Illinois health care services lien act 770 ilcs 23 1 et seq july 1 2003
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Illinois Health Care Services Lien Act 770 ILCS 23/1, et seq. July 1, 2003 PowerPoint PPT Presentation


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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. .

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Illinois Health Care Services Lien Act 770 ILCS 23/1, et seq. July 1, 2003

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Illinois health care services lien act 770 ilcs 23 1 et seq july 1 2003

Illinois Health Care Services Lien Act770 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

Illinois Health Care Services Lien Act770 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Act repealed 8 different liens acts regarding different types of health care providers.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

Illinois Health Care Services Lien Act770 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 who1

Illinois Health Care Services Lien Act770 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

Illinois Health Care Services Lien Act770 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

Illinois Health Care Services Lien Act770 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

Illinois Health Care Services Lien Act770 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

Illinois Health Care Services Lien Act770 ILCS 23/50 01/01/2013

Subrogation claim is diminished

By comparative fault or

By “reason of uncollectabilityof full value”:


Illinois health care services lien act 770 ilcs 23 50 01 01 20131

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.


Illinois health care services lien act 770 ilcs 23 50 01 01 20132

Illinois Health Care Services Lien Act770 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

Illinois Code of Civil Procedure735 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

Illinois Code of Civil Procedure735 ILCS 5 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 procedure 735 ilcs 5 part 231

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.


Illinois code of civil procedure 735 ilcs 5 part 232

Illinois Code of Civil Procedure735 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 233

Illinois Code of Civil Procedure735 ILCS 5 Part 23

The Court:

Upon finding that Defendant has not paid, may enter judgment, plus interest and costs.


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