Illinois Supreme Court Upholds Health Care Lien for Services to Minor Patients

By Adrienne Hersh, JD, ICS Legal Counsel · September 5, 20183 min read

Blue "decision" keyboard key — Illinois Supreme Court Upholds Health Care Lien for Services to Minor Patients

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Does Illinois law permit health care providers to file and enforce health care liens for services to minor patients (persons under 18 years of age) who have been injured in negligence cases? The short answer is “yes,” as recently confirmed by the Illinois Supreme Court.

In 2016, the Illinois Appellate Court heard the case of Manago v. County of Cook (2017 IL 121078), in which Stroger Hospital of Cook County attempted to enforce its health care lien for hospital services it had provided to a minor patient. The trial and appellate courts ruled held that the hospital did not have a valid lien under the Health Care Services Lien Act (Lien Act).

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About the Author

Adrienne Hersh, JD, ICS Legal Counsel

Adrienne serves as Illinois Chiropractic Society general counsel and provides legal advice and support on a wide range of legal issues affecting chiropractic physicians, including licensing and other health care regulations, scope of practice, insurance and reimbursement, business structuring, labor and employment, contracts, and litigation. Adrienne previously served for 8 years as general counsel to the Illinois Department of Professional Regulation (now the Division of Professional Regulation, Department of Financial and Professional Regulation), where she was chief legal counsel responsible for overseeing all legal issues and advising the 50+ licensing and disciplinary boards, including the Medical Disciplinary Board and the Medical Licensing Board. She is a member of the Illinois State Bar Association Health Care Section, the Illinois Association of Healthcare Attorneys, and the National Association of Chiropractic Attorneys.