ILCS » Chapter 770 · Act 23
Illinois Compiled Statutes

770 ILCS 23/10 (2026)

Lien created; limitation

✓ current as of May 2026
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(770 ILCS 23/10)
    Sec. 10. Lien created; limitation.
    (a) Every health care professional and health care provider that renders any service in the treatment, care, or maintenance of an injured person, except services rendered under the provisions of the Workers' Compensation Act or the Workers' Occupational Diseases Act, shall have a lien upon all claims and causes of action of the injured person for the amount of the health care professional's or health care provider's reasonable charges up to the date of payment of damages to the injured person. The total amount of all liens under this Act, however, shall not exceed 40% of the verdict, judgment, award, settlement, or compromise secured by or on behalf of the injured person on his or her claim or right of action.
    (b) The lien shall include a written notice containing the name and address of the injured person, the date of the injury, the name and address of the health care professional or health care provider, and the name of the party alleged to be liable to make compensation to the injured person for the injuries received. The lien notice shall be served on both the injured person and the party against whom the claim or right of action exists. Notwithstanding any other provision of this Act, payment in good faith to any person other than the healthcare professional or healthcare provider claiming or asserting such lien prior to the service of such notice of lien shall, to the extent of the payment so made, bar or prevent the creation of an enforceable lien. Service shall be made by registered or certified mail or in person.
    (c) All health care professionals and health care providers holding liens under this Act with respect to a particular injured person shall share proportionate amounts within the statutory limitation set forth in subsection (a). The statutory limitations under this Section may be waived or otherwise reduced only by the lienholder. No individual licensed category of health care professional (such as physicians) or health care provider (such as hospitals) as set forth in Section 5, however, may receive more than one-third of the verdict, judgment, award, settlement, or compromise secured by or on behalf of the injured person on his or her claim or right of action. If the total amount of all liens under this Act meets or exceeds 40% of the verdict, judgment, award, settlement, or compromise, then:
        (1) all the liens of health care professionals shall
    
not exceed 20% of the verdict, judgment, award, settlement, or compromise; and
        (2) all the liens of health care providers shall not
    
exceed 20% of the verdict, judgment, award, settlement, or compromise;
provided, however, that health care services liens shall be satisfied to the extent possible for all health care professionals and health care providers by reallocating the amount unused within the aggregate total limitation of 40% for all health care services liens under this Act; and provided further that the amounts of liens under paragraphs (1) and (2) are subject to the one-third limitation under this subsection.
     If the total amount of all liens under this Act meets or exceeds 40% of the verdict, judgment, award, settlement, or compromise, the total amount of all the liens of attorneys under the Attorneys Lien Act shall not exceed 30% of the verdict, judgment, award, settlement, or compromise. If an appeal is taken by any party to a suit based on the claim or cause of action, however, the attorney's lien shall not be affected or limited by the provisions of this Act.
    (d) If services furnished by health care professionals and health care providers are billed at one all-inclusive rate, the total reasonable charges for those services shall be reasonably allocated among the health care professionals and health care providers and treated as separate liens for purposes of this Act, including the filing of separate lien notices. For services provided under an all-inclusive rate, the liens of health care professionals and health care providers may be asserted by the entity that bills the all-inclusive rate.
    (e) Payments under the liens shall be made directly to the health care professionals and health care providers. For services provided under an all-inclusive rate, payments under liens shall be made directly to the entity that bills the all-inclusive rate.
(Source: P.A. 93-51, eff. 7-1-03.)

