Georgia 2023-2024 Regular Session

Georgia Senate Bill SB168 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	23 SB 168/AP
	1	+	23 SB 168/FA
2	2		S. B. 168
3	3		- 1 -
4	4		Senate Bill 168
5	5		By: Senators Williams of the 25th, Summers of the 13th, Still of the 48th, Echols of the 49th
6	6		and Harbin of the 16th
7		-	AS PASSED
8	7		A BILL TO BE ENTITLED
9	8		AN ACT
10	9		To amend Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia
11	10		1
12	11		Annotated, relating to liens of hospitals and nursing homes, so as to allow a chiropractic2
13	12		practice to have a lien on a cause of action accruing to an injured person for the costs of care3
14	13		and treatment of injuries arising out of the cause of action; to require the filing of a claim4
15	14		with any health insurer providing coverage to an injured person; to revise definitions; to5
16	15		provide for related matters; to repeal conflicting laws; and for other purposes.6
17	16		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
18	17		SECTION 1.8
19	18		Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated,9
20	19		relating to liens of hospitals and nursing homes, is amended by revising said part as follows:10
21	20		"Part 811
22	21		44-14-470.12
23	22		(a) Except where the context otherwise requires in subsection (b) of this Code section, as13
24		-	used in this part, the term:14 23 SB 168/AP
	23	+	used in this part, the term:14 23 SB 168/FA
25	24		S. B. 168
26	25		- 2 -
27	26		(1) 'Chiropractic practice' means any chiropractic practice that includes one or more15
28	27		chiropractors licensed to practice chiropractic in this state.16
29	28		(1)(2) 'Hospital' means any hospital or nursing home subject to regulation and licensure17
30	29		by the Department of Community Health.18
31	30		(2)(3) 'Hospital care, treatment, or services' means care, treatment, or services furnished19
32	31		by a hospital or nursing home.20
33	32		(3)(4) 'Nursing home' means any intermediate care home, skilled nursing home, or21
34	33		intermingled home.22
35	34		(4)(5) 'Physician practice' means any medical practice that includes one or more23
36	35		physicians licensed to practice medicine in this state.24
37	36		(5)(6) 'Traumatic burn care medical practice' means care, treatment, or services rendered25
38	37		by a medical practice with respect to a patient whose burn care, treatment, or services26
39	38		resulted in charges in excess of $50,000.00, arising out of a single accident or occurrence.27
40	39		(b) Any person, firm, hospital authority, or corporation operating a hospital, nursing home,28
41	40		or physician practice, or chiropractic practice, or providing traumatic burn care medical29
42	41		practice in this state shall have a lien for the reasonable charges for hospital, nursing home,30
43	42		physician practice, chiropractic practice, or traumatic burn care medical practice care and31
44	43		treatment of an injured person, which lien shall be upon any and all causes of action32
45	44		accruing to the person to whom the care was furnished or to the legal representative of such33
46	45		person on account of injuries giving rise to the causes of action and which necessitated the34
47	46		hospital, nursing home, physician practice, chiropractic practice, or provider of traumatic35
48	47		burn care medical practice care, subject, however, to any attorney's lien and in the case of36
49	48		any chiropractic lien, said lien shall also be subject to any hospital lien. The lien provided37
50	49		for in this subsection is only a lien against such causes of action and shall not be a lien38
51	50		against such injured person, such legal representative, or any other property or assets of39
52		-	such persons and shall not be evidence of such person's failure to pay a debt. This40 23 SB 168/AP
	51	+	such persons and shall not be evidence of such person's failure to pay a debt. This40 23 SB 168/FA
53	52		S. B. 168
54	53		- 3 -
55	54		subsection shall not be construed to interfere with the exemption from this part provided
56	55		41
57	56		by Code Section 44-14-474.42
58	57		44-14-471.43
59	58		(a) In order to perfect the lien provided for in Code Section 44-14-470, the operator of the44
60	59		hospital, nursing home, physician practice, chiropractic practice,
61	60		or provider of traumatic45
62	61		burn care medical practice:46
63	62		(1) Shall, not less than 15 days prior to the date of filing the statement required under47
64	63		paragraph (2) of this subsection, provide written notice to the patient and, to the best of48
65	64		the claimant's knowledge, the persons, firms, corporations, and their insurers claimed by49
