SLS 14RS-652 ENGROSSED
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 382
BY SENATOR LAFLEUR
PRIVILEGES/LIENS. Provides with respect to privileges for health care providers. (8/1/14)
AN ACT1
To amend and reenact R.S. 9:4752, relative to proceeds recovered by an injured person; to2
provide with respect to the privilege on net proceeds collected from a third party in3
favor of medical providers for services and supplies furnished to injured persons; to4
provide certain terms, conditions, and effects; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 9:4752 is hereby amended and reenacted to read as follows: 7
ยง4752. Privilege on net proceeds collected from third party in favor of medical8
providers for services and supplies furnished injured persons 9
A. A health care provider, hospital, or ambulance service that furnishes10
services or supplies to any injured person shall have a privilege for the reasonable11
charges or fees of such health care provider, hospital, or ambulance service on the12
net amount payable to the injured person, his heirs, or legal representatives, out of13
the total amount of any recovery or sum had, collected, or to be collected, whether14
by judgment or by settlement or compromise, from another person on account of15
such injuries, and on the net amount payable by any insurance company under any16
contract providing for indemnity or compensation to the injured person. The17 SB NO. 382
SLS 14RS-652 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
privilege of an attorney shall have precedence over the privilege created under this1
Section.2
B. The health care provider's privilege shall attach to the net amount3
payable to the injured person out of the total amount of any recovery or sum4
had, collected, or to be collected from another person and on the net amount5
payable by any insurance company in accordance with this Section. The6
privilege, when timely filed, shall interrupt prescription and shall remain7
effective until released or paid in accordance with this Section.8
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Angela L. De Jean.
DIGEST
LaFleur (SB 382)
Present law provides that a health care provider, hospital, or ambulance service that
furnishes services or supplies to any injured person shall have a privilege for the reasonable
charges or fees of such health care provider, hospital, or ambulance service on the net
amount payable to the injured person, his heirs, or legal representatives, out of the total
amount of any recovery or sum had, collected, or to be collected, whether by judgment or
by settlement or compromise, from another person on account of such injuries, and on the
net amount payable by any insurance company under any contract providing for indemnity
or compensation to the injured person. The privilege of an attorney shall have precedence
over the privilege created under present law.
Proposed law retains present law and adds that the health care provider's privilege shall
attach to the net amount payable to the injured person out of the total amount of any
recovery or sum had, collected, or to be collected from another person and on the net amount
payable by any insurance company in accordance with proposed law. The privilege, when
timely filed, shall interrupt prescription and shall remain effective until released or paid in
accordance with proposed law.
Effective August 1, 2014.
(Amends R.S. 9:4752)