HB4916 EngrossedLRB103 38470 JRC 68606 b HB4916 Engrossed LRB103 38470 JRC 68606 b
HB4916 Engrossed LRB103 38470 JRC 68606 b
1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Code of Civil Procedure is amended by
5 changing Section 2-2301 as follows:
6 (735 ILCS 5/2-2301)
7 Sec. 2-2301. Settlement of claims; payment.
8 (a) In a personal injury, property damage, wrongful death,
9 or tort, or other private action involving a claim for money
10 damages, a release must be tendered to the plaintiff by the
11 settling defendant within 14 days of written confirmation of
12 the settlement. Written confirmation includes all
13 communication by written means.
14 (b) In a personal injury, property damage, wrongful death,
15 or tort, or other private action involving a claim for money
16 damages in which the law requires court approval of a
17 settlement, the plaintiff shall tender to the defendant a copy
18 of the court order approving the settlement.
19 (c) In a personal injury, property damage, wrongful death,
20 or tort, or other private action involving a claim for money
21 damages in which there is a known third-party right of
22 recovery or subrogation interest (including attorney's liens,
23 healthcare provider liens, or rights of recovery claimed by
HB4916 Engrossed LRB103 38470 JRC 68606 b
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1 Medicare, the Centers for Medicare and Medicaid Services, the
2 Illinois Department of Healthcare and Family Services, or
3 private health insurance companies), the plaintiff may protect
4 the third-party's right of recovery or subrogation interest,
5 where applicable, by tendering to the defendant:
6 (1) A signed release of the attorney's lien.
7 (2) Either:
8 (i) a signed release of a healthcare provider
9 lien; or
10 (ii) a letter from the plaintiff's attorney
11 agreeing to hold the full amount of the claimed lien in
12 the plaintiff's attorney's client fund account pending
13 final resolution of the lien amount; or
14 (iii) an offer that the defendant hold the full
15 amount of the claimed right to recovery pending final
16 resolution of the amount of the right of recovery; or
17 (iv) documentation of any other method of
18 resolution of the liens as agreed by the parties.
19 (3) Either:
20 (i) documentation of the agreement between the
21 plaintiff and Medicare, the Centers for Medicare and
22 Medicaid Services, the Illinois Department of
23 Healthcare and Family Services, or the private health
24 insurance company as to the amount of the settlement
25 that will be accepted in satisfaction of right of
26 recovery; or
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1 (ii) a letter from the plaintiff's attorney
2 agreeing to hold the full amount of the claimed right
3 to recovery in the plaintiff's attorney's client fund
4 account pending final resolution of the amount of the
5 right to recovery; or
6 (iii) an offer that the defendant hold the full
7 amount of the claimed right to recovery pending final
8 resolution of the amount of the right of recovery; or
9 (iv) documentation of any other method of
10 resolution of the liens as agreed by the parties.
11 (d) A settling defendant shall pay all sums due to the
12 plaintiff within 30 days of tender by the plaintiff of the
13 executed release and all applicable documents in compliance
14 with subsections (a), (b), and (c) of this Section.
15 (e) If, after a hearing, the court having jurisdiction
16 over the parties finds that timely payment has not been made by
17 a defendant pursuant to subsection (d) of this Section,
18 judgment shall be entered against that defendant for the
19 amount set forth in the executed release, plus costs incurred
20 in obtaining the judgment and interest at the rate specified
21 under Section 2-1303 of this Code, calculated from the date of
22 the tender by the plaintiff under subsection (d) of this
23 Section.
24 (f) As used in this Section, "tender" means personal
25 delivery or delivery by a means providing a return receipt.
26 (g) This Section applies to all personal injury, property
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