge) by the injured person or third party and (ii) 100% of the amount of the medical benefits that is in excess of the amount which was paid by a governmental or charitable entity and for which the health provider has released the injured party from all claims shall be deducted from any judgment in an action based on an allegation of negligence or other wrongful act on the part of a licensed hospital or physician, provided that specified procedures are followed.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB3153 Detail]

Download: Illinois-2011-HB3153-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB3153 Introduced , by Rep. Dwight Kay SYNOPSIS AS INTRODUCED:
735 ILCS 5/2-1205 from Ch. 110, par. 2-1205
Amends the Code of Civil Procedure. Provides, with regard to a reduction in the amount of recovery from a judgment, additional reductions in an amount equal to the sum of (i) 100% of the amount of the benefits that is in excess of the amount which has been paid, not the amount billed (as shown through evidence that proves that the injured person's bill was paid in full by an amount that is less than the stated charge) by the injured person or third party and (ii) 100% of the amount of the medical benefits that is in excess of the amount which was paid by a governmental or charitable entity and for which the health provider has released the injured party from all claims shall be deducted from any judgment in an action based on an allegation of negligence or other wrongful act on the part of a licensed hospital or physician, provided that specified procedures are followed.
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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 Code of Civil Procedure is amended by
changing Section 2-1205 as follows:
(735 ILCS 5/2-1205) (from Ch. 110, par. 2-1205)
Sec. 2-1205. Reduction in amount of recovery. An amount
equal to the sum of (i) 50% of the benefits provided for lost
wages or private or governmental disability income programs,
which have been paid, or which have become payable to the
injured person by any other person, corporation, insurance
company or fund in relation to a particular injury, and (ii)
100% of the benefits provided for medical charges, hospital
charges, or nursing or caretaking charges, which have been
paid, or which have become payable to the injured person by any
other person, corporation, insurance company or fund in
relation to a particular injury, (iii) 100% of the amount of
the benefits provided for medical charges, hospital charges, or
nursing or caretaking charges that is in excess of the amount
which has been paid, not the amount billed (as shown by
evidence that proves that the injured person's bill was paid in
full by an amount that is less than the stated charge) by the
injured person or by any other person, corporation, insurance

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company or fund in relation to a particular injury, and (iv)
100% of the amount of the benefits provided for medical
charges, hospital charges, or nursing or caretaking charges
that is in excess of the amount which has been paid by a
governmental or charitable entity and as to which the health
provider has released the injured party from all claims, as a
result of the payment, shall be deducted from any judgment in
an action to recover for that injury based on an allegation of
negligence or other wrongful act, not including intentional
torts, on the part of a licensed hospital or physician;
provided, however, that:
(1) Application is made within 30 days to reduce the
judgment;
(2) Such reduction shall not apply to the extent that there
is a right of recoupment through subrogation, trust agreement,
lien, or otherwise;
(3) The reduction shall not reduce the judgment by more
than 50% of the total amount of the judgment entered on the
verdict;
(4) The damages awarded shall be increased by the amount of
any insurance premiums or the direct costs paid by the
plaintiff for such benefits in the 2 years prior to plaintiff's
injury or death or to be paid by the plaintiff in the future
for such benefits; and
(5) There shall be no reduction for charges paid for
medical expenses which were directly attributable to the

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adjudged negligent acts or omissions of the defendants found
liable.
(Source: P.A. 84-7.)