66	65		the injured person or the legal representative of the injured person to be liable for50
67	66		damages arising from the injuries and shall include in such notice a statement that the lien51
68	67		is not a lien against the patient or any other property or assets of the patient and is not52
69	68		evidence of the patient's failure to pay a debt. Such notice shall be sent to all such53
70	69		persons and entities by first-class and certified mail or statutory overnight delivery, return54
71	70		receipt requested; and55
72	71		(2) Shall file in the office of the clerk of the superior court of the county in which the56
73	72		hospital, nursing home, physician practice, chiropractic practice, or provider of traumatic57
74	73		burn care medical practice is located and in the county wherein the patient resides, if a58
75	74		resident of this state, a verified statement setting forth the name and address of the patient59
76	75		as it appears on the records of the hospital, nursing home, physician practice, chiropractic60
77	76		practice, or provider of traumatic burn care medical practice; the name and location of61
78	77		the hospital, nursing home, physician practice, chiropractic practice, or provider of62
79	78		traumatic burn care medical practice and the name and address of the operator thereof;63
80	79		the dates of admission and discharge of the patient therefrom or with respect to a64
81	80		physician practice or chiropractic practice, the dates of treatment; and the amount claimed65
82		-	to be due for the hospital, nursing home, physician practice, chiropractic practice, or66 23 SB 168/AP
	81	+	to be due for the hospital, nursing home, physician practice, chiropractic practice, or66 23 SB 168/FA
83	82		S. B. 168
84	83		- 4 -
85	84		provider of traumatic burn care medical practice care, which statement must be filed
86	85		67
87	86		within the following time period:68
88	87		(A) If the statement is filed by a hospital, nursing home, or provider of traumatic burn69
89	88		care medical practice, then the statement shall be filed within 75 days after the person70
90	89		has been discharged from the facility; or71
91	90		(B) If the statement is filed by a physician practice or chiropractic practice
92	91		, then the72
93	92		statement shall be filed within 90 days after the person first sought treatment from the73
94	93		physician practice or chiropractic practice for the injury.74
95	94		(b) The filing of the claim or lien shall be notice thereof to all persons, firms, or75
96	95		corporations liable for the damages, whether or not they received the written notice76
97	96		provided for in this Code section. The failure to perfect such lien by timely complying77
98	97		with the notice and filing provisions of paragraphs (1) and (2) of subsection (a) of this78
99	98		Code section shall invalidate such lien, except as to any person, firm, or corporation liable79
100	99		for the damages, which receives prior to the date of any release, covenant not to bring an80
101	100		action, or settlement, actual notice of a notice and filed statement made under81
102	101		subsection (a) of this Code section, via hand delivery, certified mail, return receipt82
103	102		requested, or statutory overnight delivery with confirmation of receipt. 83
104	103		(c) No filing of a claim or lien under this part shall be enforceable unless the person, firm,84
105	104		hospital authority, or corporation operating a hospital, nursing home, physician practice,85
106	105		chiropractic practice, or traumatic burn care medical practice filing such claim or lien first86
107	106		submitted a claim to each health insurer of the injured person, if such injured person has87
108	107		health insurance coverage, and had such claim rejected.88
109	108		44-14-472.89
110	109		The clerk of the superior court shall endorse the date and hour of filing on the statement90
111	110		filed pursuant to Code Section 44-14-471; and, at the expense of the county, the clerk shall91
112	111		provide a lien book with a proper index in which the clerk shall enter the date and hour of92
113		-	the filing; the names and addresses of the hospital, nursing home, physician practice,93 23 SB 168/AP
	112	+	the filing; the names and addresses of the hospital, nursing home, physician practice,93 23 SB 168/FA
114	113		S. B. 168
115	114		- 5 -
116	115		chiropractic practice, or provider of traumatic burn care medical practice, the operators94
117	116		thereof, and the patient; and the amount claimed. The information shall be recorded in the95
118	117		name of the patient. The clerk shall receive a fee as required by subparagraph (f)(1)(A) of96
119	118		Code Section 15-6-77 as his or her fee for such filing.97
