Provides with respect to privileges for health care providers. (8/1/14) (RE SEE FISC NOTE GF EX See Note)
Impact
If enacted, SB382 would modify Louisiana Revised Statutes to ensure that health care providers' privileges are more clearly defined when it comes to their rights over recovery amounts that injured persons collect from third parties. The proposed law seeks to protect the rights of patients by ensuring that the claims of health care providers for their services remain fair and are tied to a negotiated median rate. This could lead to a more predictable and equitable recovery process for injured persons, placing limits on how much health care providers can claim relative to the total recoveries due to injuries.
Summary
Senate Bill 382, introduced by Senator LaFleur, focuses on the privileges afforded to health care providers in relation to the net proceeds collected from third-party recoveries due to injuries. The bill aims to amend existing law to clarify the conditions under which health care providers, hospitals, and ambulance services have a right to claim privilege on the proceeds awarded to injured persons after an accident. SB382 specifically distinguishes that the health care provider's claim does not extend to amounts payable through uninsured or underinsured motorist policies, thereby stipulating limits on the recovery claims that these providers can make.
Sentiment
The sentiment surrounding SB382 appears to be largely supportive among legislators, as it passed the Senate unanimously with a vote of 36 to 0. Proponents argue that the bill is a necessary step towards protecting both patients and health care providers by providing clarity and structure concerning the privileges that providers may assert in relation to third-party recoveries. However, while a unanimous vote indicates broad support, there could still be concerns among certain advocacy groups regarding the potential implications this bill may have on patients' financial recoveries and their ability to negotiate settlements on their own terms.
Contention
Notably, one key area of contention lies in the exclusions outlined in the bill, particularly its stipulation that amounts collectible under uninsured and underinsured motorist policies will not be subjected to the privilege claimed by health care providers. While this aims to protect the interests of patients and maintain a reasonable cap on medical claims, it may also spark debate on whether this could negatively impact the attempts of patients to recover full compensation for their injuries, especially if the recovery amounts are reduced by health care provider claims. Such discussions may influence ongoing evaluation and revision of the bill.