23 LC 44 2275
S. B. 168
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Senate Bill 168
By: Senators Williams of the 25th, Summers of the 13th, Still of the 48th, Echols of the 49th
and Harbin of the 16th
A BILL TO BE ENTITLED
AN ACT
To amend Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia
1
Annotated, relating to liens of hospitals and nursing homes, so as to allow a chiropractic2
practice to have a lien on a cause of action accruing to an injured person for the costs of care3
and treatment of injuries arising out of the cause of action; to revise definitions; to provide4
for related matters; to repeal conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated,8
relating to liens of hospitals and nursing homes, is amended by revising said part as follows:9
"Part 810
44-14-470.11
(a) Except where the context otherwise requires in subsection (b) of this Code section, as12
used in this part, the term:13 23 LC 44 2275
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(1) 'Chiropractic practice' means any chiropractic practice that includes one or more14
chiropractors licensed to practice chiropractic in this state.15
(1)(2) 'Hospital' means any hospital or nursing home subject to regulation and licensure16
by the Department of Community Health.17
(2)(3) 'Hospital care, treatment, or services' means care, treatment, or services furnished18
by a hospital or nursing home.19
(3)(4) 'Nursing home' means any intermediate care home, skilled nursing home, or20
intermingled home.21
(4)(5) 'Physician practice' means any medical practice that includes one or more22
physicians licensed to practice medicine in this state.23
(5)(6) 'Traumatic burn care medical practice' means care, treatment, or services rendered24
by a medical practice with respect to a patient whose burn care, treatment, or services25
resulted in charges in excess of $50,000.00, arising out of a single accident or occurrence.26
(b) Any person, firm, hospital authority, or corporation operating a hospital, nursing home,27
or physician practice, or chiropractic practice, or providing traumatic burn care medical28
practice in this state shall have a lien for the reasonable charges for hospital, nursing home,29
physician practice, chiropractic practice, or traumatic burn care medical practice care and30
treatment of an injured person, which lien shall be upon any and all causes of action31
accruing to the person to whom the care was furnished or to the legal representative of such32
person on account of injuries giving rise to the causes of action and which necessitated the33
hospital, nursing home, physician practice, chiropractic practice, or provider of traumatic34
burn care medical practice care, subject, however, to any attorney's lien and in the case of35
any chiropractic lien, said lien shall also be subject to any hospital lien. The lien provided36
for in this subsection is only a lien against such causes of action and shall not be a lien37
against such injured person, such legal representative, or any other property or assets of38
such persons and shall not be evidence of such person's failure to pay a debt. This39 23 LC 44 2275
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subsection shall not be construed to interfere with the exemption from this part provided
40
by Code Section 44-14-474.41
44-14-471.42
(a) In order to perfect the lien provided for in Code Section 44-14-470, the operator of the43
hospital, nursing home, physician practice, chiropractic practice,
or provider of traumatic44
burn care medical practice:45
(1) Shall, not less than 15 days prior to the date of filing the statement required under46
paragraph (2) of this subsection, provide written notice to the patient and, to the best of47
the claimant's knowledge, the persons, firms, corporations, and their insurers claimed by48
the injured person or the legal representative of the injured person to be liable for49
damages arising from the injuries and shall include in such notice a statement that the lien50
is not a lien against the patient or any other property or assets of the patient and is not51
evidence of the patient's failure to pay a debt. Such notice shall be sent to all such52
persons and entities by first-class and certified mail or statutory overnight delivery, return53
receipt requested; and54
(2) Shall file in the office of the clerk of the superior court of the county in which the55
hospital, nursing home, physician practice, chiropractic practice, or provider of traumatic56
burn care medical practice is located and in the county wherein the patient resides, if a57
resident of this state, a verified statement setting forth the name and address of the patient58
as it appears on the records of the hospital, nursing home, physician practice, chiropractic59
practice, or provider of traumatic burn care medical practice; the name and location of60
the hospital, nursing home, physician practice, chiropractic practice, or provider of61
traumatic burn care medical practice and the name and address of the operator thereof;62
the dates of admission and discharge of the patient therefrom or with respect to a63
physician practice or chiropractic practice, the dates of treatment; and the amount claimed64
to be due for the hospital, nursing home, physician practice, chiropractic practice, or65 23 LC 44 2275
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provider of traumatic burn care medical practice care, which statement must be filed
66
within the following time period:67
(A) If the statement is filed by a hospital, nursing home, or provider of traumatic burn68
care medical practice, then the statement shall be filed within 75 days after the person69
has been discharged from the facility; or70
(B) If the statement is filed by a physician practice or chiropractic practice
