SENATE AMENDMENT

    Bill No. SB 2604

    Amendment No.    

                            CHAMBER ACTION
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11  Senators Hargrett, Lee and Crist moved the following amendment

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14         Senate Amendment 

15         On page 2, line 27, after the period,

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17  insert:  If the patient is covered by or is a beneficiary of

18  commercial, nongovernmental health insurance coverage through

19  a health maintenance organization or other nongovernmental

20  entity that is under contract with the hospital to provide

21  care to the patient at the time care and treatment are

22  delivered, then the lien shall be limited to the covered

23  charges in effect at the time care and treatment were

24  delivered, and the lien shall not exceed the amount that the

25  hospital has contracted to accept from all sources for the

26  care and treatment of the patient. In the event of a claim or

27  action by the patient against a third party and the settlement

28  or judgment is less than or equal to a sum of the debt

29  actually due and owing the hospital, the settlement or

30  judgment will be equitably distributed based on the pro rata

31  reduction in the amount due the hospital and the patient,

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    12:20 PM   04/30/98                               s2604b-21j01




                                                  SENATE AMENDMENT

    Bill No. SB 2604

    Amendment No.    





 1  including a pro rata reduction in the amount of reasonable

 2  attorney's fees and costs due the patient's attorney on that

 3  portion of the settlement or judgment attributable to the

 4  hospital's lien. In the event of a claim or action by the

 5  patient against a third party, and the settlement or judgment

 6  is greater than the debt actually due and owing the hospital,

 7  but not adequate to cover the amount actually due and owing

 8  the hospital, as well as the patient's attorney's fees, then

 9  the settlement or judgment will be equitably distributed based

10  on a pro rata share of the amount due the hospital and the

11  patient, including a pro rata share for the amount of

12  reasonable attorney's fees and costs due the patient's

13  attorney and the hospital's attorney. In the event litigation

14  is filed to recover a plaintiff's damages through settlement

15  or judgment, then the hospital's lien actually collected shall

16  be subject to assessment, by reduction, for plaintiff's

17  attorney's fees, which for the lien assessment shall be capped

18  at 25 percent.

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