ILCS » Chapter 770 · Act 23
Illinois Compiled Statutes

770 ILCS 23/50 (2026)

Subrogation claims

✓ current as of May 2026
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(770 ILCS 23/50)
    Sec. 50. Subrogation claims. If a subrogation claim or other right of reimbursement claim that arises out of the payment of medical expenses or other benefits exists with respect to a claim for personal injury or death, and the personal injury or death estate claimant's recovery is diminished:
        (1) by comparative fault; or
        (2) by reason of the uncollectibility of the full
    
value of the claim for personal injury or death resulting from limited liability insurance;
the subrogation claim or other right of reimbursement claim shall be diminished in the same proportion as the personal injury or death estate claimant's recovery is diminished. Unless otherwise agreed by the interested parties, the amount of comparative fault and the full value of the claim shall be determined by the court having jurisdiction over the matter.
    After reduction of the subrogation claim or other right of reimbursement claim due to either comparative fault or limited liability insurance, or both, the party asserting the subrogation claim or other right of reimbursement claim shall bear a pro rata share of the personal injury or death estate claimant's attorneys fees and litigation expenses. This Section 50 does not apply to any holder of a lien under the Workers' Compensation Act, the Workers' Occupational Diseases Act, or this Act including, but not limited to, licensed long-term care facilities, physicians, and hospitals, or to claims made to recoup uninsured payments pursuant to Section 143a of the Illinois Insurance Code or underinsured payments pursuant to Section 143a-2 of the Illinois Insurance Code. A subrogation claim or other right of reimbursement claim may be adjudicated even when a lien has not been filed regarding such claim.
(Source: P.A. 97-1042, eff. 1-1-13.)

    
Notes of Decisions
Cited in 2 cases, 2016–2016 · leading case: McKim v. S. Illinois Hosp. Servs., 2016 IL App (5th) 140405 (Ill. App. Ct. 2016).
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McKim v. S. Illinois Hosp. Servs., 2016 IL App (5th) 140405 (Ill. App. Ct. 2016). “” 770 ILCS 23/50 (West 2012). Even if we assumed that Medicare and Medicaid held subrogation interests, this section is preempted by the Medicare Secondary Payer Act and conflicts with the Public Aid Code, and it therefore does not apply in this case.”
McKim v. S. Illinois Hosp. Servs., 2016 IL App (5th) 140405 (Ill. App. Ct. 2016). “" 770 ILCS 23/50 (West 2012). Even if we assumed that Medicare and Medicaid held subrogation interests, this section is preempted by the Medicare Secondary Payer Act and conflicts with the Public Aid Code, and it therefore does not apply in this case.”
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