    
Notes of Decisions
Cited in 38 cases (5 in the last 5 years), 2007–2025 · leading case: Manago v. The Cnty. of Cook, 2016 IL App (1st) 121365 (Ill. App. Ct. 2016).
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Manago v. The Cnty. of Cook, 2016 IL App (1st) 121365 (Ill. App. Ct. 2016). · cites it 13× “770 ILCS 23/10 (West 2008). By ensuring that health care professionals and providers are compensated for their services, statutes like the Act lessen the burden on hospitals and other medical providers imposed by nonpaying accident cases and induce hospitals to receive or…”
Progressive Universal Ins. v. Taylor, 874 N.E.2d 910 (Ill. App. Ct. 2007). · cites it 13× “Ironically, Carle disagrees with Jake and Joyce that it has a lien under section 10 of the Health Care Services Lien Act (770 ILCS 23/10 (West 2004)). It is unclear why Carle thinks it has no hen.”
Manago v. The Cnty. of Cook, 2017 IL 121078 (Ill. 2017). · cites it 7× “" 770 ILCS 23/10 (West 2012). Section 20 of the Lien Act states: "The lien of a *** health care provider under this Act shall, from and after the time of the service of the lien notice, attach to any verdict, judgment, award, settlement, or compromise secured by or on behalf of…”
Jayko v. Fraczek, 2012 IL App (1st) 103665 (Ill. App. Ct. 2012). · cites it 6× “” 770 ILCS 23/10(a) (West 2004). Although section 10(a) limits the combined amount of all health care liens to 40% of the settlement, it does not preclude the various health care providers from collecting the rest of the debt that is owed.”
Jayko v. Fraczek, 966 N.E.2d 1121 (Ill. App. Ct. 2012). · cites it 8× “" 770 ILCS 23/10(a) (West 2004). Although section 10(a) limits the combined amount of all health care liens to 40% of the settlement, it does not preclude the various health care providers from collecting the rest of the debt that is owed.”
McVey v. M.L.K. Enter., LLC, 2015 IL 118143 (Ill. 2015). · cites it 6× “OPINION ¶1 The sole issue in this health care lien adjudication case is whether under section 10 of the Health Care Services Lien Act (Act) (770 ILCS 23/10 (West 2012)), attorney fees and costs must be deducted from a verdict, judgment, award, settlement, or compromise prior to…”
Wendling v. S. Illinois Hosp. Servs., 950 N.E.2d 646 (Ill. 2011). · cites it 3× “” 770 ILCS 23/10(a) (West 2008). The total amount of all health care hens filed with respect to an individual plaintiff is hmited to 40% of the judgment or settlement.”
Galvan v. Nw. Mem'l Hosp., 888 N.E.2d 529 (Ill. App. Ct. 2008). · cites it 2× “Section 10 of the Health Care Services Lien Act (Lien Act) (770 ILCS 23/10(a) (West 2004)), provides: "Every health care professional and health care provider that renders any service in the treatment, care, or maintenance of an injured person * * * shall have a lien upon all…”
McVey v. M.L.K. Enter., LLC, 2015 IL 118143 (Ill. 2015). · cites it 7× “OPINION ¶1 The sole issue in this health care lien adjudication case is whether under section 10 of the Health Care Services Lien Act (Act) (770 ILCS 23/10 (West 2012)), attorney fees and costs must be deducted from a verdict, judgment, award, settlement, or compromise prior to…”
Manago v. Cnty. of Cook, 2017 IL 121078 (Ill. 2018). · cites it 6× “” 770 ILCS 23/10 (West 2012). Section 20 of the Lien Act states: 3 If, however, our construction of the relevant statutory language does not comport with the legislature’s original intent, we encourage it to use its policy-making authority to consider an amendment to the Lien…”
Wolf v. Toolie, 2014 IL App (1st) 132243 (Ill. App. Ct. 2014). · cites it 8× “See 770 ILCS 23/10 (West 2012) (“the amounts of liens *** are subject to the one-third limitation under this subsection”).”
Constantinou v. Global Fin. Credit, LLC, 2021 IL App (1st) 192325 (Ill. App. Ct. 2021). · cites it 2× “” 770 ILCS 23/10(a) (West 2018). The total amount of all liens under the Lien Act, however, may not exceed “40% of the verdict, judgment, award, settlement, or compromise secured by or on behalf of the injured person on his or her claim or right of action.”
Show all 38 citing cases →
— 770 ILCS 23/10(a) — 30 cases
Progressive Universal Ins. v. Taylor, 874 N.E.2d 910 (Ill. App. Ct. 2007). “Ironically, Carle disagrees with Jake and Joyce that it has a lien under section 10 of the Health Care Services Lien Act (770 ILCS 23/10 (West 2004)). It is unclear why Carle thinks it has no hen.”
Manago v. The Cnty. of Cook, 2016 IL App (1st) 121365 (Ill. App. Ct. 2016). “770 ILCS 23/10 (West 2008). By ensuring that health care professionals and providers are compensated for their services, statutes like the Act lessen the burden on hospitals and other medical providers imposed by nonpaying accident cases and induce hospitals to receive or…”
