Bill Text: AZ SB1021 | 2018 | Fifty-third Legislature 2nd Regular | Introduced
Bill Title: Health care provider liens; effect
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-09 - Senate read second time [SB1021 Detail]
Download: Arizona-2018-SB1021-Introduced.html
PREFILED DEC 08 2017
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REFERENCE TITLE: health care provider liens; effect |
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State of Arizona Senate Fifty-third Legislature Second Regular Session 2018
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SB 1021 |
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Introduced by Senator Farnsworth D
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AN ACT
amending section 33-932, Arizona Revised Statutes; relating to health care provider liens.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-932, Arizona Revised Statutes, is amended to read:
33-932. Perfecting lien; statement of claim; recording; effect
A. In order to perfect a lien granted by section 33‑931, the executive officer, licensed health care provider or agent of a health care provider shall record, before or within thirty days after the patient has received any services relating to the injuries, except a hospital, which shall record within thirty days after the patient is discharged, in the office of the recorder in the county in which the health care provider is located a verified statement in writing setting forth all of the following:
1. The name and address of the patient as they appear on the records of the health care provider.
2. The name and location of the health care provider.
3. The name and address of the executive officer or agent of the health care provider, if any.
4. The dates or range of dates of services received by the patient from the health care provider.
5. The amount claimed due for health care.
6. For health care providers other than hospitals or ambulance services, to the best of the claimant's knowledge, the names and addresses of all persons, firms or corporations and their insurance carriers claimed by the injured person or the injured person's representative to be liable for damages arising from the injuries for which the person received health care.
B. The verified statement shall also include the amount claimed due as of the date of recording of the claim or lien and a statement regarding whether the patient's treatment has been terminated or will be continued. Amounts incurred during the continued period are also subject to the lien.
C. The claimant shall also mail, by first class mail within five days after recording the claim or lien, a copy of the claim or lien to the injured person. For health care providers other than hospitals or ambulance services the claimant shall also mail a copy to all persons, firms or corporations and their insurance carriers claimed by the injured person or the injured person's representative to be liable for damages arising from the injuries for which the person received health care. If a health care provider other than a hospital or ambulance service does not record the claim, lien or assignment as provided in this section, the claim, lien or assignment is invalid and may not be enforced by the cause of action provided in section 33‑934. If a hospital records such a claim or lien, the recording shall be notice to all persons, firms or corporations liable for damages, whether or not they are named in the claim or lien.
D. A health care provider lien, including a hospital or ambulance service lien, that is not recorded within the time prescribed by this section is effective against any final settlement or final judgment for damages if the lien is recorded thirty days before the final settlement is agreed to or the final judgment is paid except if the lien is recorded in a county where liens are accessible on the internet, the lien is effective if the lien is accessible on the internet thirty days or more before the final settlement is agreed to or the final judgment is paid. If the lien is not recorded or is not accessible on the internet as provided in this section, the lien is invalid and may not be enforced by the cause of action provided in section 33‑934.
