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 231 et seq ID: 764825
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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. July 1, 2003
Act repealed 8 different liens acts regarding different types of health care providers.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.
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. 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. Illinois Health Care Services Lien Act 770 ILCS 23/1, et seq. WHAT:
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:
20% Providers20% Professionals Costs & Fees Wendling & Stanton Illinois Health Care Services Lien Act 770 ILCS 23/1, et seq. How Much:
Subrogation claim is diminishedBy comparative fault or 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 Health Care Services Lien Act 770 ILCS 23/50 01/01/2013
Pending action by GovernorSB 1912 “The Code of Civil Procedure is amended by adding Part 23 to Artilce II” Illinois Code of Civil Procedure 735 ILCS 5/23 01/01/14? 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. Illinois Code of Civil Procedure 735 ILCS 5 Part 23