Bill Text: MS HB82 | 2013 | Regular Session | Comm Sub

Mississippi House Bill 82 (Prior Session Legislation)

Bill Title: Hospitals; provide lien for providing burn care.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-01-29 - Failed [HB82 Detail]

Download: Mississippi-2013-HB82-Comm_Sub.html

MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Judiciary A

By: Representative Baker

House Bill 82

(COMMITTEE SUBSTITUTE)

AN ACT TO CREATE A LIEN IN FAVOR OF PROVIDERS OF BURN CARE; TO PROVIDE THE PROCEDURE TO PERFECT THE LIEN; TO PROVIDE FOR THE FILING OF THE LIEN AND A FILING FEE; TO PRO ADDRESS RELEASES AND COVENANTS NOT TO SUE; TO PROVIDE THAT THIS ACT IS NOT APPLICABLE TO FUNDS DUE UNDER WORKERS' COMPENSATION; TO ADDRESS SETTLEMENTS AND RELEASES ENTERED INTO PRIOR TO ENTERING A FACILITY PROVIDING BURN CARE; TO PROVIDE THAT THIS ACT DOES NOT PROVIDE AN INDEPENDENT RIGHT OF ACTION; TO PROVIDE THAT GIVE A FALSE AFFIDAVIT SHALL BE PERJURY; TO AMEND SECTION 25-7-9, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR A FILING FEE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Except where the context otherwise requires in subsection (2) of this section, as used in this act, the term:

(a) "Hospital" means any hospital or nursing home subject to regulation and licensure by the State Department of Health.

(b) "Hospital care, treatment, or services" means care, treatment, or services furnished by a hospital or nursing home.

(d) "Physician practice" means any medical practice that includes one or more physicians licensed to practice medicine in this state.

(e) "Traumatic burn care medical practice" means care, treatment, or services rendered by a medical practice with respect to a patient whose burn care, treatment, or services arising out of a single accident or occurrence.

(2) Any person, firm, hospital authority, or corporation operating a hospital, nursing home, or physician practice or providing traumatic burn care medical practice in this state shall have a lien for the reasonable charges for hospital, nursing home, physician practice, or traumatic burn care medical practice care for treatment of an injured person for traumatic burn care, which lien shall be upon any and all causes of action accruing to the person to whom the care was furnished or to the legal representative of such person on account of injuries giving rise to the causes of action and which necessitated the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice care, subject, however, to any attorney's lien. The lien provided for in this subsection is only a lien against such causes of action and shall not be a lien against such injured person, such legal representative, or any other property or assets of such persons and shall not be evidence of such person's failure to pay a debt. This subsection shall not be construed to interfere with the exemption from this part provided by Section 5 of this act.

SECTION 2. (1) In order to perfect the lien provided for in Section 1 of this act, the operator of the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice:

(a) Shall, not less than fifteen (15) days prior to the date of filing the statement required under paragraph (b) of this subsection, provide written notice to the patient and, to the best of the claimant's knowledge, the persons, firms, corporations, and their insurers claimed by the injured person or the legal representative of the injured person to be liable for damages arising from the injuries and shall include in such notice a statement that the lien is not a lien against the patient or any other property or assets of the patient and is not evidence of the patient's failure to pay a debt. Such notice shall be sent to all such persons and entities by first-class and certified mail or statutory overnight delivery, return receipt requested; and

(b) Shall file in the office of the clerk of the chancery court of the county in which the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice is located and in the county wherein the patient resides, if a resident of this state, a verified statement setting forth the name and address of the patient as it appears on the records of the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice; the name and location of the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice and the name and address of the operator thereof; the dates of admission and discharge of the patient therefrom or with respect to a physician practice, the dates of treatment; and the amount claimed to be due for the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice care; and certification that the amount claimed is for treatment of traumatic burn care, which statement must be filed within the following time period:

(i) If the statement is filed by a hospital, nursing home, or provider of traumatic burn care medical practice, then the statement shall be filed within seventy-five (75) days after the person has been discharged from the facility; or

(ii) If the statement is filed by a physician practice, then the statement shall be filed within ninety (90) days after the person first sought treatment from the physician practice for the injury.

