Senate Bill 2026

(COMMITTEE SUBSTITUTE)

AN ACT TO PROVIDE THAT A HOSPITAL SHALL HAVE A LIEN AGAINST WRONGFUL DEATH DAMAGES AND PERSONAL INJURY DAMAGES RECOVERED BY PATIENTS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Every person, firm, association, corporation, institution or any governmental unit, including, but not limited to, the State of Mississippi or any county or municipality, operating and maintaining a hospital or pharmacy or practicing as a physician, osteopath, dentist, nurse, pharmacist, podiatrist, optometrist or chiropractor who has provided services for residents of Mississippi, shall have a lien for all reasonable and necessary charges for hospital care, treatment and maintenance of ill or injured persons, including ambulance services, upon any and all causes of action, suits, claims, counterclaims or demands accruing to the person to whom such care, treatment or maintenance was furnished, or accruing to the legal representative of the person in the case of the person's death, on account of illness or injuries giving rise to such causes of action or claims and which necessitated the hospital care, treatment and maintenance. The attachment of the lien shall include, but not be limited to, third-party liability settlements, first-party auto insurance benefits, underinsured motorist coverage, uninsured motorist coverage and wrongful death claims.

(2) The lien created under this section shall be subject and subordinate to any attorney's lien, whether by contract, suit or judgment, upon such claim or cause of action and shall not be applicable to accidents or injuries within the purview of the Mississippi Workers' Compensation Law.

(3) The lien shall be filed in the office of the clerk of the circuit court of the county in which the hospital or other lienor is located and in the office of the clerk of the circuit court of the county of the debtor's residence, and shall include a verified statement in writing setting forth the name and address of the patient as it appears on the records of the hospital or other medical provider, and the name and address of the operator thereof, the dates of admission and discharge of the patient, the amount claimed to be due for the hospital or other medical care or supplies, and to the best of the claimant's knowledge, the names and addresses of persons, firms or corporations claimed by the ill or injured person or by the person's legal representative to be liable for damages arising from the illness or injuries. The filing of the lien in compliance with this section shall constitute constructive notice to all parties having an interest to which the lien may attach.

(4) A judgment, award, settlement or compromise secured by or on behalf of an injured person may not be satisfied without the injured person or the injured person's authorized representative first giving notice of the judgment, award, settlement or compromise to the health care professional or health care provider that rendered a service in the treatment, care or maintenance of the injured person, and no judgment, award, settlement or compromise may be reached without first satisfying the lien created under this section.

(5) Nothing in this section shall affect the right of subrogation under Section 43-13-317 for the recovery of Medicaid payments.

SECTION 2. This act shall take effect and be in force from and after July 1, 2010.