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Text: HF00082                           Text: HF00084
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House File 83

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 582.1, Code 1997, 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 furnish and 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, if such the injured party
  1 10 shall assert asserts or maintain maintains a claim against
  1 11 another for damages on account of such the injuries, have a
  1 12 lien upon that part going or belonging to such the patient of
  1 13 any recovery or sum had or collected or to be collected by
  1 14 such the 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 of such the hospital or
  1 18 licensed professional, if applicable, for the treatment, care,
  1 19 and maintenance of such the patient in such the hospital or by
  1 20 the licensed professional, if applicable, up to the date of
  1 21 payment of such the 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 by such the 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 lien herein set forth shall 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 or
  1 32 licensed to practice osteopathic medicine and surgery pursuant
  1 33 to chapter 150A.
  1 34    Sec. 2.  Section 582.2, Code 1997, is amended to read as
  1 35 follows:
  2  1    582.2  WRITTEN NOTICE OF LIEN.
  2  2    No such A lien shall not be effective, however, unless a
  2  3 written notice containing the name and address of the injured
  2  4 person, the date of the accident, the name and location of the
  2  5 hospital, the name of the licensed professional, if
  2  6 applicable, and the name of the person or persons, firm or
  2  7 firms, corporation or corporations alleged to be liable to the
  2  8 injured party for the injuries received, shall be is filed in
  2  9 the office of the clerk of the district court of the county in
  2 10 which such the hospital is located or the licensed
  2 11 professional practices, if applicable, prior to the payment of
  2 12 any moneys to such the injured person, the person's attorneys
  2 13 or legal representative, as compensation for such the
  2 14 injuries; nor unless the hospital and the licensed
  2 15 professional, if applicable, shall also mail, postage prepaid,
  2 16 a copy of such the notice with a statement of the date of
  2 17 filing thereof of the notice to the person or persons, firm or
  2 18 firms, corporation or corporations alleged to be liable to the
  2 19 injured party for the injuries sustained prior to the payment
  2 20 of any moneys to such the injured person, the person's
  2 21 attorneys or legal representative, as compensation for such
  2 22 the injuries.  Such The hospital shall mail a copy of such the
  2 23 notice to any insurance carrier which has insured such the
  2 24 person, firm, or corporation against such the liability, if
  2 25 the name and address shall be are known.
  2 26    Sec. 3.  Section 582.3, Code 1997, is amended to read as
  2 27 follows:
  2 28    582.3  DURATION AND ENFORCEMENT OF LIEN.
  2 29    Any person or persons, firm or firms, corporation or
  2 30 corporations, including an insurance carrier, making any
  2 31 payment to such a patient or to the patient's attorneys or
  2 32 heirs or legal representatives as compensation for the injury
  2 33 sustained, after the filing and mailing of such the notice
  2 34 without paying to such the hospital or any licensed
  2 35 professional, if applicable, the amount of its the lien or so
  3  1 much thereof as can be satisfied out of the moneys due under
  3  2 any final judgment or compromise or settlement agreement,
  3  3 after paying the amount of any prior liens, shall, for a
  3  4 period of one year from the date of payment to such the
  3  5 patient or the patient's heirs, attorneys, or legal
  3  6 representatives, as aforesaid, be and remain liable to such
  3  7 the hospital or licensed professional, if applicable, for the
  3  8 amount which such the hospital or licensed professional, if
  3  9 applicable, was entitled to receive as aforesaid; any such
  3 10 association, corporation, or other institution maintaining
  3 11 such the hospital or any licensed professional, if applicable,
  3 12 may, within such the period, enforce its the lien by a suit at
  3 13 law against such the person or persons, firm or firms,
  3 14 corporation or corporations making any such payment.
  3 15    Sec. 4.  Section 582.4, Code 1997, is amended to read as
  3 16 follows:
  3 17    582.4  LIEN BOOK – FEES.
  3 18    Every clerk of the district court shall, at the expense of
  3 19 the county, provide a suitable well-bound book to be called
  3 20 the hospital and licensed professional lien docket in which,
  3 21 upon the filing of any lien claim under the provisions of this
  3 22 chapter, the clerk shall enter the name of the injured person,
  3 23 the date of the accident, and the name of the hospital or
  3 24 other institution or of the licensed professional, if
  3 25 applicable, making the claim.  The clerk shall make a proper
  3 26 index of the same claim in the name of the injured person and
  3 27 the clerk shall collect a fee of ten dollars for filing each
  3 28 lien claim.  
  3 29                           EXPLANATION
  3 30   This bill provides for the establishment of a lien against
  3 31 sums collected by a person injured in an accident not covered
  3 32 by the workers' compensation law, as damages, for payment of
  3 33 licensed professionals, in addition to the existing lien which
  3 34 may be maintained by a hospital providing care, treatment, and
  3 35 maintenance to a patient.  The bill defines a licensed
  4  1 professional as an individual licensed to practice medicine
  4  2 and surgery or osteopathic medicine and surgery.  
  4  3 LSB 1249HH 77
  4  4 pf/sc/14
     
Text: HF00082                           Text: HF00084
Text: HF00000 - HF00099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index
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