Senate Bill sb1726

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    Florida Senate - 2004        (NP)                      SB 1726

    By Senators Cowin and Dockery





    20-313A-04

  1                      A bill to be entitled

  2         An act relating to Lake County; amending

  3         chapter 93-346, Laws of Florida; providing for

  4         liens in favor of physicians licensed under

  5         chapter 458 or chapter 459, Florida Statutes,

  6         in Lake County upon causes of action, suits,

  7         claims, counterclaims, and demands accruing to

  8         patients who received physician services in

  9         Lake County hospitals, or the patients' legal

10         representatives, and upon judgments,

11         settlements, and settlement agreements, on

12         account of illness or injury of such patients,

13         for all reasonable charges incurred before

14         filing the claim of lien for physician services

15         rendered in the hospital; providing for a

16         method of perfecting and enforcing such liens;

17         providing duties of the Clerk of the Circuit

18         Court of Lake County; requiring claims for

19         liens to be recorded and providing for

20         recording fees; providing for validity of a

21         release or satisfaction of an action, suit,

22         claim, counterclaim, demand, judgment,

23         settlement, or settlement agreement against a

24         lien under certain circumstances; specifying

25         actions constituting impairment of a lien;

26         entitling lienholders to actions for damages

27         for such impairment; specifying actions in

28         satisfaction of a lien; providing for recovery

29         of attorney's fees and expenses under certain

30         circumstances; prohibiting recovery of damages

31         for physician and hospital care, treatment, and

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    Florida Senate - 2004        (NP)                      SB 1726
    20-313A-04




 1         maintenance unless a claimant has paid certain

 2         costs; providing an exception; providing for

 3         intervention by a lienholder and for verdict

 4         and judgment in favor of a lienholder in

 5         certain cases; providing an exemption for

 6         matters within the purview of the Worker's

 7         Compensation Law of this state; providing an

 8         effective date.

 9  

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

11  

12         Section 1.  Chapter 93-346, Laws of Florida, is amended

13  to read:

14         Section 1.  Each Every individual, partnership, firm,

15  association, corporation, institution, and governmental unit,

16  and every combination of any of the foregoing, operating a

17  hospital licensed under chapter 395, Florida Statutes, in Lake

18  County, and each physician licensed to practice medicine

19  pursuant to chapter 458 or chapter 459, Florida Statutes, or

20  any governmental agency paying for hospital charges or medical

21  treatment of individuals in Lake County shall have be entitled

22  to a lien subject to the limitations of this act for all

23  reasonable charges for such hospital and physician care,

24  treatment, and maintenance rendered in that hospital, prior to

25  filing the claim of lien, to of all ill or injured persons

26  upon any and all causes of action, suits, claims,

27  counterclaims, and demands, accruing to the persons to whom

28  such care, treatment, or maintenance are furnished, or

29  accruing to the legal representative of such persons, and upon

30  all judgments, settlements, and settlement agreements rendered

31  or entered into by virtue thereof, on account of illness or

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    Florida Senate - 2004        (NP)                      SB 1726
    20-313A-04




 1  injury giving rise to such causes of action actions, suits,

 2  claims, counterclaims, demands, judgments, settlement, or

 3  settlement agreements agreement, which necessitated or shall

 4  have necessitated such hospital and physician care, treatment,

 5  and maintenance. The above-referenced lien shall be limited to

 6  the lesser of the following: reasonable charges for care and

 7  treatment or two-thirds of the net amount of settlement or

 8  judgment after deducting the reasonable cost of procuring the

 9  settlement or judgment. Reasonable costs of procuring the

10  settlement or judgment include reasonable attorney's fees.

11         Section 2.  In order to perfect such a lien, the

12  physician or the executive officer or duly appointed agent of

13  a hospital or responsible governmental officer shall, before

14  or within 180 days after any such person shall have been

15  discharged from the hospital, file in the office of the Clerk

16  of the Circuit Court in Lake County the county in which the

17  hospital is located, a verified claim in writing setting forth

18  the name and address of the patient as it appears on the

19  records of the hospital or physician, the name and location of

20  the hospital or physician, the name and address of the

21  executive officer or agent of the hospital or physician, the

22  dates of admission to and discharge of the patient therefrom,

23  the amount claimed to be due for the hospital or physician

24  care, treatment, and maintenance rendered in the hospital

25  before the claim of lien was filed, and, to the best knowledge

26  of the person signing the such claim, the names and addresses

27  of all persons, firms, or corporations claimed by such ill or

28  injured person or by the legal representative of such person,

29  to be liable on account of such illness or injury. The

30  hospital shall file the verified claim of lien only as to

31  hospital services rendered by or on behalf of the hospital

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    Florida Senate - 2004        (NP)                      SB 1726
    20-313A-04




 1  before filing the claim of lien; the physician shall file the

 2  verified claim of lien only as to physician services rendered

 3  in the hospital by or on behalf of the physician before filing

 4  the claim of lien. The lienholder injuries; the claimant shall

 5  also, within 7 business days after the filing of such claim of

 6  or lien, mail a copy thereof via registered mail, postage

 7  prepaid, to each person, firm, or corporation claimed to be

 8  liable on account of such illness or injuries, at the address

 9  set forth in the verified claim. The filing of the claim shall

10  be notice thereof to all persons, forms, or corporations who

11  may be liable on account of such illness or injury, whether or

12  not they are named in the claim of or lien, and whether or not

13  they have received a copy of the claim shall have been

14  received by them.

