(Modified upon denial of rehearing 8/14/17.) Plaintiff filed action for consumer fraud, alleging that Defendant charged her more for medical services than the amounts that Defendant had agreed to charge in its contract with Plaintiff's health insurer, in its health-care services lien that Defendant asserted against settlement proceeds in Plaintiff's personal-injury case. Plaintiff's consumer fraud theory is actually action for breach of contract of which she is an intended 3rd-party beneficiary. No provision in Lien Act forces health-care providers to accept health insurance payments as full satisfaction. Court should have granted Plaintiff's "Petition to Adjudicate Lien to Zero" as Defendant had no reasonable charges against her, because insurer's paymenbt of its usual fee allowance was full payment for service.(TURNER and KNECHT, concurring.)
Illinois Appellate Court
Civil Court
Health Care Services Lien Act