Public Act 097-1042
 
HB5823 EnrolledLRB097 16924 AJO 62112 b


  
    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 30 and  by adding Section 50 as follows:
 



    (770 ILCS 23/30)



    Sec. 30. Adjudication of rights. On petition filed by the 
injured person
or
the
health care professional or health care 
provider and on the petitioner's
written notice to all

interested adverse parties, the circuit court shall adjudicate 
the rights of
all interested
parties and enforce their liens.

    A petition filed under this Section may be served upon the 
interested adverse parties by personal service, substitute 
service, or registered or certified mail. 
(Source: P.A. 93-51, eff. 7-1-03.)

 
    (770 ILCS 23/50 new)
    Sec. 50. Subrogation claims. If a subrogation claim or 
other right of reimbursement claim that arises out of the 
payment of medical expenses or other benefits exists with 
respect to a claim for personal injury or death, and the 
personal injury or death estate claimant's recovery is 
diminished:
        (1) by comparative fault; or
        (2) by reason of the uncollectibility of the full value 
    of the claim for personal injury or death resulting from 
    limited liability insurance;
the subrogation claim or other right of reimbursement claim 
shall be diminished in the same proportion as the personal 
injury or death estate  claimant's recovery is diminished. 
Unless otherwise agreed by the interested parties, the amount 
of comparative fault and the full value of the claim shall be 
determined by the court having jurisdiction over the matter. 
    After reduction of the subrogation claim or other right of 
reimbursement claim due to either comparative fault or limited 
liability insurance, or both, the party asserting the 
subrogation claim or other right of reimbursement claim shall 
bear a pro rata share of the personal injury or death estate 
claimant's attorneys fees and litigation expenses. This 
Section 50 does not apply to any holder of a lien under the 
Workers' Compensation Act, the Workers' Occupational Diseases 
Act, or this Act including, but not limited to, licensed 
long-term care facilities, physicians, and hospitals, or to 
claims made to recoup uninsured payments pursuant to Section 
143a of the Illinois Insurance Code or underinsured payments 
pursuant to Section 143a-2 of the Illinois Insurance Code. A 
subrogation claim or other right of reimbursement claim may be 
adjudicated even when a lien has not been filed regarding such 
claim.