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Text: HF00447                           Text: HF00449
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House File 448

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,
  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 1997, is amended to read as
  2  1 follows:
  2  2    582.2  WRITTEN NOTICE OF LIEN.
  2  3    No such A 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 be is filed in
  2 10 the office of the clerk of the district court of the county in
  2 11 which such the hospital is located or in which the principal
  2 12 office of the licensed professional is located, if applicable,
  2 13 prior to the payment of any moneys to such the injured person,
  2 14 the person's attorneys or legal representative, as
  2 15 compensation for such the injuries; nor unless the hospital
  2 16 and the licensed professional, if applicable, shall also mail,
  2 17 postage prepaid, a copy of such the notice with a statement of
  2 18 the date of filing thereof of the notice to the person or
  2 19 persons, firm or firms, corporation or corporations alleged to
  2 20 be liable to the injured party for the injuries sustained
  2 21 prior to the payment of any moneys to such the injured person,
  2 22 the person's attorneys or legal representative, as
  2 23 compensation for such the injuries.  Such The hospital or the
  2 24 licensed professional, as applicable shall mail a copy of such
  2 25 the notice to any insurance carrier which has insured such the
  2 26 person, firm, or corporation against such the liability, if
  2 27 the name and address shall be are known.
  2 28    Sec. 3.  Section 582.3, Code 1997, is amended to read as
  2 29 follows:
  2 30    582.3  DURATION AND ENFORCEMENT OF LIEN.
  2 31    Any person or persons, firm or firms, corporation or
  2 32 corporations, including an insurance carrier, making any
  2 33 payment to such a patient or to the patient's attorneys or
  2 34 heirs or legal representatives as compensation for the injury
  2 35 sustained, after the filing and mailing of such the notice
  3  1 without paying to such the hospital or any licensed
  3  2 professional, if applicable, the amount of its the lien or so
  3  3 much thereof as can be satisfied out of the moneys due under
  3  4 any final judgment or compromise or settlement agreement,
  3  5 after paying the amount of any prior liens, shall, for a
  3  6 period of one year from the date of payment to such the
  3  7 patient or the patient's heirs, attorneys, or legal
  3  8 representatives, as aforesaid, be and remain liable to such
  3  9 the hospital or licensed professional, if applicable, for the
  3 10 amount which such the hospital or licensed professional, if
  3 11 applicable, was entitled to receive as aforesaid; any such
  3 12 association, corporation, or other institution maintaining
  3 13 such the hospital or any licensed professional, if applicable,
  3 14 may, within such the period, enforce its the lien by a suit at
  3 15 law against such the person or persons, firm or firms,
  3 16 corporation or corporations making any such payment.
  3 17    Sec. 4.  Section 582.4, Code 1997, is amended to read as
  3 18 follows:
  3 19    582.4  LIEN BOOK – FEES.
  3 20    Every clerk of the district court shall, at the expense of
  3 21 the county, provide a suitable well-bound book to be called
  3 22 the hospital and licensed professional lien docket in which,
  3 23 upon the filing of any lien claim under the provisions of this
  3 24 chapter, the clerk shall enter the name of the injured person,
  3 25 the date of the accident, and the name of the hospital or
  3 26 other institution or of the licensed professional, if
  3 27 applicable, making the claim.  The clerk shall make a proper
  3 28 index of the same claim in the name of the injured person and
  3 29 the clerk shall collect a fee of ten dollars for filing each
  3 30 lien claim.
  3 31    Sec. 5.  NEW SECTION.  582.5  SATISFACTION OF LIEN –
  3 32 PENALTY.
  3 33    When the amount due under a lien established by this
  3 34 chapter is paid off, or satisfied in full, the hospital or
  3 35 licensed professional entitled to the proceeds thereof, or
  4  1 those acting for the hospital or licensed professional, must
  4  2 acknowledge satisfaction of the lien upon the record of the
  4  3 lien, or by the execution of an instrument referring to the
  4  4 lien, duly acknowledged and filed in the office of the clerk
  4  5 in every county where the lien is recorded.  A failure to do
  4  6 so within thirty days after having been requested in writing
  4  7 shall subject the delinquent hospital or licensed professional
  4  8 to a penalty of one hundred dollars plus reasonable attorney
  4  9 fees incurred by the party aggrieved, to be recovered in an
  4 10 action for the satisfaction or acknowledgment by the party
  4 11 aggrieved.  
  4 12 HF 448
  4 13 pf/pk/25
     
Text: HF00447                           Text: HF00449
Text: HF00400 - HF00499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index
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