Oklahoma 2022 Regular Session

Oklahoma House Bill HB3898 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	SENATE FLOOR VERSION - HB3898 SFLR Page 1
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	3	+	ENGR. H. B. NO. 3898 Page 1 1
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29		-	SENATE FLOOR VERSION
30		-	April 12, 2022
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33	28		ENGROSSED HOUSE
34	29		BILL NO. 3898 By: Kannady of the House
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36	31		and
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38	33		Howard of the Senate
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43	40		An Act relating to liens; amending 42 O.S. 2021,
44	41		Section 46, which relates to physician liens;
45	42		requiring the lien amount to be the usual and
46	43		customary amount; and providing an effective date.
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51	48		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
52	49		SECTION 1. AMENDATORY 42 O.S. 2021, Section 46, is
53	50		amended to read as follows:
54	51		Section 46. A. Every physician who performs medical services
55	52		or any other professional person who engages in the healing arts,
56	53		within their scope of practice pur suant to Title 59 of the Oklahoma
57	54		Statutes for any person injured as a result of the negligence or act
58	55		of another, shall, i f the injured person asserts or maintains a
59	56		claim against such other person for damages on account of such
60	57		injuries, have a lien for the amount due for such medical or healing
61	58		arts services upon that part going or belonging to the injured
62	59		person of any recovery or sum had or collected or to be collected by
63	60		the injured person, or by the heirs, personal representative, or
	61	+	next of kin of the injured person in the event of his death, whether
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65		-	SENATE FLOOR VERSION - HB3898 SFLR Page 2
66		-	(Bold face denotes Committee Amendments) 1
	63	+	ENGR. H. B. NO. 3898 Page 2 1
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91		-	next of kin of the injured person in the event of his death, whether
92	88		by judgment, settlement, or compromise. Such lien shall be inferior
93	89		to any lien or claim of any attorney handling the claim for or on
94	90		behalf of the injured person. The lien shall not be applied or
95	91		considered valid against any claim for amounts due pursuant to the
96	92		provisions of Title 85A of the Oklahoma Statutes.
97	93		B. In addition to the lien provided for in subsection A of this
98	94		section, every physician or professional person licensed under Title
99	95		59 of the Oklahoma Statutes who performs medical or healing arts
100	96		within their scope of pra ctice for any person injured as a result o f
101	97		the negligence or act of another, shall have, if the injured person
102	98		asserts or maintains a claim against an insurer, a lien for the
103	99		amount due for such medical or healing arts services upon any monies
104	100		payable by the insurer to the injured person.
105	101		C. No lien which is provided for in this section shall be
106	102		effective unless, before the payment of any monies to the injured
107	103		person, the attorney for the injured person, or legal representative
108	104		as compensation for such in juries or death:
109	105		1. A written notice is s ent setting forth a statement of the
110	106		amount claimed, identifying the insurance policy or policies against
111	107		which the lien is asserted, if any, and containing the name and
112	108		address of the physician or professional per son licensed under Title
113	109		59 of the Oklahoma Statutes claiming the lien, the injured person,
114	110		and the person, firm, or corporation against whom the claim is made,
	111	+	is filed on the mechanic's and materialman's lien docket in the
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116		-	SENATE FLOOR VERSION - HB3898 SFLR Page 3
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	113	+	ENGR. H. B. NO. 3898 Page 3 1
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142		-	is filed on the mechanic's and materialman's lien docket in the
143	138		office of the county clerk of t he county where the principal office
144	139		of the physician or professional person licensed under Title 59 of
145	140		the Oklahoma Statutes is located; and
146	141		2. The physician or professional person licensed under Title 59
147	142		of the Oklahoma Statutes sends, by registered or certified mail,
148	143		postage prepaid, a copy of such notice with a statement of the date
149	144		of filing thereof to the person, firm, or corporation against whom
150	145		the claim is made and to the injured person. The physician or
151	146		professional person licensed under Title 5 9 of the Oklahoma Statutes
152	147		shall also send a copy of the notice to the attorney for the injured
153	148		person, if the name and address of such attorney is known to the
154	149		physician or professional person licensed under Title 59 of the
155	150		Oklahoma Statutes.
156	151		D. The liens provided for in this section may be enfo rced by
157	152		civil action in the district court of the county where the lien was
158	153		filed. Such an action shall be brought within one (1) ye ar after
159	154		the physician or professional person licensed under Title 59 of the
160	155		Oklahoma Statutes becomes aware of final judgm ent, settlement or
161	156		compromise of the claim asserted or maintained by or on behalf of
162	157		the injured person. The practice, pleading, and proceedings in the
163	158		an action shall conform to the rules prescribed by the Oklaho ma
164	159		Pleading Code to the extent applicable.
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166		-	SENATE FLOOR VERSION - HB3898 SFLR Page 4
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	161	+	ENGR. H. B. NO. 3898 Page 4 1
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192	186		E. The amount of the lien provided for in this section shall be
193	187		the usual and customary amount charged by the facility filing the
194	188		lien.
195	189		SECTION 2. This act shall become effective November 1, 2022.
196		-	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
197		-	April 12, 2022 - DO PASS
	190	+	Passed the House of Representatives the 9th day of March, 2022.
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	195	+	Presiding Officer of the House
	196	+	of Representatives
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	199	+	Passed the Senate the ___ day of __________, 2022.
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	204	+	Presiding Officer of the Senate
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