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IL HB5823

Bill

Status

Passed

8/21/2012

Primary Sponsor

Andre Thapedi

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Origin

House of Representatives

97th General Assembly

AI Summary

  • Amends the Health Care Services Lien Act to allow petitions for adjudicating lien rights to be served by personal service, substitute service, or registered or certified mail.

  • Establishes that subrogation claims and other reimbursement claims for medical expenses must be reduced proportionally when a personal injury or death claimant's recovery is diminished by comparative fault or limited liability insurance.

  • Requires parties asserting subrogation or reimbursement claims to bear a pro rata share of the injured person's attorney fees and litigation expenses after reduction of their claims.

  • Excludes lien holders under the Workers' Compensation Act, Workers' Occupational Diseases Act, and Health Care Services Lien Act (including hospitals, physicians, and long-term care facilities) from the proportional reduction requirements.

  • Allows subrogation and reimbursement claims to be adjudicated in court regardless of whether a lien has been formally filed.

Legislative Description

HEALTH CARE SERVICES LIENS

Last Action

Public Act . . . . . . . . . 97-1042

8/21/2012

Committee Referrals

Judiciary4/11/2012
Assignments3/30/2012
Judiciary I - Civil Law2/28/2012
Rules2/16/2012

Full Bill Text

No bill text available