HB 4461

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Full Text of HB4461
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	HB4461 - 104th General Assembly
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		HB4461 Enrolled		LRB104 16887 BAB 30298 b
1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Fair Patient Billing Act is amended by
5changing Section 30 as follows:
6    (210 ILCS 88/30)
7    Sec. 30. Pursuing collection action.
8    (a) Hospitals and their agents may pursue collection
9action against an uninsured patient only if the following
10conditions are met:
11        (1) The hospital has complied with the screening
12    requirements set forth in Section 16 and applied and
13    exhausted any discount available to a patient under
14    Section 10 of the Hospital Uninsured Patient Discount Act.
15        (2) The hospital has given the uninsured patient the
16    opportunity to:
17            (A) assess the accuracy of the bill;
18            (B) apply for financial assistance under the
19        hospital's financial assistance policy; and
20            (C) avail themselves of a reasonable payment plan.
21        (3) If the uninsured patient has indicated an
22    inability to pay the full amount of the debt in one
23    payment, the hospital has offered the patient a reasonable
		HB4461 Enrolled	- 2 -	LRB104 16887 BAB 30298 b
1    payment plan. The hospital may require the uninsured
2    patient to provide reasonable verification of his or her
3    inability to pay the full amount of the debt in one
4    payment.
5        (4) To the extent the hospital provides financial
6    assistance and the circumstances of the uninsured patient
7    suggest the potential for eligibility for charity care,
8    the uninsured patient has been given at least 90 days
9    following the date of discharge or receipt of outpatient
10    care to submit an application for financial assistance and
11    shall be provided assistance with the application in
12    compliance with subsection (a) of Section 16 and Section
13    27.
14        (5) If the uninsured patient has agreed to a
15    reasonable payment plan with the hospital, and the patient
16    has failed to make payments in accordance with that
17    reasonable payment plan.
18        (6) If the uninsured patient informs the hospital that
19    he or she has applied for health care coverage under a
20    public health insurance program (and there is a reasonable
21    basis to believe that the patient will qualify for such
22    program) but the patient's application is denied.
23    (a-5) A hospital shall proactively offer information on
24charity care options available to uninsured patients,
25regardless of their immigration status or residency.
26    (b) A hospital may not refer a bill, or portion thereof, to
		HB4461 Enrolled	- 3 -	LRB104 16887 BAB 30298 b
1a collection agency or attorney for collection action against
2the insured patient, without first ensuring compliance with
3Section 16 and offering the patient the opportunity to request
4a reasonable payment plan for the amount personally owed by
5the patient. Such an opportunity shall be made available for
6the 90 days following the date of the initial bill. If the
7insured patient requests a reasonable payment plan, but fails
8to agree to a plan within 90 days of the request, the hospital
9may proceed with collection action against the patient.
10    (c) No collection agency, law firm, or individual may
11initiate legal action for non-payment of a hospital bill
12against a patient without the written approval of an
13authorized hospital employee who reasonably believes that the
14conditions for pursuing collection action under this Section
15have been met.
16    (c-5) For any legal action initiated against a patient for 
17unpaid medical debt, a hospital may not file for or be granted 
18a lien upon that patient's primary residence.
19    (d) Nothing in this Section prohibits a hospital from
20engaging an outside third party agency, firm, or individual to
21manage the process of implementing the hospital's financial
22assistance and reasonable payment plan programs and policies
23so long as such agency, firm, or individual is contractually
24bound to comply with the terms of this Act.
25(Source: P.A. 102-504, eff. 12-1-21; 103-323, eff. 1-1-24.)
		HB4461 Enrolled	- 4 -	LRB104 16887 BAB 30298 b
1    Section 10. The Code of Civil Procedure is amended by
2changing Section 12-101 as follows:
3    (735 ILCS 5/12-101)  (from Ch. 110, par. 12-101)
4    Sec. 12-101. Lien of judgment. With respect to the
5creation of liens on real estate by judgments, all real estate
6in the State of Illinois is divided into 2 classes.
7    The first class consists of all real property, the title
8to which is registered under "An Act concerning land titles",
9approved May 1, 1897, as amended.
10    The second class consists of all real property not
11registered under "An Act concerning land titles".
12    As to real estate in class one, a judgment is a lien on the
13real estate of the person against whom it is entered for the
14same period as in class two, when Section 85 of "An Act
15concerning land titles", has been complied with.
16    As to real estate included within class two, a judgment is
17a lien on the real estate of the person against whom it is
18entered in any county in this State, including the county in
19which it is entered, only from the time a transcript,
20certified copy or memorandum of the judgment is filed in the
21office of the recorder in the county in which the real estate
22is located. The lien may be foreclosed by an action brought in
23the name of the judgment creditor or its assignee of record
24under Article XV in the same manner as a mortgage of real
25property, except that the redemption period shall be 6 months
		HB4461 Enrolled	- 5 -	LRB104 16887 BAB 30298 b
1from the date of sale and the real estate homestead exemption
2under Section 12-901 shall apply. A judgment resulting from
3the entry of an order requiring child support payments shall
4be a lien upon the real estate of the person obligated to make
5the child support payments, but shall not be enforceable in
6any county of this State until a transcript, certified copy,
7or memorandum of the lien is filed in the office of the
8recorder in the county in which the real estate is located. Any
9lien hereunder arising out of an order for support shall be a
10lien only as to and from the time that an installment or
11payment is due under the terms of the order. Further, the order
12for support shall not be a lien on real estate to the extent of
13payments made as evidenced by the records of the Clerk of the
14Circuit Court or State agency receiving payments pursuant to
15the order. In the event payments made pursuant to that order
16are not paid to the Clerk of the Circuit Court or a State
17agency, then each lien imposed by this Section may be released
18in the following manner:
19        (a) A Notice of Filing and an affidavit stating that
20    all installments of child support required to be paid
21    pursuant to the order under which the lien or liens were
22    imposed have been paid shall be filed with the office of
23    recorder in each county in which each such lien appears of
24    record, together with proof of service of such notice and
25    affidavit upon the recipient of such payments.