120	119		44-14-473.98
121	120		(a) No release of the cause or causes of action or of any judgment thereon or any covenant99
122	121		not to bring an action thereon shall be valid or effectual against the lien created by Code100
123	122		Section 44-14-470 unless the holder thereof shall join therein or execute a release of the101
124	123		lien; and the claimant or assignee of the lien may enforce the lien by an action against the102
125	124		person, firm, or corporation liable for the damages or such person, firm, or corporation's103
126	125		insurer. If the claimant prevails in the action, the court may allow reasonable attorney's104
127	126		fees. The action shall be commenced against the person liable for the damages or such105
128	127		person's insurer within one year after the date the liability is finally determined by a106
129	128		settlement, by a release, by a covenant not to bring an action, or by the judgment of a court107
130	129		of competent jurisdiction.108
131	130		(b) No release or covenant not to bring an action which is made before or after the patient109
132	131		was discharged from the hospital, nursing home, chiropractic practice, or provider of110
133	132		traumatic burn care medical practice or, with respect to a physician practice, which is made111
134	133		after the patient first sought treatment from the physician practice or chiropractic practice112
135	134		for the injuries shall be effective against the lien perfected in accordance with Code113
136	135		Section 44-4-471, if such lien is perfected prior to the date of the release, covenant not to114
137	136		bring an action, or settlement unless consented to by the lien claimant; provided, however,115
138	137		that any person, firm, or corporation which consummates a settlement, release, or covenant116
139	138		not to bring an action with the person to whom hospital, nursing home, physician practice,117
140	139		chiropractic practice, or traumatic burn care medical practice care, treatment, or services118
141		-	were furnished and which first procures from the injured party an affidavit as prescribed119 23 SB 168/AP
	140	+	were furnished and which first procures from the injured party an affidavit as prescribed119 23 SB 168/FA
142	141		S. B. 168
143	142		- 6 -
144	143		in subsection (c) of this Code section shall not be bound or otherwise affected by the lien
145	144		120
146	145		except as provided in subsection (c) of this Code section, regardless of when the settlement,121
147	146		release, or covenant not to bring an action was consummated.122
148	147		(c) The affidavit shall affirm:123
149	148		(1) That all hospital, nursing home, physician practice, chiropractic practice,
150	149		or provider124
151	150		of traumatic burn care medical practice bills incurred for treatment for the injuries for125
152	151		which a settlement is made have been fully paid; and126
153	152		(2) The county of residence of such affiant, if a resident of this state;127
154	153		provided, however, that the person taking the affidavit shall not be protected thereby where128
155	154		the affidavit alleges the county of the affiant's residence and the lien of the claimant is at129
156	155		such time on file in the office of the clerk of the superior court of the county and is130
157	156		recorded in the name of the patient as it appears in the affidavit.131
158	157		44-14-474.132
159	158		This part shall not apply to any moneys becoming due under Chapter 9 of Title 34.133
160	159		44-14-475.134
161	160		No settlement or release entered into or executed prior to the entry of the injured party into135
162	161		the hospital, nursing home, or facility which provides traumatic burn care medical practice136
163	162		or prior to the time the patient first sought treatment from the physician practice or137
164	163		chiropractic practice for the injuries shall be affected by or subject to the terms of this part.138
165	164		44-14-476.139
166	165		This part shall not be construed to give any hospital, nursing home, physician practice,140
167	166		chiropractic practice, or provider of traumatic burn care medical practice referred to in this141
168	167		part an independent right of action to determine liability for injuries sustained by a person142
169		-	or firm.143 23 SB 168/AP
	168	+	or firm.143 23 SB 168/FA
170	169		S. B. 168
171	170		- 7 -
172	171		44-14-477.
173	172		144
174	173		Any person who gives any false affidavit as provided by Code Section 44-14-473 commits145
175	174		the offense of false swearing."146
176	175		SECTION 2.147
177	176		All laws and parts of laws in conflict with this Act are hereby repealed. 148