Health Care Services Lien Act

House Bill 5823 (Thapedi, D-Chicago; Mulroe, D-Chicago) does three things to the Health Care Services Lien Act. (1) Proportionately reduces subrogation claims or other claims of right of reimbursement for medical expenses in the same proportion that the claimant’s recovery is reduced because of comparative fault or uncollectability of the full value of the full claim because of limited liability insurance or from any other cause. (2) Requires a party asserting a subrogation claim or other right of reimbursement to bear the pro rata share of the claimant’s attorney’s fees and litigation expenses. (3) Allows petitions to adjudicate rights under this Act to be served on interested adverse parties by personal service, substitute service, or registered or certified mail. House Bill 5823 exempts any health-care provider's liens and UIM and UM cases. This bill may be voted on today or tomorrow by the House Judiciary Committee I and the House

Posted on May 30, 2012 by James R. Covington
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Member Comments (1)

House Bill 5823 (Thapedi, D-Chicago; Mulroe, D-Chicago) does three things to the Health Care Services Lien Act. (1) Proportionately reduces subrogation claims or other claims of right of reimbursement for medical expenses in the same proportion that the claimant’s recovery is reduced because of comparative fault or uncollectability of the full value of the full claim because of limited liability insurance or from any other cause. (2) Requires a party asserting a subrogation claim or other right of reimbursement to bear the pro rata share of the claimant’s attorney’s fees and litigation expenses. (3) Allows petitions to adjudicate rights under this Act to be served on interested adverse parties by personal service, substitute service, or registered or certified mail. House Bill 5823 exempts any health-care provider's liens and work comp, UIM, and UM cases. This bill may be voted on today by the House Judiciary Committee I and the House.

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