HOUSE AMENDMENT

    hbd4743-06                                    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) Sublette and D. Pruitt offered the

12  following:

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14         Amendment 

15         On page 3, line 16,

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17  after the period insert:

18         The lien is provided as security for, and attaches only

19  for, debts actually due and owing to the hospitals by their

20  patients, and not to any sums that the hospitals could not

21  recover in a direct action against a patient as a result of

22  any contractual arrangement between the patient, the patient's

23  insurer, and the hospital. The lien shall be for an amount

24  that the court may determine to be the hospital's pro rata

25  share for the debt owed the hospital for medical care,

26  treatment or maintained furnished by such hospital, less its

27  pro rata share of court costs expended by the plaintiff in the

28  prosecution of the suit including reasonable attorney's fees

29  for the plaintiff's attorney. In determining the hospital's

30  pro rata share of those costs and attorney's fees, the

31  hospital shall have deducted from its recovery a percentage

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    File original & 9 copies    04/24/98
    hbd0021                     02:51 pm         04743-0040-311991




                                                   HOUSE AMENDMENT

    hbd4743-06                                    Bill No. HB 4743

    Amendment No.     (for drafter's use only)





 1  amount equal to the percentage of the judgment or settlement

 2  which is for costs and attorney's fees. Subject to this

 3  deduction, the hospital shall recovery from the judgment or

 4  settlement, after costs and attorney's fees incurred by the

 5  patient or patient's representative in that suit have been

 6  deducted, 100 percent of the debt owed the hospital, except,

 7  if the patient or the patient's representative can demonstrate

 8  to the court that he or she did not recover full value of

 9  damages sustained, the hospital shall recover from the

10  judgment or settlement, after costs and attorney's fees

11  incurred by the patient or patient's representative in that

12  suit have been deducted, a percentage of the debt owed the

13  hospital equal to the percentage that the patient's net

14  recovery is of the full value of the patient's damages.

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    File original & 9 copies    04/24/98
    hbd0021                     02:51 pm         04743-0040-311991