Georgia House of Representatives - 1995/1996 Sessions

HB 157 - Physician's liens; perfecting; applicability

Page Numbers - 1/ 2

Code Sections - 43-34-47/ 43-34-48/ 43-34-49

1. Randall  127th         2. Mobley  69th            3. Turnquest  73rd


House Comm: Judy       / SJudy          Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/11/95  Read 1st Time                                                                
              1/12/95  Read 2nd Time                                                                
              2/15/95  Recommitted                                                                  
              ----------------------------------------                                              
Withdrawn and Recommitted                                                                           
                                                                                                    
Code Sections amended: 43-34-47, 43-34-48, 43-34-49                                                 


HB 157                                            LC 19 2252






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 2 of Chapter 34 of Title 43 of the Official
  1- 2  Code of Georgia Annotated, relating to physicians, so as to
  1- 3  provide for a lien on services performed; to provide for
  1- 4  manner of perfecting liens; to provide for the applicability
  1- 5  to certain other health care providers; to provide for
  1- 6  related matters; to repeal conflicting laws; and for other
  1- 7  purposes.

  1- 8       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1- 9  Article 2 of Chapter 34 of Title 43 of the Official Code of
  1-10  Georgia Annotated, relating to physicians, is amended by
  1-11  adding to the end thereof new Code Sections 43-34-47 through
  1-12  43-34-49 to read as follows:

  1-13    "43-34-47. (Index)

  1-14    Any physician licensed to practice medicine in this state
  1-15    shall have a lien for the reasonable charges for care and
  1-16    treatment of any person treated by such physician.  Any
  1-17    lien taken shall be upon any and all causes of action
  1-18    accruing to the person to whom the care and treatment was
  1-19    furnished or to the legal representative of such person on
  1-20    account of the matter giving rise to the cause of action
  1-21    and which necessitated the physician's care and treatment
  1-22    subject, however, to any attorney's or hospital's lien.

  1-23    43-34-48. (Index)

  1-24    In order to perfect the lien provided for in Code Section
  1-25    43-34-47, the physician, within 30 days after the person
  1-26    has been discharged therefrom, shall file in the office of
  1-27    the clerk of the superior court of the county in which the
  1-28    physician resides and in the county wherein the patient
  1-29    resides, if a resident of this state, a verified statement
  1-30    setting forth the name and address of the patient as it
  1-31    appears on the records of such physician; the name and
  1-32    address of the physician; the dates of care and treatment



                                 -1- (Index)

                                                  LC 19 2252

  2- 1    of the patient therefrom; the amount claimed to be due for
  2- 2    the physician's care; and, to the best of the claimant's
  2- 3    knowledge, the names and addresses of all persons, firms,
  2- 4    or corporations claimed by the injured person or the legal
  2- 5    representative of the person to be liable for damages
  2- 6    arising from the injuries. Such claimant shall also,
  2- 7    within one day after the filing of the claim or lien, mail
  2- 8    a copy thereof to any person, firm, or corporation claimed
  2- 9    to be liable for the damages, said copy to be mailed to
  2-10    the address given in the statement. The filing of the
  2-11    claim or lien shall be notice thereof to all persons,
  2-12    firms, or corporations liable for the damages, whether or
  2-13    not they are named in the claim or lien.

  2-14    43-34-49. (Index)

  2-15    The lien provisions in Code Section 43-34-47 and the
  2-16    procedures for their protection provided in Code Section
  2-17    43-34-48 shall be applicable to any health care provider
  2-18    as defined in Code Section 31-36-3."

                         SECTION 2.

  2-19  All laws and parts of laws in conflict with this Act are
  2-20  repealed.

























                                 -2- (Index)