HOUSE AMENDMENT

    hbd-06                                        Bill No. HB 4743

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  Representative(s) D. Prewitt offered the following:

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13         Amendment 

14         On page 3, line 16, of the bill

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16  after the period insert:  The lien is provided as security

17  for, and attaches only for, debts actually due and owing to

18  the hospitals by their patients, and not to any sums that the

19  hospitals could not recover in a direct action against a

20  patient as a result of any contractual arrangement between the

21  patient, the patient's insurer, and the hospital. The lien

22  must be reduced by the hospital's pro rata share of the costs

23  expended by the persons claiming the right to recover,

24  including the cost of reasonable attorney's fees for the

25  claimant's attorney. The lien may not be greater than

26  two-thirds of the amount remaining from the proceeds of the

27  judgment, settlement or settlement agreement after the

28  deduction of attorney's fees and other reasonable costs and

29  expenses of litigation.

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    File original & 9 copies    04/24/98
    hbd0007                     02:56 pm         04743-0046-261219