SENATE AMENDMENT

    Bill No. HB 4081

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Grant moved the following amendment:

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13         Senate Amendment 

14         On page 2, line 27, after the period

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

17  commercial, nongovernmental health insurance coverage through

18  a health maintenance organization or other nongovernmental

19  entity that is under contract with the hospital to provide

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

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

22  charges in effect at the time care and treatment were

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

24  hospital has contracted to accept from all sources for the

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

26  action by the patient against a third party for which the

27  settlement or judgment is less than or equal to a sum of the

28  debt actually due and owing the hospital, the plaintiff's

29  economic damages excepting the hospital lien, and attorney's

30  fees, the settlement or judgment will be equitably distributed

31  based on the pro rata reduction in the amount due the hospital

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    10:15 PM   04/29/98                               h4081b-13c6e




                                                  SENATE AMENDMENT

    Bill No. HB 4081

    Amendment No.    





 1  and the patient, including a pro rata reduction in the amount

 2  of reasonable attorney's fees and costs due the patient's

 3  attorney on that portion of the settlement or judgment

 4  attributable to the hospital lien and the hospital's attorney.

 5  In the event of a claim or action by the patient against a

 6  third party for which the settlement or judgment exceeds the

 7  debt actually due and owing the hospital but is not adequate

 8  to cover the amount actually due and owing the hospital, as

 9  well as the patient's attorney's fees and the plaintiff's

10  economic damages excepting the hospital lien, then the

11  settlement or judgment will be equitably distributed based on

12  a pro rata share of the amount due the hospital and the

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

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

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

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

17  or judgment, then the hospital's lien shall be subject to

18  assessment, by reduction, for plaintiff's attorney's fees,

19  which for the lien assessment shall be capped at 25 percent.

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    10:15 PM   04/29/98                               h4081b-13c6e