4 Jan, 2022

Illinois Health Care Services Lien Act

Author Todd A. Strong
Illinois Health Care Services Lien Act

In Illinois when an injured person receives medical treatment for injuries they sustain due to the negligence of a third party, a Medical provider or a Medical Professional administering medical treatment can pursuant to Illinois Health Care Services Lien Act assert a lien on the individuals pending personal injury case.

A case does not have to be filed for a lien to be attached. Once a lien is attached it becomes the responsibility of the injured person to resolve it prior to settlement. In the event a lien is not resolved, the insurance company will name the lien holder on the final settlement.

Illinois Health Care Services Lien Act

Calculating liens Pursuant to Health Care Services Lien Act

In a case where there is only one lien, the lien holder becomes entitled to up to one-third of the settlement. In the case of multiple lien holders, the maximum amount of money all lien holders who have asserted a lien pursuant to Illinois Health Care Services Lien act can touch is 40% of the settlement.

Out of that 40%, 20% is allocated for Medical Providers and 20% for Medical Professional. Pursuant to the Lien Act, a Medical Professional is any licensed Physician in varying capacities. A Medical Provider is defined as any licensed hospital, surgery center, or any treatment rendered by the licensed emergency medical services personnel.

Illinois Health Care Services Lien Act

In a case where all the lien holders fall into either the category of medical providers or professionals, the 20% allocation does not get factored in. Similarly, in a case where the amount of liens asserted is less than 40% of the settlement and the settlement allows for full payment of all liens, the 40% calculation does not get factored in. Further, if in a case where the lien amount asserted by either the medical provider or medical professional is less than 20%, the leftover amount gets transferred to the other category.

The Lien Act only limits the number of settlement monies that can be touched by various Medical providers or Medical Professionals. The Medical Providers and Professionals always are free to still charge for any remaining balance that has not been paid by the case.

If you are represented by an Attorney, the Attorney negotiating the liens on your behalf, although never a guarantee tries to have Medical Professionals and Medical Providers accept their pro-rata share as full and final payment of the account, this means that the medical provider or professional is not charging for the remainder of the balance not paid by the settlement.

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About The Author

Photo of Todd A. Strong
Illinois workers’ compensation and personal injury lawyer Todd A. Strong is the founder of Strong Law Offices in Peoria, Illinois. Todd brings considerable legal knowledge, experience, and skill to the table to ensure injured victims throughout the state are treated with respect, dignity, and fairness.