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HB 288 - Hospitals; liens; prohibit filing before insurance settlement

Jamieson, Mary Jeanette (22nd)

Status Summary	HC:	Judy	SC:		FR:	01/28/99	LA:	01/29/99	H - Read 2nd Time

First Reader Summary

A BILL to amend Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to hospital liens, so as to change the manner of filing and perfecting hospital liens; and for other purposes.

Code Sections - 44-14-471

HB 288                                             LC 18 9287 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Part 8 of Article 8 of Chapter 14 of Title 44 of 
  1- 2  the Official Code of Georgia Annotated, relating to hospital 
  1- 3  liens, so as to change the manner of filing and perfecting 
  1- 4  hospital liens; to provide for procedures; to provide for 
  1- 5  criminal penalties; to provide for an effective date; to 
  1- 6  repeal conflicting laws; and for other purposes. 
 
  1- 7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 8                           SECTION 1. 
 
  1- 9  Part 8 of Article 8 of Chapter 14 of Title 44 of the 
  1-10  Official Code of Georgia Annotated, relating to hospital 
  1-11  liens, is amended by striking Code Section 44-14-471, 
  1-12  relating to the filing and perfecting of hospital liens, and 
  1-13  inserting in its place a new Code Section 44-14-471, to read 
  1-14  as follows: 
 
  1-15    "44-14-471. 
 
  1-16    (a) In order to perfect the lien provided for in Code 
  1-17    Section 44-14-470, the operator of the hospital, within 30 
  1-18    days after the person has been discharged therefrom the 
  1-19    time period specified in subsection (b) of this Code 
  1-20    section and only in strict accordance with the 
  1-21    requirements of subsection (b) of this Code section, shall 
  1-22    file in the office of the clerk of the superior court of 
  1-23    the county in which the hospital is located and in the 
  1-24    county wherein the patient resides, if a resident of this 
  1-25    state, a verified statement setting forth the name and 
  1-26    address of the patient as it appears on the records of 
  1-27    such hospital; the name and location of the hospital and 
  1-28    the name and address of the operator thereof; the dates of 
  1-29    admission and discharge of the patient therefrom; the 
  1-30    amount claimed to be due for the hospital care; and, to 
  1-31    the best of the claimant's knowledge, the names and 
  1-32    addresses of all persons, firms, or corporations claimed 
  1-33    by the injured person or the legal representative of the 
  1-34    person to be liable for damages arising from the injuries. 
 
 
 
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  2- 1    Such claimant shall also, within one day after the filing 
  2- 2    of the claim or lien, mail a copy thereof to any person, 
  2- 3    firm, or corporation claimed to be liable for the damages, 
  2- 4    said copy to be mailed to the address given in the 
  2- 5    statement. The filing of the claim or lien shall be notice 
  2- 6    thereof to all persons, firms, or corporations liable for 
  2- 7    the damages, whether or not they are named in the claim or 
  2- 8    lien. 
 
  2- 9    (b) No claim or lien shall be filed under subsection (a) 
  2-10    of this Code section unless and until all insurance claims 
  2-11    regarding the amount claimed to be due for the hospital 
  2-12    care have been finally settled and paid as evidenced by a 
  2-13    written explanation of benefits of the primary insurer and 
  2-14    secondary insurer, if any.  Within 30 days of the date of 
  2-15    the last such written explanation of benefits, the 
  2-16    operator of the hospital shall give written notice to the 
  2-17    patient of any amount still claimed to be due.  Such 
  2-18    notice shall provide the patient with a period of not less 
  2-19    than 60 days to make final payment of such amount and 
  2-20    shall indicate that a lien may be filed under subsection 
  2-21    (a) of this Code section at the expiration of such period 
  2-22    if final payment is not received. 
 
  2-23    (c) Any person who violates any provision of subsection 
  2-24    (b) of this Code section shall be guilty of misdemeanor." 
 
  2-25                           SECTION 2. 
 
  2-26  This Act shall become effective upon its approval by the 
  2-27  Governor or upon its becoming law without such approval. 
 
  2-28                           SECTION 3. 
 
  2-29  All laws and parts of laws in conflict with this Act are 
  2-30  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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