HOUSE AMENDMENT

    hbd-06                                        Bill No. HB 4743

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

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

12

13         Amendment 

14         On page 3, line 16, after the period

15

16  insert:  The lien is provided as security for, and attaches

17  only for, debts actually due and owning to the hospitals by

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

19  not recover in a direct action against a patient as a result

20  of any contractual arrangement between the patient, the

21  patient's insurer, and the hospital. In the event of an action

22  in tort against a third-party in which the patient or the

23  patient's legal representative is a party and in which the

24  amount of any judgment, award, or settlement from a

25  third-party, after reasonable costs and expenses of

26  litigation, is an amount equal to or less than 200 percent of

27  the amount of the debt owed to the hospital, then distribution

28  of the amount recovered shall be as follows:

29         1.  For purposes of reimbursing the hospital for

30  medical care, treatment or maintenance, the amount deducted

31  for the plaintiff's attorneys fee shall not exceed 25 percent

                                  1

    File original & 9 copies    04/24/98
    hbd0016                     02:51 pm         04743-0046-911851




                                                   HOUSE AMENDMENT

    hbd-06                                        Bill No. HB 4743

    Amendment No.     (for drafter's use only)





 1  of the award, judgment or settlement amount form a

 2  third-party, after reasonable costs and expenses of

 3  litigation, two-thirds of the remaining recovery shall be

 4  designated for medical care, treatment, or maintenance

 5  provided by the hospital.

 6         3.  The remaining amount from the recovery shall be

 7  paid to the recipient.

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  2

    File original & 9 copies    04/24/98
    hbd0016                     02:51 pm         04743-0046-911851