House Bill 37

AN ACT TO PROVIDE THAT A HOSPITAL SHALL HAVE A LIEN AGAINST CLAIMS BY PATIENTS AND PERSONAL INJURY DAMAGES RECOVERED BY PATIENTS; TO SPECIFY THE PRIORITY OF THE LIEN; TO REQUIRE THE LIEN TO BE FILED IN THE OFFICE OF THE CIRCUIT CLERK; TO REQUIRE NOTICE OF JUDGMENT OR AWARD; 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 the State of Mississippi, any county or municipalities operating and maintaining a hospital in this state, 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 representatives of such person in the case of such person's death, on account of illness or injuries giving rise to such causes of action or claims and which necessitated such hospital care, treatment and maintenance. The attachment of the lien will 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 herein created 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 is located, the lien to include a verified statement in writing setting forth the name and address of the patient as it appears on the records of the hospital, and the name and address of the operator thereof, the dates of admission and discharge of the patient therefrom, the amount claimed to be due for such hospital care, and to the best of the claimant's knowledge, the names and addresses of persons, firms or corporations claimed by such ill or injured person or by such person's legal representative, to be liable for damages arising from such illness or injuries. The filing of said lien in the aforementioned manner will be implied 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 his or her 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 hospital lien.

SECTION 2. This act shall take effect and be in force from and after July 1, 2011.