, then the71
statement shall be filed within 90 days after the person first sought treatment from the72
physician practice or chiropractic practice for the injury.73
(b) The filing of the claim or lien shall be notice thereof to all persons, firms, or74
corporations liable for the damages, whether or not they received the written notice75
provided for in this Code section. The failure to perfect such lien by timely complying76
with the notice and filing provisions of paragraphs (1) and (2) of subsection (a) of this77
Code section shall invalidate such lien, except as to any person, firm, or corporation liable78
for the damages, which receives prior to the date of any release, covenant not to bring an79
action, or settlement, actual notice of a notice and filed statement made under80
subsection (a) of this Code section, via hand delivery, certified mail, return receipt81
requested, or statutory overnight delivery with confirmation of receipt.82
44-14-472.83
The clerk of the superior court shall endorse the date and hour of filing on the statement84
filed pursuant to Code Section 44-14-471; and, at the expense of the county, the clerk shall85
provide a lien book with a proper index in which the clerk shall enter the date and hour of86
the filing; the names and addresses of the hospital, nursing home, physician practice,87
chiropractic practice, or provider of traumatic burn care medical practice, the operators88
thereof, and the patient; and the amount claimed. The information shall be recorded in the89
name of the patient. The clerk shall receive a fee as required by subparagraph (f)(1)(A) of90
Code Section 15-6-77 as his or her fee for such filing.91 23 LC 44 2275
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44-14-473.
92
(a) No release of the cause or causes of action or of any judgment thereon or any covenant93
not to bring an action thereon shall be valid or effectual against the lien created by Code94
Section 44-14-470 unless the holder thereof shall join therein or execute a release of the95
lien; and the claimant or assignee of the lien may enforce the lien by an action against the96
person, firm, or corporation liable for the damages or such person, firm, or corporation's97
insurer. If the claimant prevails in the action, the court may allow reasonable attorney's98
fees. The action shall be commenced against the person liable for the damages or such99
person's insurer within one year after the date the liability is finally determined by a100
settlement, by a release, by a covenant not to bring an action, or by the judgment of a court101
of competent jurisdiction.102
(b) No release or covenant not to bring an action which is made before or after the patient103
was discharged from the hospital, nursing home, chiropractic practice,
or provider of104
traumatic burn care medical practice or, with respect to a physician practice, which is made105
after the patient first sought treatment from the physician practice or chiropractic practice106
for the injuries shall be effective against the lien perfected in accordance with Code107
Section 44-4-471, if such lien is perfected prior to the date of the release, covenant not to108
bring an action, or settlement unless consented to by the lien claimant; provided, however,109
that any person, firm, or corporation which consummates a settlement, release, or covenant110
not to bring an action with the person to whom hospital, nursing home, physician practice,111
chiropractic practice, or traumatic burn care medical practice care, treatment, or services112
were furnished and which first procures from the injured party an affidavit as prescribed113
in subsection (c) of this Code section shall not be bound or otherwise affected by the lien114
except as provided in subsection (c) of this Code section, regardless of when the settlement,115
release, or covenant not to bring an action was consummated.116
(c) The affidavit shall affirm:117 23 LC 44 2275
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(1) That all hospital, nursing home, physician practice, chiropractic practice, or provider118
of traumatic burn care medical practice bills incurred for treatment for the injuries for119
which a settlement is made have been fully paid; and120
(2) The county of residence of such affiant, if a resident of this state;121
provided, however, that the person taking the affidavit shall not be protected thereby where122
the affidavit alleges the county of the affiant's residence and the lien of the claimant is at123
such time on file in the office of the clerk of the superior court of the county and is124
recorded in the name of the patient as it appears in the affidavit.125
44-14-474.126
This part shall not apply to any moneys becoming due under Chapter 9 of Title 34.127
44-14-475.128
No settlement or release entered into or executed prior to the entry of the injured party into129
the hospital, nursing home, or facility which provides traumatic burn care medical practice130
or prior to the time the patient first sought treatment from the physician practice or131
chiropractic practice for the injuries shall be affected by or subject to the terms of this part.132
44-14-476.133
This part shall not be construed to give any hospital, nursing home, physician practice,134
chiropractic practice, or provider of traumatic burn care medical practice referred to in this135
part an independent right of action to determine liability for injuries sustained by a person136
or firm.137
44-14-477.138
Any person who gives any false affidavit as provided by Code Section 44-14-473 commits139
the offense of false swearing."140 23 LC 44 2275
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SECTION 2.
141
All laws and parts of laws in conflict with this Act are hereby repealed.142