House Bill 4743e1

                                          HB 4743, First Engrossed



  1                      A bill to be entitled

  2         An act relating to Pinellas County and

  3         municipalities in Pinellas County; authorizing

  4         the Board of County Commissioners of Pinellas

  5         County for unincorporated areas and for the

  6         boards of the municipalities within Pinellas

  7         County to provide by ordinance for liens in

  8         favor of all operators of hospitals in Pinellas

  9         County and in favor of Pinellas County when it

10         pays for medical care, treatment, or

11         maintenance of qualifying residents of the

12         county and hospitals within such

13         municipalities, respectively, upon all causes

14         of action, suits, claims, counterclaims, and

15         demands accruing to persons to whom care,

16         treatment, or maintenance is furnished by such

17         hospital or is paid for by Pinellas County on

18         behalf of a qualifying resident of the county

19         or accruing to legal representatives of such

20         persons, and upon all judgments, settlements,

21         and settlement agreements entered into by

22         virtue thereof on account of illness, injury,

23         deformity, infirmity, abnormality, disease, or

24         pregnancy giving rise to such causes of action,

25         suits, claims, counterclaims, demands,

26         judgments, settlements, or settlement

27         agreements, and which necessitates such care,

28         treatment, or maintenance; authorizing the

29         Board of County Commissioners of Pinellas

30         County and the board of the Pinellas County

31         municipalities to provide by ordinance for the


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CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4743, First Engrossed



  1         attachment, perfection, priority, and

  2         enforcement of such liens and for such

  3         procedural and other matters as may be

  4         necessary or appropriate to carry out the

  5         purpose of such ordinances; providing a limit

  6         on the amount of liens against patients who

  7         have certain insurance coverage; providing

  8         guidelines for pro rata distribution of

  9         settlements and judgments; providing an

10         effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  The Board of County Commissioners of

15  Pinellas County for unincorporated areas of the county and the

16  boards of the municipalities of the cities within Pinellas

17  County are authorized to provide by ordinance for liens in

18  favor of all operators of hospitals in Pinellas County and in

19  favor of Pinellas County when it pays for medical care,

20  treatment, or maintenance of qualifying residents of the

21  county and in such municipalities within Pinellas County upon

22  all causes of action, suits, claims, counterclaims, and

23  demands accruing to persons to whom care, treatment, or

24  maintenance is furnished by such hospital or is paid by

25  Pinellas County on behalf of qualifying residents of the

26  county, or accruing to the legal representative of such

27  persons, and upon all judgments, settlements, and settlement

28  agreements entered into by virtue thereof on account of

29  illness, injury, deformity, infirmity, abnormality, disease,

30  or pregnancy giving rise to such causes of action, suits,

31  claims, counterclaims, demands, judgments, settlements, and


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CODING: Words stricken are deletions; words underlined are additions.






                                          HB 4743, First Engrossed



  1  settlement agreements, and which necessitated such care,

  2  treatment, or maintenance; and to provide by ordinance by the

  3  municipalities and county for the attachment, perfection,

  4  priority, and enforcement of such liens and for procedural and

  5  other matters as may be necessary or appropriate to carry out

  6  the purposes of ordinances. If the patient has commercial,

  7  nongovernmental health insurance coverage through a health

  8  maintenance organization at the time care and treatment are

  9  delivered, the lien shall be limited to the covered charges in

10  effect at the time care and treatment were delivered. In the

11  event of a claim or action by the patient against a third

12  party in which the settlement or judgment is less than or

13  equal to the debt actually due and owing the hospital, the

14  settlement or judgment will be equitably distributed based on

15  a pro rata reduction in the amount due the hospital and the

16  patient, including a pro rata reduction in the amount of

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

18  attorney and the hospital's attorney. In the event of a claim

19  or action by the patient against a third party in which the

20  settlement or judgment is greater than the debt actually due

21  and owing the hospital then the settlement or judgment will be

22  equitably distributed based on a pro rata share of the amount

23  due the hospital and the patient, including a pro rata share

24  for the amount of reasonable attorney's fees and costs due the

25  patient's attorney, the hospital's attorney, and

26  non-contracted and non-employed physicians.

27         Section 2.  This act shall take effect upon becoming a

28  law.

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