15         Section 3.  The Clerk of the Circuit Court of Lake

16  County shall endorse on the claim the date and hour of filing

17  and shall record the claim in the official records of Lake

18  County. The Clerk of the Circuit Court of Lake County His

19  office shall be paid by the lienholder claimant, for the

20  filing and recording of each claim, the same fee as provided

21  for filing and recording other instruments under the recording

22  laws.

23         Section 4.  A No release or satisfaction of any action,

24  suit, claim, counterclaim, demand, judgment, settlement, or

25  settlement agreement or of any of them is invalid and

26  ineffectual, shall be valid or effectual against such lien

27  unless the lienholder joins shall join therein or executes

28  execute a release of the lien. Any acceptance of a release or

29  satisfaction of any cause of action, suit, claim,

30  counterclaim, demand, or judgment and any settlement of any of

31  the foregoing in the absence of a release or satisfaction of

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    Florida Senate - 2004        (NP)                      SB 1726
    20-313A-04




 1  lien referred to in this act constitutes shall prima facie

 2  evidence of constitute an impairment of the lien, and the

 3  lienholder is shall be entitled to an action at law for

 4  damages on account of such impairment, and, in such action,

 5  may recover from the one accepting the release or satisfaction

 6  or making the settlement the reasonable costs cost of the

 7  hospital care, treatment, and maintenance. Satisfaction of any

 8  judgment rendered in favor of the lienholder in any such

 9  action operates shall operate as a satisfaction of the lien.

10  Any action by the lienholder must shall be brought in the

11  court having jurisdiction in the amount of the lienholder's

12  claims claim and may be brought and maintained in Lake County

13  the county in which the lienholder has his, or its, or their

14  residence or place of business. If the lienholder prevails

15  shall prevail in such action, the lienholder is shall be

16  entitled to recover from the defendant, in addition to costs

17  otherwise allowed by law, all reasonable attorney's fees and

18  expenses incident to the matter.

19         Section 5.  Notwithstanding the lien created by this

20  act, the amount recovered in a judgment, award, or settlement

21  subject to this act must be distributed and the lien

22  extinguished as follows:

23         (a)  After attorney's fees and taxable costs as defined

24  by the Florida Rules of Civil Procedure have been paid, up to

25  60 percent of the remaining amount recovered must be

26  distributed to the lienholders pro rata up to the total amount

27  of reasonable charges for medical services provided in the

28  hospital by the lienholders.

29         (b)  At least 40 percent of the remaining amount

30  recovered must be paid to the patient.

31  

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    Florida Senate - 2004        (NP)                      SB 1726
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 1  Upon such distribution, the lienholder shall promptly file in

 2  the office of the Clerk of the Circuit Court in Lake County a

 3  satisfaction of the lien and shall cause it to be recorded in

 4  the official records of Lake County.

 5         Section 6.  For purposes of this act, the reasonable

 6  charges due and owing to the lienholder must be determined by

 7  reducing the patient's reasonable charges by the amount of any

 8  health insurance payment or obligation or any other

 9  reimbursement paid or owed to the lienholder on behalf of the

10  patient by any health care policy, plan, or program. The lien

11  may not exceed the amount that the lienholder would be legally

12  entitled to recover directly from the patient after all

13  payments on behalf of the patient have been made by health

14  care policies, plans, or programs to which the patient is

15  legally entitled. If the lienholder's charges are reduced by

16  any third-party payor as a result of any agreement or contract

17  between the lienholder and the third-party payor, or as a

18  result of state or federal law, the patient is entitled to a

19  similar reduction in any copayment charges billed to the

20  patient.

21         Section 7.5.  A No person is not shall be entitled to

22  recover or receive damages on account of hospital care,

23  treatment, and maintenance provided by any individual,

24  partnership, firm, association, corporation, institution, or

25  governmental unit or any combination of any of the foregoing,

26  operating a hospital or provided by any physician subject to

27  this act in Lake County unless the person he shall

28  affirmatively shows show that he or she has paid the costs

29  thereof. However, in any action, suit, or counterclaim brought

30  on account of illness or injury, the plaintiff or

31  counterclaimant may include as an item of damages the cost of

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    Florida Senate - 2004        (NP)                      SB 1726
    20-313A-04




 1  such hospital care, treatment, and maintenance, if, before

 2  prior to the trial of the action, the plaintiff or

 3  counterclaimant notifies he shall have notified the lienholder

 4  referred to in this act of the pendency of the such action or

 5  counterclaim; whereupon such lienholder has shall have the

 6  right, without leave of court, to intervene in the case and

 7  prove the reasonable costs cost of such hospital care,

 8  treatment, and maintenance. Any verdict that is may be

 9  rendered in favor of the plaintiff or counterclaimant must

10  shall set forth the amount the jury finds to be due the

11  lienholder for the such hospital care, treatment, and

12  maintenance, and the name of the such lienholder. Any judgment

13  rendered in the case in favor of the plaintiff or

14  counterclaimant must shall also be in favor of the lienholder

15  in the amount set forth by the jury's verdict.

16         Section 8.6.  This act is inapplicable to incidents The

17  provisions of this act shall not be applicable to accidents or

18  injuries within the purview of the Worker's Compensation Law

19  within this state the State of Florida.

20         Section 9.7.  If any section, paragraph, sentence,

21  clause, phrase, or other part of this act should be declared

22  unconstitutional, or if this act should be declared

23  inapplicable in any case, such declaration shall not affect

24  the remainder of this act nor the applicability thereof in any

25  other case.

26         Section 10.8.  This act shall take effect upon becoming

27  a law.

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

29  law.

30  

31  

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