Galvan v. Nw. Mem'l Hosp., 888 N.E.2d 529 (Ill. App. Ct. 2008). “Section 10 of the Health Care Services Lien Act (Lien Act) (770 ILCS 23/10(a) (West 2004)), provides: "Every health care professional and health care provider that renders any service in the treatment, care, or maintenance of an injured person * * * shall have a lien upon all…”
Wendling v. S. Illinois Hosp. Servs., 950 N.E.2d 646 (Ill. 2011). “” 770 ILCS 23/10(a) (West 2008). The total amount of all health care hens filed with respect to an individual plaintiff is hmited to 40% of the judgment or settlement.”
Manago v. The Cnty. of Cook, 2017 IL 121078 (Ill. 2017). “" 770 ILCS 23/10 (West 2012). Section 20 of the Lien Act states: "The lien of a *** health care provider under this Act shall, from and after the time of the service of the lien notice, attach to any verdict, judgment, award, settlement, or compromise secured by or on behalf of…”
— 770 ILCS 23/10(b) — 14 cases
Jayko v. Fraczek, 2012 IL App (1st) 103665 (Ill. App. Ct. 2012). “” 770 ILCS 23/10(a) (West 2004). Although section 10(a) limits the combined amount of all health care liens to 40% of the settlement, it does not preclude the various health care providers from collecting the rest of the debt that is owed.”
Jayko v. Fraczek, 966 N.E.2d 1121 (Ill. App. Ct. 2012). “" 770 ILCS 23/10(a) (West 2004). Although section 10(a) limits the combined amount of all health care liens to 40% of the settlement, it does not preclude the various health care providers from collecting the rest of the debt that is owed.”
Manago v. The Cnty. of Cook, 2016 IL App (1st) 121365 (Ill. App. Ct. 2016). “770 ILCS 23/10 (West 2008). By ensuring that health care professionals and providers are compensated for their services, statutes like the Act lessen the burden on hospitals and other medical providers imposed by nonpaying accident cases and induce hospitals to receive or…”
Wolf v. Toolie, 2014 IL App (1st) 132243 (Ill. App. Ct. 2014). “See 770 ILCS 23/10 (West 2012) (“the amounts of liens *** are subject to the one-third limitation under this subsection”).”
Smith v. Hammel, 2014 IL App (5th) 130227 (Ill. App. Ct. 2014).
— 770 ILCS 23/10(c) — 9 cases
Manago v. The Cnty. of Cook, 2016 IL App (1st) 121365 (Ill. App. Ct. 2016). “770 ILCS 23/10 (West 2008). By ensuring that health care professionals and providers are compensated for their services, statutes like the Act lessen the burden on hospitals and other medical providers imposed by nonpaying accident cases and induce hospitals to receive or…”
Manago v. The Cnty. of Cook, 2017 IL 121078 (Ill. 2017). “" 770 ILCS 23/10 (West 2012). Section 20 of the Lien Act states: "The lien of a *** health care provider under this Act shall, from and after the time of the service of the lien notice, attach to any verdict, judgment, award, settlement, or compromise secured by or on behalf of…”
McVey v. M.L.K. Enter., LLC, 2015 IL 118143 (Ill. 2015). “OPINION ¶1 The sole issue in this health care lien adjudication case is whether under section 10 of the Health Care Services Lien Act (Act) (770 ILCS 23/10 (West 2012)), attorney fees and costs must be deducted from a verdict, judgment, award, settlement, or compromise prior to…”
McVey v. M.L.K. Enter., LLC, 2015 IL 118143 (Ill. 2015). “OPINION ¶1 The sole issue in this health care lien adjudication case is whether under section 10 of the Health Care Services Lien Act (Act) (770 ILCS 23/10 (West 2012)), attorney fees and costs must be deducted from a verdict, judgment, award, settlement, or compromise prior to…”
Manago v. Cnty. of Cook, 2017 IL 121078 (Ill. 2018). “” 770 ILCS 23/10 (West 2012). Section 20 of the Lien Act states: 3 If, however, our construction of the relevant statutory language does not comport with the legislature’s original intent, we encourage it to use its policy-making authority to consider an amendment to the Lien…”
— 770 ILCS 23/10(c)(2) — 2 cases
Wendling v. S. Illinois Hosp. Servs., 950 N.E.2d 646 (Ill. 2011). “” 770 ILCS 23/10(a) (West 2008). The total amount of all health care hens filed with respect to an individual plaintiff is hmited to 40% of the judgment or settlement.”
Wendling v. S. Illinois Hosp. Servs. (Ill. 2011).
— 770 ILCS 23/10(e) — 1 case
Constantinou v. Global Fin. Credit, LLC, 2021 IL App (1st) 192325 (Ill. App. Ct. 2021). “” 770 ILCS 23/10(a) (West 2018). The total amount of all liens under the Lien Act, however, may not exceed “40% of the verdict, judgment, award, settlement, or compromise secured by or on behalf of the injured person on his or her claim or right of action.”
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