ILCS » Chapter 740 · Act 92
Illinois Compiled Statutes

740 ILCS 92/5 (2026)

Patient and client procurement

✓ current as of May 2026
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(740 ILCS 92/5)
    Sec. 5. Patient and client procurement.
    (a) Except as otherwise permitted or authorized by law, it is unlawful to knowingly offer or pay any remuneration directly or indirectly, in cash or in kind, to induce any person to procure clients or patients to obtain services or benefits under a contract of insurance or that will be the basis for a claim against an insured person or the person's insurer. Nothing in this Act shall be construed to affect any contracts or arrangements between or among insuring entities including health maintenance organizations, health care professionals, or health care facilities which are hereby excluded.
    (b) A person who violates any provision of this Act, Section 17-8.5 or Section 17-10.5 of the Criminal Code of 1961 or the Criminal Code of 2012, or Article 46 of the Criminal Code of 1961 shall be subject, in addition to any other penalties that may be prescribed by law, to a civil penalty of not less than $5,000 nor more than $10,000, plus an assessment of not more than 3 times the amount of each claim for compensation under a contract of insurance. The court shall have the power to grant other equitable relief, including temporary injunctive relief, as is necessary to prevent the transfer, concealment, or dissipation of illegal proceeds, or to protect the public. The penalty prescribed in this subsection shall be assessed for each fraudulent claim upon a person in which the defendant participated.
    (c) The penalties set forth in subsection (b) are intended to be remedial rather than punitive, and shall not preclude, nor be precluded by, a criminal prosecution for the same conduct. If the court finds, after considering the goals of disgorging unlawful profit, restitution, compensating the State for the costs of investigation and prosecution, and alleviating the social costs of increased insurance rates due to fraud, that such a penalty would be punitive and would preclude, or be precluded by, a criminal prosecution, the court shall reduce that penalty appropriately.
(Source: P.A. 97-1150, eff. 1-25-13.)