(2) The filing of the claim or lien shall be notice thereof to all persons, firms, or corporations liable for the damages, whether or not they received the written notice provided for in this section. The failure to perfect such lien by timely complying with the notice and filing provisions of paragraphs (a) and (b) of subsection (1) of this section shall invalidate such lien, except as to any person, firm, or corporation liable for the damages, which receives prior to the date of any release, covenant not to bring an action, or settlement, actual notice of a notice and filed statement made under subsection (1) of this section, via hand delivery, certified mail, return receipt requested, or statutory overnight delivery with confirmation of receipt.

SECTION 3. The clerk of the chancery court shall endorse the date and hour of filing on the statement filed pursuant to Section 2 of this act; and, at the expense of the county, the clerk shall provide a lien book with a proper index in which the clerk shall enter the date and hour of the filing; the names and addresses of the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice, the operators thereof, and the patient; and the amount claimed. The information shall be recorded in the name of the patient. The clerk shall receive a fee as required by Section 25-7-9 as his or her fee for such filing.

SECTION 4. (1) No release of the cause or causes of action or of any judgment thereon or any covenant not to bring an action thereon shall be valid or effectual against the lien created by Section 1 of this act unless the holder thereof shall join therein or execute a release of the lien; and the claimant or assignee of the lien may enforce the lien by an action against the person, firm, or corporation liable for the damages or such person, firm, or corporation's insurer. If the claimant prevails in the action, the court shall first award reasonable attorney's fees. The balance of the award shall be divided evenly between the lienholder and the claimant. Upon satisfaction of the lien, all remaining funds shall be awarded to the claimant. The action shall be commenced against the person liable for the damages or such person's insurer within one (1) year after the date the liability is finally determined by a settlement, by a release, by a covenant not to bring an action, or by the judgment of a court of competent jurisdiction.

(2) No release or covenant not to bring an action which is made before or after the patient was discharged from the hospital, nursing home, or provider of traumatic burn care medical practice or, with respect to a physician practice, which is made after the patient first sought treatment from the physician practice for the injuries shall be effective against the lien perfected in accordance with Section 2 of this act, if such lien is perfected prior to the date of the release, covenant not to bring an action, or settlement unless consented to by the lien claimant; provided, however, that any person, firm, or corporation which consummates a settlement, release, or covenant not to bring an action with the person to whom hospital, nursing home, physician practice, or traumatic burn care medical practice care, treatment, or services were furnished and which first procures from the injured party an affidavit as prescribed in subsection (3) of this section shall not be bound or otherwise affected by the lien except as provided in subsection (3) of this section, regardless of when the settlement, release, or covenant not to bring an action was consummated.

(3) The affidavit shall affirm:

(a) That all hospital, nursing home, physician practice, or provider of traumatic burn care medical practice bills incurred for treatment for the injuries for which a settlement is made have been fully paid; and

(b) The county of residence of such affiant, if a resident of this state; provided, however, that the person taking the affidavit shall not be protected thereby where the affidavit alleges the county of the affiant's residence and the lien of the claimant is at such time on file in the office of the chancery clerk and is recorded in the name of the patient as it appears in the affidavit.

SECTION 5. This act shall not apply to any monies becoming due under Workers' Compensation.

SECTION 6. No settlement or release entered into or executed prior to the entry of the injured party into the hospital, nursing home, or facility which provides traumatic burn care medical practice or prior to the time the patient first sought treatment from the physician practice for the injuries shall be affected by or subject to the terms of this act.

SECTION 7. This act shall not be construed to give any hospital, nursing home, physician practice, or provider of traumatic burn care medical practice referred to in this act an independent right of action to determine liability for injuries sustained by a person or firm.

SECTION 8. Any person who gives any false affidavit as provided by Section 4 of this act commits the offense of perjury.

