MISSISSIPPI LEGISLATURE
2004 Regular Session
To: Public Health and Welfare
By: Senator(s) Brown
AN ACT TO PROVIDE THAT A HEALTH CARE PROVIDER, HOSPITAL OR AMBULANCE SERVICE THAT FURNISHES SERVICES OR SUPPLIES TO ANY INJURED PERSON SHALL HAVE A PRIVILEGE FOR THE REASONABLE CHARGES OF SUCH SERVICES ON THE NET PROCEEDS RECOVERED BY THE INJURED PERSON; TO REQUIRE WRITTEN NOTICE TO THE INJURED PERSON, THE THIRD PARTY AND CERTAIN OTHER PERSONS BEFORE THE PRIVILEGE BECOMES EFFECTIVE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) As used in this act:
(a) "Ambulance service" means any person who, through the use of one or more ambulances and certified emergency medical technicians, provides transportation of sick or injured persons as a part of a regular course of conduct or business.
(b) "Health care provider" means a person, partnership, corporation, facility or institution licensed by this state to provide health care or professional services as a physician, dentist, chiropractor, podiatrist, optometrist, pharmacist, dietician, physical therapist, occupational therapist or psychologist.
(c) "Hospital" means an institution licensed as such by the State of Mississippi.
(d) "Person" means any individual, partnership, association, corporation, government, political subdivision or governmental agency.
(2) A health care provider, hospital or ambulance service that furnishes services or supplies to any injured person shall have a privilege for the reasonable charges or fees of such health care provider, hospital or ambulance service on the net amount payable to the injured person, his heirs or legal representatives, out of the total amount of any recovery or sum had, collected, or to be collected, whether by judgment or by settlement or compromise, from another person on account of such injuries, and on the net amount payable by any insurance company under any contract providing for indemnity or compensation to the injured person. The privilege of an attorney shall have precedence over the privilege created under this section.
(3) The privilege created herein shall become effective if, prior to the payment of insurance proceeds or to the payment of any judgment, settlement or compromise on account of injuries, a written notice containing the name and address of the injured person and the name and location of the interested health care provider, hospital or ambulance service is mailed by the interested health care provider, hospital or ambulance services, or the attorney or agent for the interested health care provider, hospital or ambulance service, certified mail, return receipt requested, to the injured person, to his attorney, to the person alleged to be liable to the injured person on account of the injuries sustained, to any insurance carrier which has insured such person against liability and to any insurance company obligated by contract to pay indemnity or compensation to the injured person. This privilege shall be effective against all persons given notice according to the provisions hereof and shall not be defeated nor rendered ineffective as against any person that has been given such notice because of failure to give such notice to all those persons named herein.
(4) Any person who, having received notice in accordance with the provisions hereof, pays over any monies subject to the privilege created herein, to any injured person, or to the attorney, heirs or legal representatives of any injured person, shall be liable to the licensed health care provider, hospital or ambulance service having such privilege for the amount thereof, not to exceed the net amount paid.
(5) (a) Upon receipt of a written request, mailed by certified mail, return receipt requested, from any person who has been given notice, the licensed health care provider, hospital or ambulance service having the privilege shall, within thirty (30) days after receipt of such request, furnish an itemized statement of all charges having reference to the injured person.
(b) If such licensed health care provider, hospital or ambulance service fails to comply with the provisions of this section, the privilege created shall be dissolved and ineffective.
SECTION 2. This act shall take effect and be in force from and after July 1, 2004.