305 ILCS 5/11-22
2021 Illinois Compiled Statutes|Chapter 305 - PUBLIC AID|305 ILCS 5/ - Illinois Public Aid Code.|Article XI - General Provisions Pertaining To Rights And Responsibilities Of Applicants And Recipients

 (from Ch. 23, par. 11-22)Sec. 11-22. Charge upon claims and causes of action for injuries. The Illinois Department shall have a charge upon all claims, demands and  causes of action for injuries to an applicant for or recipient of (i)  financial aid under Articles III, IV, and V, (ii) health care benefits provided under the Covering ALL KIDS Health Insurance Act, or (iii) health care benefits provided under the Veterans' Health Insurance Program Act or the Veterans' Health Insurance Program Act of 2008 for the total  amount of  medical assistance provided the recipient from the time of injury to the  date of recovery upon such claim, demand or cause of action.  In addition, if  the applicant or recipient was employable, as defined by the Department, at  the time of the injury, the Department shall also have a charge upon any  such claims, demands and causes of action for the total amount of aid  provided to the recipient and his  dependents, including all cash assistance and medical assistance  only to the extent includable in the claimant's action, from the  time of injury to the date of recovery upon such  claim, demand or cause of action.  Any definition of "employable"  adopted by the Department shall apply only to persons above the age of  compulsory school attendance.If the injured person was employable at the time of the injury and is  provided aid under Articles III, IV, or V and any dependent or  member of his family is provided aid under Article VI, or vice versa,  both the Illinois Department and the local governmental unit shall have  a charge upon such claims, demands and causes of action for the aid  provided to the injured person and any  dependent member of his family, including all cash assistance, medical  assistance and food stamps, from the time of the injury to the date  of recovery."Recipient", as used herein, means (i) in the case of financial aid provided under this Code, the grantee of record and any  persons whose needs are included in the financial aid provided to the  grantee of record or otherwise met by grants under the appropriate  Article of this Code for which such person is eligible, (ii) in the case of health care benefits provided under the Covering ALL KIDS Health Insurance Act, the child to whom those benefits are provided, and (iii) in the case of health care benefits provided under the Veterans' Health Insurance Program Act or the Veterans' Health Insurance Program Act of 2008, the veteran to whom benefits are provided.In each case, the notice shall be served by certified mail or  registered mail, or by facsimile or electronic messaging when requested by the party or parties against whom the applicant or recipient has a claim, demand, or cause of action, upon the party or parties against whom the applicant or  recipient has a claim, demand or cause of action.  The notice shall  claim the charge and describe the interest the Illinois Department, the  local governmental unit, or the county, has in the claim, demand, or  cause of action.  The charge shall attach to any verdict or judgment  entered and to any money or property which may be recovered on account  of such claim, demand, cause of action or suit from and after the time  of the service of the notice.On petition filed by the Illinois Department, or by the local  governmental unit or county if either is claiming a charge, or by the  recipient, or by the defendant, the court, on written notice to all  interested parties, may adjudicate the rights of the parties and enforce  the charge.  The court may approve the settlement of any claim, demand  or cause of action either before or after a verdict, and nothing in this  Section shall be construed as requiring the actual trial or final  adjudication of any claim, demand or cause of action upon which the  Illinois Department, the local governmental unit or county has charge.  The court may determine what portion of the recovery shall be paid to  the injured person and what portion shall be paid to the Illinois  Department, the local governmental unit or county having a charge  against the recovery.  In making this determination, the court shall conduct an evidentiary hearing  and shall consider competent evidence pertaining  to the following matters:(1) the amount of the charge sought to be enforced     against the recovery when expressed as a percentage of the gross amount of the recovery; the amount of the charge sought to be enforced against the recovery when expressed as a percentage of the amount obtained by subtracting from the gross amount of the recovery the total attorney's fees and other costs incurred by the recipient incident to the recovery; and whether the Department, unit of local government or county seeking to enforce the charge against the recovery should as a matter of fairness and equity bear its proportionate share of the fees and costs incurred to generate the recovery from which the charge is sought to be satisfied;(2) the amount, if any, of the attorney's fees and     other costs incurred by the recipient incident to the recovery and paid by the recipient up to the time of recovery, and the amount of such fees and costs remaining unpaid at the time of recovery;(3) the total hospital, doctor and other medical     expenses incurred for care and treatment of the injury to the date of recovery therefor, the portion of such expenses theretofore paid by the recipient, by insurance provided by the recipient, and by the Department, unit of local government and county seeking to enforce a charge against the recovery, and the amount of such previously incurred expenses which remain unpaid at the time of recovery and by whom such incurred, unpaid expenses are to be paid;(4) whether the recovery represents less than     substantially full recompense for the injury and the hospital, doctor and other medical expenses incurred to the date of recovery for the care and treatment of the injury, so that reduction of the charge sought to be enforced against the recovery would not likely result in a double recovery or unjust enrichment to the recipient;(5) the age of the recipient and of persons dependent     for support upon the recipient, the nature and permanency of the recipient's injuries as they affect not only the future employability and education of the recipient but also the reasonably necessary and foreseeable future material, maintenance, medical, rehabilitative and training needs of the recipient, the cost of such reasonably necessary and foreseeable future needs, and the resources available to meet such needs and pay such costs;(6) the realistic ability of the recipient to repay     in whole or in part the charge sought to be enforced against the recovery when judged in light of the factors enumerated above.The burden of producing evidence sufficient to support the exercise by  the court of its discretion to reduce the amount of a proven charge sought  to be enforced against the recovery shall rest with the party seeking such reduction.The court may reduce and apportion the Illinois  Department's lien proportionate to the recovery of the claimant.  The court may  consider the nature and extent of the injury, economic and noneconomic  loss, settlement offers, comparative negligence as it applies to the case  at hand, hospital costs, physician costs, and all other appropriate costs.  The Illinois Department shall pay its pro rata share of the attorney fees  based on the Illinois Department's lien as it compares to the total  settlement agreed upon.  This Section shall not affect the priority of an  attorney's lien under the Attorneys Lien Act.  The charges of  the Illinois Department described in this Section, however, shall take  priority over all other liens and charges existing under the laws of the  State of Illinois with the exception of the attorney's lien under said statute.Whenever the Department or any unit of local government  has a statutory charge under this Section against a recovery for damages  incurred by a recipient because of its advancement of any assistance, such  charge shall not be satisfied out of any recovery until the attorney's claim  for fees is satisfied, irrespective of whether or not an action based on  recipient's claim has been filed in court.This Section shall be inapplicable to any claim, demand or cause of  action arising under (a) the Workers' Compensation Act or the predecessor  Workers' Compensation Act  of  June 28, 1913, (b) the Workers' Occupational Diseases Act or the predecessor  Workers' Occupational  Diseases Act of March 16, 1936; and (c) the Wrongful Death Act.  (Source: P.A. 98-73, eff. 7-15-13.)