HB 1055

1	A bill to be entitled
2	An act relating to Lake County; amending chapter 93-346,
3	Laws of Florida; providing for liens in favor of
4	physicians licensed under chapter 458 or chapter 459,
5	Florida Statutes, in Lake County upon causes of action,
6	suits, claims, counterclaims, and demands accruing to
7	patients who received physician services in Lake County
8	hospitals, or the patients? legal representatives, and
9	upon judgments, settlements, and settlement agreements, on
10	account of illness or injury of such patients, for all
11	reasonable charges incurred before filing the claim of
12	lien for physician services rendered in the hospital;
13	providing for a method of perfecting and enforcing such
14	liens; providing duties of the Clerk of the Circuit Court
15	of Lake County; requiring claims for liens to be recorded
16	and providing for recording fees; providing for validity
17	of a release or satisfaction of an action, suit, claim,
18	counterclaim, demand, judgment, settlement, or settlement
19	agreement against a lien under certain circumstances;
20	specifying actions constituting impairment of a lien;
21	entitling lienholders to actions for damages for such
22	impairment; specifying actions in satisfaction of a lien;
23	providing for recovery of attorney?s fees and expenses
24	under certain circumstances; prohibiting recovery of
25	damages for physician and hospital care, treatment, and
26	maintenance unless a claimant has paid certain costs;
27	providing an exception; providing for intervention by a
28	lienholder and for verdict and judgment in favor of a
29	lienholder in certain cases; providing an exemption for
30	matters within the purview of the Worker?s Compensation
31	Law of this state; providing an effective date.
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1.  Chapter 93-346, Laws of Florida, is amended to
36	read:
37	Section 1.  Each Every individual, partnership, firm,
38	association, corporation, institution, and governmental unit,
39	and every combination of any of the foregoing, operating a
40	hospital licensed under chapter 395, Florida Statutes, in Lake
41	County, and each physician licensed to practice medicine
42	pursuant to chapter 458 or chapter 459, Florida Statutes, or any
43	governmental agency paying for hospital charges or medical
44	treatment of individuals in Lake County shall have be entitled
45	to a lien subject to the limitations of this act for all
46	reasonable charges for such hospital and physician care,
47	treatment, and maintenance rendered in that hospital, prior to
48	filing the claim of lien, to of all ill or injured persons upon
49	any and all causes of action, suits, claims, counterclaims, and
50	demands, accruing to the persons to whom such care, treatment,
51	or maintenance is are furnished, or accruing to the legal
52	representative of such persons, and upon all judgments,
53	settlements, and settlement agreements rendered or entered into
54	by virtue thereof, on account of illness or injury giving rise
55	to such causes of action actions, suits, claims, counterclaims,
56	demands, judgments, settlement, or settlement agreements
57	agreement, which necessitated or shall have necessitated such
58	hospital and physician care, treatment, and maintenance. The
59	above-referenced lien shall be limited to the lesser of the
60	following: reasonable charges for care and treatment or two-
61	thirds of the net amount of settlement or judgment after
62	deducting the reasonable cost of procuring the settlement or
63	judgment.  Reasonable costs of procuring the settlement or
64	judgment include reasonable attorney?s fees.
65	Section 2.  In order to perfect such a lien, the physician
66	or the executive officer or duly appointed agent of a hospital
67	or responsible governmental officer shall, before or within 180
68	days after any such person shall have been discharged from the
69	hospital, file in the office of the Clerk of the Circuit Court
70	in Lake County the county in which the hospital is located, a
71	verified claim in writing setting forth the name and address of
72	the patient as they appear it appears on the records of the
73	hospital or physician, the name and location of the hospital or
74	physician, the name and address of the executive officer or
75	agent of the hospital or physician, the dates of admission of
76	the patient to and discharge from the hospital of the patient
77	therefrom, the amount claimed to be due for the hospital or
78	physician care, treatment, and maintenance rendered in the
79	hospital before the claim of lien was filed, and, to the best
80	knowledge of the person signing the such claim, the names and
81	addresses of all persons, firms, or corporations claimed by such
82	ill or injured person or by the legal representative of such
83	person, to be liable on account of such illness or injury. The
84	hospital shall file the verified claim of lien only as to
85	hospital services rendered by or on behalf of the hospital
86	before filing the claim of lien, and the physician shall file
87	the verified claim of lien only as to physician services
88	rendered by or on behalf of the physician services rendered in
89	the hospital before filing the claim of lien. The lienholder
90	injuries; the claimant shall also, within 7 business days after
91	the filing of such claim of or lien, mail a copy thereof via
92	registered mail, postage prepaid, to each person, firm, or
93	corporation claimed to be liable on account of such illness or
94	injuries, at the address set forth in the verified claim. The
95	filing of the claim shall be notice thereof to all persons,
96	firms, or corporations who may be liable on account of such
97	illness or injury, whether or not they are named in the claim of
98	or lien, and whether or not they have received a copy of the
99	claim shall have been received by them.
