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
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.