Illinois Health Care Services Lien Act
770 ILCS 23/1, et seq.
July 1, 2003
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 Act
770 ILCS 23/1, et seq.
Act repealed 8 different liens
acts regarding different types
of health care providers.
Illinois Health Care Services Lien Act
770 ILCS 23/1, et seq.
WHO:
Any health care professional
or health care provider…
who renders any service in
the treatment, care, or
maintenance of an injured
person, …
Illinois Health Care Services Lien Act
770 ILCS 23/1, et seq.
WHO:
…except services rendered
under the provisions of the
workers' compensation act
or the workers' occupational
diseases act,
Illinois Health Care Services Lien Act
770 ILCS 23/1, et seq.
WHAT:
A lien on all claims and causes
of action for the amount of the
provider's reasonable charges
up to the date of payment.
Illinois Health Care Services Lien Act
770 ILCS 23/1, et seq.
HOW:
A written notice served on both
the injured person and the party
against whom the claim exists.
Illinois Health Care Services Lien Act
770 ILCS 23/1, et seq.
How Much:
20% Providers
20% Professionals
Costs & Fees
Wendling & Stanton
Illinois Health Care Services Lien Act
770 ILCS 23/50
01/01/2013
Subrogation claim is diminished
1) By comparative fault or
2) By “reason of uncollectability
of full value”:
Illinois Health Care Services Lien Act
770 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.
Illinois Health Care Services Lien Act
770 ILCS 23/50
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 certified mail).
Illinois Code of Civil Procedure
735 ILCS 5/23
01/01/14? Part 23?
Pending action by Governor
SB 1912
“The Code of Civil Procedure is
amended by adding Part 23 to
Artilce II”
Illinois Code of Civil Procedure
735 ILCS 5
Part 23
Plaintiff:
Court order to Defendant
(if required),
And actions to protect known
3 rd Party claims such as healthcare
attorneys liens.
Illinois Code of Civil Procedure
735 ILCS 5
Part 23
Plaintiff:
Signed release of claim or letter
agreeing to hold full amount in
attorney trust, or documentation of
resolution.
Illinois Code of Civil Procedure
735 ILCS 5
Part 23
Defendant:
Pay all sums due within 30 days
of “tender” of releases and
documents.
Illinois Code of Civil Procedure
735 ILCS 5
Part 23
The Court:
Upon finding that Defendant has not
paid, may enter judgment, plus
interest and costs.