SLS 14RS-652 REENGROSSED
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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, not to exceed the median rate negotiated with health care12
providers, of such health care provider, hospital, or ambulance service on the net13
amount payable to the injured person, his heirs, or legal representatives, out of the14
total amount of any recovery or sum had, collected, or to be collected, whether by15
judgment or by settlement or compromise, from another person on account of such16
injuries, and on the net amount payable by any insurance company under any17 SB NO. 382
SLS 14RS-652 REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
contract providing for indemnity or compensation to the injured person not1
including uninsured motorists or medical payment insurance policies. The2
privilege of an attorney shall have precedence over the privilege created under this3
Section.4
B. The health care provider's privilege shall attach to the net amount5
payable to the injured person out of the total amount of any recovery or sum6
had, collected, or to be collected from another person and on the net amount7
payable by any insurance company in accordance with this Section. The8
privilege, when timely filed, shall interrupt prescription and shall remain9
effective until released or paid in accordance with this Section.10
The original instrument was prepared by Angela Lockett De Jean. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Mary Dozier O'Brien.
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.
Proposed law retains present law but would exclude amounts payable in uninsured or
underinsured motorist provisions of the insurance policy from the amount payable. Provides
that for the privilege of an attorney shall have precedence over the privilege created under
present law. Further would provide that the "reasonable charges" in present law shall not
exceed the median rate negotiated with health care providers.
Proposed law 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. 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)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Provides that the privilege for reasonable charges or fees shall not exceed the SB NO. 382
SLS 14RS-652 REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
median rate negotiated with health care providers.
2. Provides that the privilege shall not extend to amounts payable under either
the uninsured motorists or the underinsured medical payments in the
insurance policy.