(770 ILCS 23/1)
Sec. 1.
Short title.
This Act may be cited as the Health Care Services
Lien Act.
(Source: P.A. 93-51, eff. 7-1-03.)
(770 ILCS 23/5)
Sec. 5. Definitions. In this Act:
“Health care professional” means any individual in any of the following
license
categories: licensed physician, licensed dentist,
licensed optometrist, licensed naprapath, licensed
clinical
psychologist, or licensed physical therapist.
“Health care provider” means any entity in any of the following
categories:
(i) licensed hospital, (ii) licensed home health
agency, (iii)
licensed ambulatory surgical treatment
center, (iv) ambulatory surgical treatment facility accredited by one of the following organizations: the American Association for the Accreditation of Ambulatory Surgical Facilities; the Joint Commission (formerly the Joint Commission on Accreditation of Healthcare Organizations); the Healthcare Facilities Accreditation Program; or the Accreditation Association for Ambulatory Health Care, (v) licensed long-term care facilities, or (vi) licensed
emergency medical services personnel.
Public Act 94-403 applies to causes of action accruing on or after January 1, 2006 (the effective date of Public Act 94-403).
The changes to this Section made by this amendatory Act of the 100th General Assembly apply to causes of action accruing on or after the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-653, eff. 1-1-19.)
(770 ILCS 23/10)
Sec. 10.
Lien created; limitation.
(a) Every health care professional 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 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 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 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.)
(770 ILCS 23/15)
Sec. 15.
Notice of judgment or award.
A judgment, award, settlement, or
compromise secured by or on behalf of an injured person may not be satisfied
without the
injured person or his or her authorized representative first giving notice of
the judgment,
award, settlement, or compromise to the health care professional or health care
provider
that rendered a service in the treatment, care, or maintenance of the injured
person and that has served a lien notice pursuant to subsection (b) of Section
10.
The notice shall be in writing and served upon the lien holder
or, in the case of a lien holder
operated entirely
by a unit of local government, upon the individual
or entity authorized to
receive service
under Section 2-211 of the Code of Civil Procedure.
(Source: P.A. 93-51, eff. 7-1-03.)
(770 ILCS 23/20)
Sec. 20.
Items to which lien attaches.
The lien of a health care
professional or
health care provider under this Act shall, from and after the time of the
service of the lien
notice, attach to any verdict, judgment, award, settlement, or compromise
secured by or
on behalf of the injured person. If the verdict, judgment, award, settlement,
or
compromise is to be paid over time by means of an annuity or otherwise, any
lien under
this Act shall be satisfied by the party obligated to compensate the injured
person to the
fullest extent permitted by Section 10 before the establishment of the annuity
or other
extended payment mechanism.
(Source: P.A. 93-51, eff. 7-1-03.)
(770 ILCS 23/25)
Sec. 25.
Examination of health care records.
(a) Upon written request by medical authorization signed by the patient or
the patient’s representative, or by subpoena, any party to a pending
court action against whom a
claim is asserted
for
damages resulting from injuries shall be permitted to
examine
the records of any health care professional or health care provider concerning
the health care professional’s or health care provider’s
treatment, care, or maintenance of the injured person. Within 20 days after
receiving
a written request by medical authorization signed by the patient or the
patient’s
representative, or by subpoena, a health care professional or health care
provider
claiming a lien
under this Act must furnish to the requesting party, or file with the clerk of
the court
in which the
action is pending, all of the following:
- (1) A written statement of the nature and extent of the injuries sustained by the injured person.
- (2) A written statement of the nature and extent of the treatment, care, or maintenance given to or furnished for the injured person by the health care professional or health care provider.
- (3) A written statement of the history, if any, as given by the injured person, insofar as shown by the health care records, as to the manner in which the injuries were received.
(b) If a health care professional or health care provider fails or refuses
to
give or
file a written statement in conformity with and as required by subsection (a)
after being so
requested in writing in conformity with subsection (a), the lien of that health
care
professional or health care provider under this Act shall immediately become
null and void.
(Source: P.A. 93-51, eff. 7-1-03.)
(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 lien created under the Crime Victims Compensation Act may be reduced only by the Court of Claims.
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. 97-817, eff. 1-1-13; 97-1042, eff. 1-1-13; 98-463, eff. 8-16-13.)
(770 ILCS 23/35)
Sec. 35.
Liens created under prior law.
A lien validly created under the
Clinical
Psychologists Lien Act, the Dentists Lien Act, the Emergency Medical Services
Personnel Lien Act, Home Health Agency Lien Act, the Hospital Lien Act, the
Optometrists Lien Act, the Physical Therapist Lien Act, or the Physicians Lien
Act
remains in full force and
effect on
and after July 1, 2003. Such a lien shall be enforceable according to, and
otherwise
governed by, the provisions of the Act or Code under which it was created, as
those
provisions existed on June 30, 2003.
(Source: P.A. 93-51, eff. 7-1-03.)
(770 ILCS 23/40)
Sec. 40.
Attorney’s lien.
Nothing in this Act shall affect the priority
of any
attorney’s lien under the Attorneys Lien Act.
(Source: P.A. 93-51, eff. 7-1-03.)
(770 ILCS 23/45)
Sec. 45.
Amounts not recovered under lien.
Nothing in this Act shall be
construed
as limiting the right of a health care professional or health care provider, or
attorney, to
pursue
collection, through all available means, of its reasonable charges for the
services it
furnishes to an injured person. Notwithstanding any other provision of law, a
lien holder
may seek payment of the amount of its reasonable charges that remain not paid
after the
satisfaction of its
lien under
this Act.
(Source: P.A. 93-51, eff. 7-1-03.)
(770 ILCS 23/50)
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.
(Source: P.A. 97-1042, eff. 1-1-13.)
(770 ILCS 23/900)
Sec. 900.
(Amendatory provisions; text omitted).
(Source: P.A. 93-51, eff. 7-1-03; text omitted.)
(770 ILCS 23/905)
Sec. 905.
The Clinical Psychologists Lien Act is repealed.
(Source: P.A. 93-51, eff. 7-1-03.)
(770 ILCS 23/910)
Sec. 910.
The Dentists Lien Act is repealed.
(Source: P.A. 93-51, eff. 7-1-03.)
(770 ILCS 23/915)
Sec. 915.
The Emergency Medical Services Personnel Lien Act is repealed.
(Source: P.A. 93-51, eff. 7-1-03.)
(770 ILCS 23/920)
Sec. 920.
The Home Health Agency Lien Act is repealed.
(Source: P.A. 93-51, eff. 7-1-03.)
(770 ILCS 23/925)
Sec. 925.
The Hospital Lien Act is repealed.
(Source: P.A. 93-51, eff. 7-1-03.)
(770 ILCS 23/930)
Sec. 930.
The Optometrists Lien Act is repealed.
(Source: P.A. 93-51, eff. 7-1-03.)
(770 ILCS 23/935)
Sec. 935.
The Physical Therapist Lien Act is repealed.
(Source: P.A. 93-51, eff. 7-1-03.)
(770 ILCS 23/940)
Sec. 940.
The Physicians Lien Act is repealed.
(Source: P.A. 93-51, eff. 7-1-03.)
(770 ILCS 23/945)
Sec. 945.
If and only if the provisions of House Bill 1205 of the 93rd
General Assembly creating the Naprapathic Lien Act become law, the Naprapathic
Lien Act is
repealed.
(Source: P.A. 93-51, eff. 7-1-03.)
(770 ILCS 23/999)
Sec. 999.
Effective date.
This Act takes effect on July 1, 2003.
(Source: P.A. 93-51, eff. 7-1-03.)