IL SB0047

Illinois Department gains a statutory charge on injury claims and causes of action for applicants and recipients of financial aid under Articles III, IV, and V, health insurance benefits under Covering ALL KIDS, and Veterans' Health Insurance Program benefits.

Department's charge covers the total amount of medical assistance provided from time of injury to recovery, and if the recipient was employable, also includes all cash assistance and medical assistance provided to the recipient and dependents.

Notice of the charge must be served by certified or registered mail, or by facsimile or electronic messaging when requested by the party against whom the recipient has a claim, demand, or cause of action.

Court may reduce and apportion the Department's lien proportionate to the claimant's recovery, considering factors including injury nature, economic loss, settlement offers, comparative negligence, medical costs, and the recipient's future needs and ability to repay.

Department's statutory charges take priority over all other liens and charges under Illinois law except attorney's liens; the section does not apply to claims arising under the Workers' Compensation Act, Workers' Occupational Diseases Act, or Wrongful Death Act.