    
Notes of Decisions
Cited in 7 cases, 2017–2020 · leading case: State ex rel. Leibowitz v. Fam. Vision Care, LLC, 2020 IL 124754 (Ill. 2020).
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State ex rel. Leibowitz v. Fam. Vision Care, LLC, 2020 IL 124754 (Ill. 2020). · cites it 4× “740 ILCS 92/5(b) (West 2016). The complaint is based on defendants’ alleged insurance fraud against VSP in violation of section 17-10.”
United States ex rel. Youn v. Sklar, 273 F. Supp. 3d 889 (N.D. Ill. 2017). · cites it 3× “As relevant here, Section 5 of the IICF-PA titled “Patient and Client Procurement,” 740 ILCS 92/5, creates liability in two circumstances.”
State ex rel. Leibowitz v. Fam. Vision Care, LLC, 2020 IL 124754 (Ill. 2020). · cites it 4× “740 ILCS 92/5(b) (West 2016). The complaint is based on defendants’ alleged insurance fraud against VSP in violation of section 17-10.”
State of Illinois ex rel. Leibowitz v. Fam. Vision Care, LLC, 2019 IL App (1st) 180697 (Ill. App. Ct. 2019). · cites it 2× “Conversely, a person who violates the Act is subject to a civil penalty "plus an assessment of not more than 3 times the amount of each claim for compensation under a contract of insurance," and the law permits a relator to recover not "less than 30% of the proceeds of the…”
State ex rel. Leibowitz v. Fam. Vision Care, LLC, 2019 IL App (1st) 180697 (Ill. App. Ct. 2019). “) 740 ILCS 92/5(b), 25(a)-(b) (West 2016). Family Vision Care argues that use of the word “assessment” rather than “damages” in light of the language in Vermont Agency and Scachitti, indicates that the Act was not intended to allow private individuals to litigate a violation on…”
Advanced Physicians, S.C. v. Provena Glenwood Med. Imaging, 2018 IL App (3d) 170296 (Ill. App. Ct. 2018). “1990) (defining a qui tam action as "an action brought by an informer, under a statute which establishes a penalty for the commission or omission of a certain act, and provides that the same shall be recoverable in a civil action, part of the penalty to go to any person who will…”
Advanced Physicians, S.C. v. Provena Glenwood Med. Imaging, 2018 IL App (3d) 170296 (Ill. App. Ct. 2019). “See 740 ILCS 92/5(a), 15(a) (West 2006). Actions brought by an “interested” person under the Act are qui tam actions.”
— 740 ILCS 92/5(a) — 3 cases
United States ex rel. Youn v. Sklar, 273 F. Supp. 3d 889 (N.D. Ill. 2017). “As relevant here, Section 5 of the IICF-PA titled “Patient and Client Procurement,” 740 ILCS 92/5, creates liability in two circumstances.”
Advanced Physicians, S.C. v. Provena Glenwood Med. Imaging, 2018 IL App (3d) 170296 (Ill. App. Ct. 2018). “1990) (defining a qui tam action as "an action brought by an informer, under a statute which establishes a penalty for the commission or omission of a certain act, and provides that the same shall be recoverable in a civil action, part of the penalty to go to any person who will…”
Advanced Physicians, S.C. v. Provena Glenwood Med. Imaging, 2018 IL App (3d) 170296 (Ill. App. Ct. 2019). “See 740 ILCS 92/5(a), 15(a) (West 2006). Actions brought by an “interested” person under the Act are qui tam actions.”
— 740 ILCS 92/5(b) — 5 cases
State ex rel. Leibowitz v. Fam. Vision Care, LLC, 2020 IL 124754 (Ill. 2020). “740 ILCS 92/5(b) (West 2016). The complaint is based on defendants’ alleged insurance fraud against VSP in violation of section 17-10.”
United States ex rel. Youn v. Sklar, 273 F. Supp. 3d 889 (N.D. Ill. 2017). “As relevant here, Section 5 of the IICF-PA titled “Patient and Client Procurement,” 740 ILCS 92/5, creates liability in two circumstances.”
State ex rel. Leibowitz v. Fam. Vision Care, LLC, 2019 IL App (1st) 180697 (Ill. App. Ct. 2019). “) 740 ILCS 92/5(b), 25(a)-(b) (West 2016). Family Vision Care argues that use of the word “assessment” rather than “damages” in light of the language in Vermont Agency and Scachitti, indicates that the Act was not intended to allow private individuals to litigate a violation on…”
State of Illinois ex rel. Leibowitz v. Fam. Vision Care, LLC, 2019 IL App (1st) 180697 (Ill. App. Ct. 2019). “Conversely, a person who violates the Act is subject to a civil penalty "plus an assessment of not more than 3 times the amount of each claim for compensation under a contract of insurance," and the law permits a relator to recover not "less than 30% of the proceeds of the…”
State ex rel. Leibowitz v. Fam. Vision Care, LLC, 2020 IL 124754 (Ill. 2020). “740 ILCS 92/5(b) (West 2016). The complaint is based on defendants’ alleged insurance fraud against VSP in violation of section 17-10.”
— 740 ILCS 92/5(c) — 3 cases
State ex rel. Leibowitz v. Fam. Vision Care, LLC, 2020 IL 124754 (Ill. 2020). “740 ILCS 92/5(b) (West 2016). The complaint is based on defendants’ alleged insurance fraud against VSP in violation of section 17-10.”
State ex rel. Leibowitz v. Fam. Vision Care, LLC, 2020 IL 124754 (Ill. 2020). “740 ILCS 92/5(b) (West 2016). The complaint is based on defendants’ alleged insurance fraud against VSP in violation of section 17-10.”
State of Illinois ex rel. Leibowitz v. Fam. Vision Care, LLC, 2019 IL App (1st) 180697 (Ill. App. Ct. 2019). “Conversely, a person who violates the Act is subject to a civil penalty "plus an assessment of not more than 3 times the amount of each claim for compensation under a contract of insurance," and the law permits a relator to recover not "less than 30% of the proceeds of the…”
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