96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1092


 
Introduced 2/6/2009, by Sen. John J. Cullerton
 
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









 











SB1092

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    AN ACT concerning civil law.

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 

 
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    Section 5. The Health Care Services Lien Act is amended by 
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changing Section 10 as follows:
 



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    (770 ILCS 23/10)



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    Sec. 10. Lien created; limitation. 

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    (a) Every health care professional and
and health care 
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provider that renders any
service
in the treatment, care, or 
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maintenance of an injured person, except services
rendered 
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under the provisions of the Workers' Compensation Act or the 
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Workers'
Occupational Diseases Act, shall have a lien
upon all

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claims and causes of action of the injured person for the 
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amount of the health
care
professional's or health care 
15
provider's reasonable charges up to the date of
payment of

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damages to the injured person. The total amount of all liens 
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under this Act,
however, shall
not exceed 40% of the verdict, 
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judgment, award, settlement, or
compromise secured
by or on 
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behalf of the injured person on his or her claim or right of 
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action.
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    (b) The lien shall include a written notice containing the 
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name and
address of
the injured person, the date of the injury, 
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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 
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to
make compensation to the injured person for the injuries 
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received. The lien
notice shall
be served on both the injured 
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person and the party against whom the claim or
right of
action 
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exists.
Notwithstanding any other provision of this Act, 
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payment in good faith to any
person other than the healthcare 
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professional or healthcare provider claiming
or asserting such 
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lien prior to the service of such notice of lien shall, to
the 
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extent of the payment so made, bar or prevent the creation of 
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an
enforceable lien.
Service shall be made by registered or 
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certified mail or in person.

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    (c) All health care professionals and health care providers 
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holding liens
under this
Act with respect to a particular 
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injured person shall share proportionate
amounts within
the 
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statutory limitation set forth in subsection (a).
The statutory 
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limitations under this Section may be waived or otherwise 
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reduced
only by the lienholder.
No individual licensed
category 
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of
health care professional (such as physicians) or health care 
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provider (such as
hospitals) as set forth in Section 5,

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however, may receive more
than one-third of the verdict, 
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judgment, award, settlement, or compromise
secured by or
on 
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behalf
of the injured person on his or her claim or right of 
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action.
If the total amount of all liens under this Act meets 
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or exceeds 40% of the
verdict, judgment, award,
settlement, or 
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compromise, then:


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        (1) all the liens of health care professionals shall 
 


 






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    not exceed 20% of
the verdict, judgment, award, settlement, 
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    or compromise; and


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        (2) all the liens of health care providers shall not 
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    exceed 20% of the
verdict, judgment, award, settlement, or 
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    compromise;

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provided, however, that health care services liens shall be 
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satisfied to the
extent
possible for all health care 
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professionals and health care providers by
reallocating the

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amount
unused within the aggregate total limitation of 40% for 
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all health care
services liens
under
this Act; and provided 
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further that the amounts of liens under paragraphs (1)
and (2) 
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are subject to  the one-third limitation under this subsection.

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     If the total amount of all liens under this Act meets or 
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exceeds 40% of the
verdict, judgment,
award, settlement, or 
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compromise, the total amount of all the liens of
attorneys 
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under the
Attorneys Lien Act shall not
exceed 30% of the 
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verdict, judgment, award, settlement, or compromise.  If an

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appeal is taken by any party to a suit based on the claim or 
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cause of
action, however,
the attorney's lien
shall not
be 
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affected or limited by the provisions of this Act.

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    (d) If services furnished by health care professionals and 
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health care
providers are
billed at one all-inclusive rate, the 
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total reasonable charges for those
services shall be
reasonably 
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allocated among the health care professionals and health care

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providers and
treated as separate liens for purposes of this 
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Act, including the filing of
separate lien
notices. For 
 


 






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services provided under an all-inclusive rate, the liens of 
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health
care
professionals and health care providers may be 
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asserted by the entity that
bills the
all-inclusive rate.

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    (e) Payments under the liens shall be made directly to the 
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health care
professionals and health care providers. For 
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services provided under an
all-inclusive rate,
payments under 
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liens shall be made directly to the entity that bills the

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all-inclusive rate.

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(Source: P.A. 93-51, eff. 7-1-03.)