26        (b) Service of such affidavit shall be by any means
		HB4461 Enrolled	- 6 -	LRB104 16887 BAB 30298 b
1    authorized under Sections 2-203 and 2-208 of the Code of
2    Civil Procedure or under Supreme Court Rules 11 or 105(b).
3        (c) The Notice of Filing shall set forth the name and
4    address of the judgment debtor and the judgment creditor,
5    the court file number of the order giving rise to the
6    judgment and, in capital letters, the following statement:
7        YOU ARE HEREBY NOTIFIED THAT ON (insert date) THE
8    ATTACHED AFFIDAVIT WAS FILED IN THE OFFICE OF THE RECORDER
9    OF .... COUNTY, ILLINOIS, WHOSE ADDRESS IS ........,
10    ILLINOIS. IF, WITHIN 28 DAYS OF THE DATE OF THIS NOTICE,
11    YOU FAIL TO FILE AN AFFIDAVIT OBJECTING TO THE RELEASE OF
12    THE STATED JUDGMENT LIEN OR LIENS, IN THE ABOVE OFFICE,
13    SUCH JUDGMENT LIEN WILL BE DEEMED TO BE RELEASED AND NO
14    LONGER SUBJECT TO FORECLOSURE. THIS RELEASE OF LIEN WILL
15    NOT ACT AS A SATISFACTION OF SUCH JUDGMENT.
16        (d) If no affidavit objecting to the release of the
17    lien or liens is filed within 28 days of the Notice
18    described in paragraph (c) of this Section such lien or
19    liens shall be deemed to be released and no longer subject
20    to foreclosure.
21    A judgment is not a lien on real estate for longer than 7
22years from the time it is entered or revived, unless the
23judgment is revived within 7 years after its entry or last
24revival and a new memorandum of judgment is recorded prior to
25the judgment and its recorded memorandum of judgment becoming
26dormant.
		HB4461 Enrolled	- 7 -	LRB104 16887 BAB 30298 b
1    When a judgment is revived it is a lien on the real estate
2of the person against whom it was entered in any county in this
3State from the time a transcript, certified copy or memorandum
4of the order of revival is filed in the office of the recorder
5in the county in which the real estate is located.
6    A foreign judgment registered or filed pursuant to
7Sections 12-630 through 12-672 of this Act is a lien upon the
8real estate of the person against whom it was entered only from
9the time (1) a copy of the affidavit required by Section 12-653
10with a copy of the foreign judgment attached showing the
11filing in a court of this State or (2) a transcript, certified
12copy or memorandum of a final judgment of the court of this
13State entered on an action to enforce a foreign judgment is
14filed in the office of the recorder in the county in which the
15real estate is located. However, no such judgment shall be a
16lien on any real estate registered under "An Act concerning
17land titles", as amended, until Section 85 of that Act has been
18complied with.
19    The release of any transcript, certified copy or
20memorandum of judgment or order of revival which has been
21recorded shall be filed by the person receiving the release in
22the office of the recorder in which such judgment or order has
23been recorded.
24    Such release shall contain in legible letters a statement
25as follows:
26        FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL BE
		HB4461 Enrolled	- 8 -	LRB104 16887 BAB 30298 b
1    FILED WITH THE RECORDER OR THE REGISTRAR OF TITLES IN
2    WHOSE OFFICE THE LIEN WAS FILED.
3    The term "memorandum" as used in this Section means a
4memorandum or copy of the judgment signed by a judge or a copy
5attested by the clerk of the court entering it and showing the
6court in which entered, date, amount, number of the case in
7which it was entered, name of the party in whose favor and name
8and last known address of the party against whom entered. If
9the address of the party against whom the judgment was entered
10is not known, the memorandum or copy of judgment shall so
11state.
12    The term "memorandum" as used in this Section also means a
13memorandum or copy of a child support order signed by a judge
14or a copy attested by the clerk of the court entering it or a
15copy attested by the administrative body entering it.
16    This Section shall not be construed as showing an
17intention of the legislature to create a new classification of
18real estate, but shall be construed as showing an intention of
19the legislature to continue a classification already existing.
20    No judgment relating to unpaid medical debt may create a 
21lien on real property owned by the patient against whom the 
22judgment is entered that is the primary residence of the 
23patient.
24(Source: P.A. 97-350, eff. 1-1-12; 98-557, eff. 1-1-14.)
25    Section 99. Effective date. This Act takes effect on
26January 1, 2027.