House Bill 777

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, and to the payment of funeral expenses, if any, 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) Notice of the lien shall be effective when mailed by certified United States mail, return receipt requested to any person, firm or corporation into whose control may come funds that may be subject to the lien created under this section, 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 amount claimed to be due for the hospital or other medical care or supplies.

(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.

(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, 2012.