McKim v. Southern Illinois Hospital Services

Illinois Appellate Court
Civil Court
Health Care Services Lien Act
Citation
Case Number: 
2016 IL App (5th) 140405
Decision Date: 
Friday, August 26, 2016
District: 
5th Dist.
Division/County: 
Franklin Co.
Holding: 
Judgment modified.
Justice: 
CHAPMAN

Judgment order distributing settlement, from motor vehicle accident is contrary to plain language of Health care Services Lien Act and is in conflict with Medicare's secondary payer provision and Illinois Public Aid Code. Medicare, Medicare Part D, and Medicaid are not subject to Health Care Services Lien Act. Medicare Secondary Payer Act preempts Health Care Services Lien. Thus, Medicare and Medicare Part D bills should not be included within statutory 40% limitation of Health Care Services Lien Act. Section 10 of Health Care Services Lien Act is unambiguous and does not permit any deduction of attorney fees and/or costs before calculating percentage to be paid to any health care lienholder.(WELCH and GOLDENHERSH, concurring.)