Short title
Short title. This Act may be cited as the Health Care Services Lien Act. (Source: P.A. 93-51, eff. 7-1-03.)
Illinois · statute · 770 ILCS 23 · 13 active provisions
Short title. This Act may be cited as the Health Care Services Lien Act. (Source: P.A. 93-51, eff. 7-1-03.)
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 foll…
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…
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 c…
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,…
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 ca…
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 Crim…
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…
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.)
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 pr…
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) b…
(Amendatory provisions; text omitted). (Source: P.A. 93-51, eff. 7-1-03; text omitted.)
Effective date. This Act takes effect on July 1, 2003. (Source: P.A. 93-51, eff. 7-1-03.)