Text: HF02451 Text: HF02453 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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PAG LIN 1 1 Section 1. Section 582.1, Code 1995, is amended to read as 1 2 follows: 1 3 582.1 NATURE OF LIEN. 1 4 Every association, corporation, county, or other 1 5 institution, including a municipal corporation, maintaining a 1 6 hospital in the state,which shall furnishand every licensed 1 7 professional who furnishes medical or other service to any 1 8 patient injured by reason of an accident not covered by the 1 9 workers' compensation Act, shall, ifsuchthe injured party 1 10shall assertasserts ormaintainmaintains a claim against 1 11 another for damages on account ofsuchthe injuries, have a 1 12 lien upon that part going or belonging tosuchthe patient of 1 13 any recovery or sum had or collected or to be collected by 1 14suchthe patient, or by the patient's heirs or personal 1 15 representatives in the case of the patient's death, whether by 1 16 judgment or by settlement or compromise to the amount of the 1 17 reasonable and necessary charges ofsuchthe hospital or 1 18 licensed professional, if applicable, for the treatment, care, 1 19 and maintenance ofsuchthe patient insuchthe hospital or by 1 20 the licensed professional, if applicable, up to the date of 1 21 payment ofsuchthe damages; provided, however, that this lien 1 22 shall not in any way prejudice or interfere with any lien or 1 23 contract which may be made bysuchthe patient or the 1 24 patient's heirs or personal representatives with any attorney 1 25 or attorneys for handling the claim on behalf of such patient, 1 26 the patient's heirs, or personal representatives; provided, 1 27 further, that the lienherein set forthshall not be applied 1 28 or considered valid against anyone coming under the workers' 1 29 compensation Act in this state. For the purposes of this 1 30 chapter, "licensed professional" means an individual licensed 1 31 to practice medicine and surgery pursuant to chapter 148, 1 32 licensed to practice osteopathic medicine and surgery pursuant 1 33 to chapter 150A, or licensed to practice chiropractic pursuant 1 34 to chapter 151. 1 35 Sec. 2. Section 582.2, Code 1995, is amended to read as 2 1 follows: 2 2 582.2 WRITTEN NOTICE OF LIEN. 2 3No suchA lien shall not be effective, however,unless a 2 4 written notice containing the name and address of the injured 2 5 person, the date of the accident, the name and location of the 2 6 hospital, the name of the licensed professional, if 2 7 applicable, and the name of the person or persons, firm or 2 8 firms, corporation or corporations alleged to be liable to the 2 9 injured party for the injuries received,shall beis filed in 2 10 the office of the clerk of the district court of the county in 2 11 whichsuchthe hospital is located or the licensed 2 12 professional practices, if applicable, prior to the payment of 2 13 any moneys tosuchthe injured person, the person's attorneys 2 14 or legal representative, as compensation forsuchthe 2 15 injuries; nor unless the hospital and the licensed 2 16 professional, if applicable, shall also mail, postage prepaid, 2 17 a copy ofsuchthe notice with a statement of the date of 2 18 filingthereofof the notice to the person or persons, firm or 2 19 firms, corporation or corporations alleged to be liable to the 2 20 injured party for the injuries sustained prior to the payment 2 21 of any moneys tosuchthe injured person, the person's 2 22 attorneys or legal representative, as compensation forsuch2 23 the injuries.SuchThe hospital shall mail a copy ofsuchthe 2 24 notice to any insurance carrier which has insuredsuchthe 2 25 person, firm, or corporation againstsuchthe liability, if 2 26 the name and addressshall beare known. 2 27 Sec. 3. Section 582.3, Code 1995, is amended to read as 2 28 follows: 2 29 582.3 DURATION AND ENFORCEMENT OF LIEN. 2 30 Any person or persons, firm or firms, corporation or 2 31 corporations, including an insurance carrier, making any 2 32 payment tosucha patient or to the patient's attorneys or 2 33 heirs or legal representatives as compensation for the injury 2 34 sustained, after the filing and mailing ofsuchthe notice 2 35 without paying tosuchthe hospital or any licensed 3 1 professional, if applicable, the amount ofitsthe lien or so 3 2 much thereof as can be satisfied out of the moneys due under 3 3 any final judgment or compromise or settlement agreement, 3 4 after paying the amount of any prior liens, shall, for a 3 5 period of one year from the date of payment tosuchthe 3 6 patient or the patient's heirs, attorneys, or legal 3 7 representatives, as aforesaid, be andremain liable tosuch3 8 the hospital or licensed professional, if applicable, for the 3 9 amount whichsuchthe hospital or licensed professional, if 3 10 applicable, was entitled to receiveas aforesaid; anysuch3 11 association, corporation, or other institution maintaining 3 12suchthe hospital or any licensed professional, if applicable, 3 13 may, withinsuchthe period, enforceitsthe lien by a suit at 3 14 law againstsuchthe person or persons, firm or firms, 3 15 corporation or corporations making anysuchpayment. 3 16 Sec. 4. Section 582.4, Code Supplement 1995, is amended to 3 17 read as follows: 3 18 582.4 LIEN BOOK – FEES. 3 19 Every clerk of the district court shall, at the expense of 3 20 the county, provide a suitable well-bound book to be called 3 21 the hospital and licensed professional lien docket in which, 3 22 upon the filing of any lien claim under the provisions of this 3 23 chapter, the clerk shall enter the name of the injured person, 3 24 the date of the accident, and the name of the hospital or 3 25 other institution or of the licensed professional, if 3 26 applicable, making the claim. The clerk shall make a proper 3 27 index of thesameclaim in the name of the injured person and 3 28 the clerk shall collect a fee of ten dollars for filing each 3 29 lien claim. 3 30 EXPLANATION 3 31 This bill provides for the establishment of a lien against 3 32 sums collected by a person, injured in an accident not covered 3 33 by the workers' compensation law, as damages, for payment of 3 34 licensed professionals, in addition to the existing lien which 3 35 may be maintained by a hospital providing care, treatment, and 4 1 maintenance to a patient. The bill defines a licensed 4 2 professional as an individual licensed to practice medicine 4 3 and surgery, osteopathic medicine and surgery, or 4 4 chiropractic. 4 5 LSB 3896HV 76 4 6 pf/sc/14
Text: HF02451 Text: HF02453 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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