100	Section 3.  The Clerk of the Circuit Court of Lake County
101	shall endorse on the claim the date and hour of filing and shall
102	record the claim in the official records of Lake County.  The
103	Clerk of the Circuit Court of Lake County His office shall be
104	paid by the lienholder claimant, for the filing and recording of
105	each claim, the same fee as provided for filing and recording
106	other instruments under the recording laws.
107	Section 4.  A No release or satisfaction of any action,
108	suit, claim, counterclaim, demand, judgment, settlement, or
109	settlement agreement is invalid and ineffectual or of any of
110	them, shall be valid or effectual against such lien unless the
111	lienholder joins shall join therein or executes execute a
112	release of the lien. Any acceptance of a release or satisfaction
113	of any cause of action, suit, claim, counterclaim, demand, or
114	judgment and any settlement of any of the foregoing in the
115	absence of a release or satisfaction of lien referred to in this
116	act constitutes shall prima facie evidence of constitute an
117	impairment of the lien, and the lienholder is shall be entitled
118	to an action at law for damages on account of such impairment,
119	and, in such action, may recover from the one accepting the
120	release or satisfaction or making the settlement the reasonable
121	costs cost of the hospital care, treatment, and maintenance.
122	Satisfaction of any judgment rendered in favor of the lienholder
123	in any such action operates shall operate as a satisfaction of
124	the lien. Any action by the lienholder must shall be brought in
125	the court having jurisdiction in the amount of the lienholder?s
126	claims claim and may be brought and maintained in Lake County
127	the county in which the lienholder has his, or its, or their
128	residence or place of business. If the lienholder prevails shall
129	prevail in such action, the lienholder is shall be entitled to
130	recover from the defendant, in addition to costs otherwise
131	allowed by law, all reasonable attorney?s fees and expenses
132	incident to the matter.
133	Section 5.  Notwithstanding the lien created by this act,
134	the amount recovered in a judgment, award, or settlement subject
135	to this act must be distributed and the lien extinguished as
136	follows:
137	(1)  After attorney?s fees and taxable costs as defined by
138	the Florida Rules of Civil Procedure have been paid, up to 60
139	percent of the remaining amount recovered must be distributed to
140	the lienholders pro rata up to the total amount of reasonable
141	charges for medical services provided in the hospital by the
142	lienholders.
143	(2)  At least 40 percent of the remaining amount recovered
144	must be paid to the patient.
145
146	Upon such distribution, the lienholder shall promptly file in
147	the office of the Clerk of the Circuit Court in Lake County a
148	satisfaction of the lien and shall cause it to be recorded in
149	the official records of Lake County.
150	Section 6.  For purposes of this act, the reasonable
151	charges due and owing to the lienholder must be determined by
152	reducing the patient?s reasonable charges by the amount of any
153	health insurance payment or obligation or any other
154	reimbursement paid or owed to the lienholder on behalf of the
155	patient by any health care policy, plan, or program. The lien
156	may not exceed the amount that the lienholder would be legally
157	entitled to recover directly from the patient after all payments
158	on behalf of the patient have been made by health care policies,
159	plans, or programs to which the patient is legally entitled. If
160	the lienholder?s charges are reduced by any third-party payor as
161	a result of any agreement or contract between the lienholder and
162	the third-party payor, or as a result of state or federal law,
163	the patient is entitled to a similar reduction in any copayment
164	charges billed to the patient.
165	Section 7.5.  A No person is not shall be entitled to
166	recover or receive damages on account of hospital care,
167	treatment, and maintenance provided by any individual,
168	partnership, firm, association, corporation, institution, or
169	governmental unit or any combination of any of the foregoing,
170	operating a hospital or provided by any physician subject to
171	this act in Lake County unless the person he shall affirmatively
172	shows show that he or she has paid the costs thereof. However,
173	in any action, suit, or counterclaim brought on account of
174	illness or injury, the plaintiff or counterclaimant may include
175	as an item of damages the cost of such hospital care, treatment,
176	and maintenance, if, before prior to the trial of the action,
177	the plaintiff or counterclaimant notifies he shall have notified
178	the lienholder referred to in this act of the pendency of the
179	such action or counterclaim,; whereupon such lienholder has
180	shall have the right, without leave of court, to intervene in
181	the case and prove the reasonable costs cost of such hospital
182	care, treatment, and maintenance. Any verdict that is may be
183	rendered in favor of the plaintiff or counterclaimant must shall
184	set forth the amount the jury finds to be due to the lienholder
185	for the such hospital care, treatment, and maintenance, and the
186	name of the such lienholder. Any judgment rendered in the case
187	in favor of the plaintiff or counterclaimant must shall also be
188	in favor of the lienholder in the amount set forth by the jury?s
189	verdict.
190	Section 8.6.  This act is inapplicable to incidents The
191	provisions of this act shall not be applicable to the accidents
192	or injuries within the purview of the Worker?s Compensation Law
193	of this state within the State of Florida.
194	Section 9.7.  If any section, paragraph, sentence, clause,
195	phrase, or other part of this act should be declared
196	unconstitutional, or if this act should be declared inapplicable
197	in any case, such declaration shall not affect the remainder of
198	this act or nor the applicability thereof in any other case.
199	Section 2.  This act shall take effect upon becoming a law.

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