Bill Text: GA SB192 | 2011-2012 | Regular Session | Introduced

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Bill Title: Motor Vehicle Reparations; change definitions of medical payments coverage

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2011-03-03 - Senate Read and Referred [SB192 Detail]

Download: Georgia-2011-SB192-Introduced.html

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11 LC 37 1137

Senate Bill 192

By: Senators McKoon of the 29th, Goggans of the 7th and Ligon, Jr. of the 3rd

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 33-34-2 of the Official Code of Georgia Annotated, relating to motor vehicle reparations definitions, so as to change the definition of medical payments coverage; to amend Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of hospitals and nursing homes, so as to allow liens to apply to claims; to change certain provisions regarding perfecting a lien; to change certain provisions regarding notice; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 33-34-2 of the Official Code of Georgia Annotated, relating to definitions regarding motor vehicle accident reparations, is amended by revising paragraph (1) as follows:

"(1) 'Medical payments coverage' includes any coverage in which the insurer agrees to reimburse the insured and others for reasonable and necessary medical expenses and funeral expenses incurred as a result of bodily injury or death caused by a motor vehicle accident, without regard to the insured's liability for the accident. Coverage shall be available to the named insured, resident spouse, and any resident relative while occupying the covered motor vehicle, and to any other person legally occupying a covered motor vehicle. Expenses must be incurred for services rendered within three years from the date of the accident; provided, however, that nothing shall prevent an insurer from allowing a longer period of time. This coverage may be assigned by an insured or beneficiary to a healthcare provider in writing. Any rule or regulation promulgated which expands or conflicts with this definition shall be null and void."

SECTION 2.

Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of hospitals and nursing homes, is amended by revising subsection (b) of Code Section 44-14-470, relating to liens on causes of action accruing to injured persons for costs of care, as follows:

"(b) Any person, firm, hospital authority, or corporation operating a hospital, nursing home, or physician practice or providing traumatic burn care medical practice in this state shall have a lien for the reasonable charges for hospital, nursing home, physician practice, or traumatic burn care medical practice care and treatment of an injured person, which lien shall be upon any and all claims or causes of action accruing to the person to whom the care was furnished or to the legal representative of such person on account of injuries giving rise to the causes of action and which necessitated the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice care, subject, however, to any attorney's lien. The lien provided for in this subsection is only a lien against such claims or causes of action and shall not be a lien against such injured person, such legal representative, or any other property or assets of such persons and shall not be evidence of such person's failure to pay a debt. This subsection shall not be construed to interfere with the exemption from this part provided by Code Section 44-14-474."

SECTION 3.

Said part is further amended by revising subsection (a) of Code Section 44-14-471, relating to the perfection of hospital, nursing home, and traumatic burn care medical practice liens, as follows:

"(a) In order to perfect the lien provided for in Code Section 44-14-470, the operator of the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice or legal counsel for such entities:

(1) Shall, not less than 15 days prior to the date of filing the statement required under paragraph (2) of this subsection, provide written notice to the patient and, to the best of the claimant's knowledge, the persons, firms, corporations, and their insurers claimed by the injured person or the legal representative of the injured person to be liable for damages arising from the injuries and shall include in such notice a statement that the lien is not a lien against the patient or any other property or assets of the patient and is not evidence of the patient's failure to pay a debt. Such notice shall be sent to all such persons and entities by first-class and certified mail or statutory overnight delivery, return receipt requested; and

(2) Shall file in the office of the clerk of the superior court of the county in which the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice is located and in the county wherein the patient resides, if a resident of this state, a verified statement setting forth the name and address of the patient as it appears on the records of the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice; the name and location of the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice and the name and address of the operator thereof; the dates of admission and discharge of the patient therefrom or with respect to a physician practice, the dates of treatment; and the amount claimed to be due for the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice care, which statement must be filed within the following time period:

(A) If the statement is filed by a hospital, nursing home, or provider of traumatic burn care medical practice, then the statement shall be filed within 75 120 days after the person has been discharged from the facility; or

(B) If the statement is filed by a physician practice, then the statement shall be filed within 90 150 days after the person first sought treatment from the physician practice for the injury."

SECTION 4.

Said part is further amended by revising subsection (a) of Code Section 44-14-473, relating to the effect of a covenant not to bring an action, as follows:

"(a) No release of the cause or causes of action or of any judgment thereon or any covenant not to bring an action thereon shall be valid or effectual against the lien created by Code Section 44-14-470 unless the holder thereof shall join therein or execute a release of the lien; and the claimant or assignee of the lien may enforce the lien by an action against the person, firm, or corporation liable for the damages or such person, firm, or corporation's insurer. If the claimant prevails in the action, the court may allow reasonable attorney's fees. The action shall be commenced against the person liable for the damages or such person's insurer within one year after notice is provided to the lien holder or its counsel of the date on which the liability is finally determined by a settlement, by a release, by a covenant not to bring an action, or by the judgment of a court of competent jurisdiction. Notice provided under this Code section shall be sent by certified mail."

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.