Topic:
Health Care Services Lien Act
(Thapedi, D-Chicago; Mulroe, D-Chicago) does two things in subrogation and right of reimbursement claims. (1) It proportionately reduces subrogation claims or other claims of right of reimbursement for medical expenses in the same proportion that the injured consumer's recovery is reduced because of comparative fault or limited liability insurance. (2) It 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. House Bill 5823 exempts any health-care provider's liens and work comp, UIM, and UM cases from these two provisions. House Bill 5823 also allows petitions to adjudicate rights under this Act to be served on interested parties by personal service, substitute service, or registered or certified mail. Effective January 1, 2013.