On Monday, August 20, 2012, Governor Quinn signed HB 5823 into law. It is now Public Act 97-1042. This act amends the Healthcare Services Lien Act. This legislation provides for a proportionate reduction for subrogation claim holders in the event that a claim is reduced by: (1) Comparative fault; (2) Insufficient liability insurance; or (3) by a combination of 1 and 2 above. After the Court reduces the subrogation claim pursuant to the above guidelines, the Common Fund Doctrine is applied to the reduced amount. This Act is effective January 1, 2013.
On Monday, July 30, 2012, Governor Quinn signed SB 3171 into law. It is now Public Act 97-867. Public Act 97-867 clarifies the rights of heirs regarding access to medical records of decedents, and eliminates concerns of non-compliance with HIPPA that have been raised. This Act will help avoid unnecessary court costs, delays, and probate for family seeking access to medical records of the deceased. This law is effective immediately.