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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To create a comprehensive statutory process for the assertion and adjudication of liens of health care professionals and health care providers.
Act repealed 8 different liens acts regarding different types of health care providers.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, …
…except services rendered under the provisions of the workers' compensation act or the workers' occupational diseases act,
A lien on all claims and causes of action for the amount of the provider's reasonable charges up to the date of payment.
A written notice served on both the injured person and the party against whom the claim exists.
Costs & Fees
Wendling & Stanton
Subrogation claim is diminished
By comparative fault or
By “reason of uncollectabilityof full value”:
(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.
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).
Pending action by Governor
“The Code of Civil Procedure is amended by adding Part 23 to Artilce II”
Court order to Defendant
And actions to protect known 3rd Party claims such as healthcare attorneys liens.
Signed release of claim or letter agreeing to hold full amount in attorney trust, or documentation of resolution.
Pay all sums due within 30 days of “tender” of releases and documents.
Upon finding that Defendant has not paid, may enter judgment, plus interest and costs.