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91_HB2192
LRB9100470WHdvA
1 AN ACT to amend certain Acts in relation to liens.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Hospital Lien Act is amended by changing
5 Sections 1 and 2 as follows:
6 (770 ILCS 35/1) (from Ch. 82, par. 97)
7 (Text of Section WITHOUT the changes made by P.A. 89-404,
8 which has been held unconstitutional)
9 Sec. 1. Lien created; notice required. Every hospital
10 rendering service in the treatment, care and maintenance, of
11 such injured person shall have a lien upon all such claims
12 and causes of action of the injured person for the amount of
13 its reasonable charges at ward rates in such hospital up to
14 the date of payment of such damages.
15 No judgment, award, settlement or compromise secured by
16 or on behalf of an injured person shall be satisfied without
17 the injured person or his or her authorized representative
18 first giving the hospital that rendered the service in the
19 treatment, care, and maintenance of the injured person notice
20 of the judgment, award, settlement, or compromise. The
21 hospital shall have a period of 30 calendar days to perfect
22 and satisfy its lien. The notice shall be in writing and
23 served upon the hospital's registered agent or, in the event
24 of a hospital operated entirely by a unit of local
25 government, upon the individual or entity authorized to
26 receive service pursuant to Section 2-211 of the Code of
27 Civil Procedure.
28 Provided, however, that the total amount of all liens
29 under this Act hereunder shall not exceed one-third of the
30 verdict, judgment, award, settlement, or compromise secured
31 by or on behalf of the sum paid or due to said injured person
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1 on his or her said claim or right of action, and provided
2 further, that the said lien shall in addition include a
3 notice in writing containing the name and address of the
4 injured person, the date of the injury, the name and address
5 of the hospital, and the name of the party alleged to be
6 liable to make compensation to such injured person for the
7 injuries received. The lien notice, shall be served on both
8 the injured person and the party against whom such claim or
9 right of action exists.
10 Service shall be made by registered or certified mail or
11 in person.
12 (Source: P.A. 89-280, eff. 1-1-96; parts of 89-626, eff.
13 8-9-96, not derived from 89-404.)
14 (770 ILCS 35/2) (from Ch. 82, par. 98)
15 (Text of Section WITHOUT the changes made by P.A. 89-404,
16 which has been held unconstitutional)
17 Sec. 2. The lien of the such hospital shall, from and
18 after the time of service of the lien above stated notice,
19 attach to any verdict, judgment, award, settlement, or
20 compromise secured by or on behalf of the injured person. If
21 the verdict, judgment, award, settlement, or compromise is to
22 be paid over time by means of an annuity or otherwise, any
23 lien under this Act shall be satisfied by the party obligated
24 to compensate the injured person to the fullest extent
25 permitted by Section 1 prior to the establishment of the
26 annuity or other extended payment mechanism. or judgment
27 secured in any action by the injured party based on the
28 negligent or wrongful act, and to any money or property which
29 may be recovered by compromise settlement, or in any action
30 brought by such injured person on account of such claim or
31 right of action. In case of death of the injured person, the
32 lien shall attach to any money or property which may be
33 recovered by compromise settlement or action on account of
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1 injuries not resulting in the death of the injured person, or
2 to any verdict or judgment in any action brought by the
3 estate of the injured person against any other person for the
4 recovery of damages on account of injuries not resulting in
5 the death of the injured person.
6 (Source: P.A. 89-280, eff. 1-1-96.)
7 Section 10. The Physicians Lien Act is amended by
8 changing Sections 1 and 2 as follows:
9 (770 ILCS 80/1) (from Ch. 82, par. 101.1)
10 Sec. 1. Every licensed physician practicing in this State
11 who renders services by way of treatment to injured persons,
12 except services rendered under the provisions of the Workers'
13 Compensation Act or the Workers' Occupational Diseases Act,
14 shall have a lien upon all claims and causes of action of the
15 injured person for the amount of his reasonable charges up to
16 the date of payment of such damages.
17 No verdict, judgment, award, settlement, or compromise
18 secured by or on behalf of an injured person shall be
19 satisfied without the injured person or his or her authorized
20 representative first giving the physician who rendered the
21 service in the treatment, care, and maintenance of the
22 injured person notice of the verdict, judgment, award,
23 settlement, or compromise. The physician shall have a period
24 of 30 calendar days to perfect and satisfy his or her lien.
25 The notice shall be in writing and served upon the physician.
26
27 Provided, however, that the total amount of all liens
28 under this Act hereunder shall not exceed 1/3 of the verdict,
29 judgment, award, settlement, or compromise secured by or on
30 behalf of sum paid or due to the injured person on his or her
31 the claim or right of action, and provided further, that the
32 lien shall in addition include a notice in writing containing
-4- LRB9100470WHdvA
1 the name and address of the injured person, the date of the
2 injury, the name and address of the licensed physician
3 practicing in this State, and the name of the party alleged
4 to be liable to make compensation to the such injured person
5 for the injuries received. The lien, which notice shall be
6 served on both the injured person and the party against whom
7 such claim or right of action exists.
8 Notwithstanding any other provision of this Act, payment
9 in good faith to any person other than the physician claiming
10 or asserting such lien prior to the service of such notice of
11 lien shall, to the extent of the payment so made, bar or
12 prevent the creation of an enforceable lien.
13 Service shall be made by registered or certified mail or
14 in person.
15 (Source: P.A. 81-992.)
16 (770 ILCS 80/2) (from Ch. 82, par. 101.2)
17 Sec. 2. The lien of the any such licensed physician
18 practicing in this State shall, from and after the time of
19 service of the lien aforesaid notice, attach to any verdict,
20 judgment, award, settlement, or compromise secured by or on
21 behalf of the injured person. If the verdict, judgment,
22 award, settlement, or compromise is to be paid over time by
23 means of an annuity or otherwise, any lien under this Act
24 shall be satisfied by the party obligated to compensate the
25 injured person to the fullest extent permitted by Section 1
26 prior to the establishment of the annuity or other extended
27 payment mechanism. or order secured in any suit or action by
28 the injured party based on the negligent or wrongful act, and
29 to any money or property which may be recovered by compromise
30 settlement, or in any suit or action brought by such injured
31 person on account of such claim or right of action. In case
32 of death of the injured person, the lien shall attach to any
33 money or property which may be recovered by compromise
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1 settlement, suit or action on account of injuries not
2 resulting in the death of the injured person, or to any
3 verdict, judgment or order in any suit or action brought by
4 the estate of the injured person against any other person for
5 the recovery of damages on account of injuries not resulting
6 in the death of the injured person.
7 (Source: P.A. 79-1358.)