SECTION 9. Section 25-7-9, Mississippi Code of 1972, is amended as follows:

25-7-9. (1) The clerks of the chancery courts shall charge the following fees:

(a) For the act of certifying copies of filed documents, for each complete document................................ $ 1.00

(b) (i) Recording each deed, will, lease, amendment, subordination, lien, release, cancellation, order, decree, oath, etc., per book and page listed where applicable; for the first fifteen (15) pages $ 10.00

............. Each additional page................... $ 1.00

(ii) Sectional index entries per section or subdivision lot...................................................... $ 1.00

(c) Recording each deed of trust, for the first fifteen (15) pages................................................. $ 15.00

Each additional page................... $ 1.00

Sectional index entries per section or subdivision lot .................................................... $ 1.00

(d) (i) Recording oil and gas leases, cancellations, etc., including indexing in general indices; for the first

fifteen (15) pages.................................... $ 18.00

Each additional page................... $ 1.00

(ii) Sectional index entries per section or subdivision lot...................................................... $ 1.00

(iii) Recording each oil and gas assignment

per assignee.......................................... $ 18.00

(e) (i) Furnishing copies of any papers of record or on file:

If performed by the clerk or his employee,

per page.............................................. $ .50

If performed by any other person,

per page.............................................. $ .25

(ii) Entering marginal notations on

documents of record................................... $ 1.00

(f) For each day's attendance on the board of supervisors, for himself and one (1) deputy, each...................... $ 20.00

(g) For other services as clerk of the board of supervisors an allowance shall be made to him (payable semiannually at the July and January meetings) out of the county treasury, an annual sum not exceeding...................................................... $3,000.00

(h) For each day's attendance on the chancery court, to be approved by the chancellor:

For the first chancellor sitting only, clerk and two (2) deputies, each........................................ $ 50.00

For the second chancellor sitting,

clerk only............................................ $ 50.00

Provided that the fees herein prescribed shall be the total remuneration for the clerk and his deputies for attending chancery court.

(i) On order of the court, clerks and not more than two (2) deputies may be allowed five (5) extra days for each term of court for attendance upon the court to get up records.

(j) For public service not otherwise specifically provided for, the chancery court may by order allow the clerk to be paid by the county on the order of the board of supervisors, an annual sum not exceeding...................................................... $5,000.00

(k) For each civil filing, to be deposited into the Civil Legal Assistance Fund....................................... $ 5.00

(l) Except for liens recorded under paragraph (b) of this subsection, for each lien filed pursuant to Section 1 through 8 of House Bill No.____, 2013 Regular Session............$ 50.00

The chancery clerk shall itemize on the original document a detailed fee bill of all charges due or paid for filing, recording and abstracting same. No person shall be required to pay such fees until same have been so itemized, but those fees may be demanded before the document is recorded.

(2) The following fees shall be a total fee for all services performed by the clerk with respect to a complaint which shall be payable upon filing and shall accrue to the chancery clerk at the time of filing. The clerk or his successor in office shall perform all duties set forth without additional compensation or fee to wit:

(a) Divorce to be contested................... $75.00

(b) Divorce uncontested....................... $30.00

(d) Removal of minority....................... $25.00

(e) Guardianship or conservatorship........... $75.00

(f) Estate of deceased, intestate............. $75.00

(g) Estate of deceased, testate............... $75.00

(h) Adoption.................................. $75.00

(i) Land dispute.............................. $75.00

(j) Injunction................................ $75.00

(k) Settlement of small claim................. $30.00

(l) Contempt in child support................. $75.00

(m) Partition suit............................ $75.00

(n) Any cross-complaint....................... $25.00

(o) Commitment................................ $75.00

(3) For every civil case filed:

(a) An additional fee to be deposited to the credit of the Comprehensive Electronic Court Systems Fund established

in Section 9-21-14....................................... $10.00

(b) An additional fee to be deposited to the

credit of the Judicial System Operation Fund established in

Section 9-21-45.......................................... $40.00

(4) Cost of process shall be borne by the issuing party. Additionally, should the attorney or person filing the pleadings desire the clerk to pay the cost to the sheriff for serving process on one (1) person or more, or to pay the cost of publication, the clerk shall demand the actual charges therefor, at the time of filing.

SECTION 10. This act shall take effect and be in force from and after July 1, 2013.