To create a comprehensive statutory process for the assertion and adjudication of liens of health care professionals and health care providers. Illinois

To create a comprehensive statutory process for the assertion and adjudication of liens of health care professionals and health care providers.

Illinois Health Care Services Lien Act770 ILCS 23/1, et seq.

July 1, 2003

Act repealed 8 diff erent liens acts regarding diff erent types of health care providers.


Any health care professional or health care provider…

who renders any service in the treatment, care, or maintenance of an injured person, …


WHO:

…except services rendered under the provisions of the workers' compensation act or the workers' occupational diseases act,


WHO:

A lien on all claims and causes of action for the amount of the provider's reasonable charges up to the date of payment.


WHAT:

A written notice served on both the injured person and the party against whom the claim exists.


HOW:

20% Providers20% ProfessionalsCosts & Fees

Wendling & Stanton


How Much:

Subrogation claim is diminished1) By comparative fault or2) By “reason of

uncollectability of full value”:

Illinois Health Care Services Lien Act770 ILCS 23/50

01/01/2013

(subro-claim) is diminished in same proportion as the Plaintiff ’s recovery.

and after that reduction(subro-claimant) shall bear a pro rata share of the Plaintiff ’s attorneys fees and litigation expenses.


01/01/2013

Unless otherwise agreed, full value of claim and degree of fault are determined by court, and adjudicated upon notice (by service, substitute service or registered or certifi ed mail).


01/01/2013

Pending action by Governor

SB 1912“The Code of Civil Procedure is amended by adding Part 23 to

Artilce II”

Illinois Code of Civil Procedure735 ILCS 5/23

01/01/14? Part 23?

Plaintiff :Court order to Defendant (if required),And actions to protect known

3rd Party claims such as healthcare attorneys liens.

Illinois Code of Civil Procedure735 ILCS 5

Part 23

Plaintiff :Signed release of claim or

letter agreeing to hold full amount in attorney trust, or documentation of resolution.


Part 23

Defendant:Pay all sums due within 30

days of “tender” of releases and documents.


Part 23

The Court:Upon fi nding that Defendant has not paid, may enter judgment, plus interest and costs.


Part 23

Documents

To create a comprehensive statutory process for the assertion and adjudication of liens of health care professionals and health care providers. Illinois