Bill Text: IA HF540 | 2011-2012 | 84th General Assembly | Amended
Bill Title: A bill for an act creating the health care professional lien Act. (Formerly HSB 92)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF540 Detail]
Download: Iowa-2011-HF540-Amended.html
House
File
540
-
Reprinted
HOUSE
FILE
540
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
92)
(As
Amended
and
Passed
by
the
House
March
15,
2011
)
A
BILL
FOR
An
Act
creating
the
health
care
professional
lien
Act.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
HF
540
(5)
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H.F.
540
Section
1.
NEW
SECTION
.
582A.1
Short
title.
1
This
Act
may
be
cited
as
the
“Health
Care
Professional
Lien
2
Act”
.
3
Sec.
2.
NEW
SECTION
.
582A.2
Definitions.
4
As
used
in
this
chapter,
unless
the
context
otherwise
5
requires:
6
1.
“Health
care
professional”
means
a
person
licensed
7
pursuant
to
chapter
148,
148A,
148C,
149,
151,
or
153,
or
an
8
advanced
registered
nurse
practitioner
licensed
under
chapter
9
152
and
registered
with
the
board
of
nursing.
10
2.
“Health
insurance”
means
benefits
consisting
of
11
health
or
dental
care
provided
directly,
through
insurance,
12
reimbursement,
or
otherwise,
and
including
items
and
services
13
paid
for
as
health
care
under
a
hospital
or
health
service
14
policy
or
certificate,
hospital
or
health
service
plan
15
contract,
or
health
maintenance
organization
contract
offered
16
by
a
carrier,
including
limited
scope
dental
benefits
provided
17
under
a
separate
policy;
provided
however,
“health
insurance”
18
does
not
include
any
of
the
following:
19
a.
Coverage
for
accident-only,
or
disability
income
20
insurance.
21
b.
Coverage
issued
as
a
supplement
to
liability
insurance.
22
c.
Liability
insurance,
including
general
liability
23
insurance
and
automobile
liability
insurance.
24
d.
Workers’
compensation
or
similar
insurance.
25
e.
Automobile
medical-payment
insurance.
26
f.
Credit-only
insurance.
27
g.
Coverage
for
on-site
medical
clinic
care.
28
h.
Benefits
covering
only
long-term
care,
nursing
home
care,
29
home
health
care,
or
community-based
care.
30
i.
Limited
scope
vision
benefits
provided
under
a
separate
31
policy.
32
j.
Coverage
only
for
a
specified
disease
or
illness.
33
k.
A
hospital
indemnity
or
other
fixed
indemnity
insurance.
34
l.
Other
similar
insurance
coverage,
as
specified
in
federal
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regulations
or
by
rule
of
the
commissioner
of
insurance,
under
1
which
benefits
for
medical
care
are
secondary
or
incidental
to
2
other
insurance
coverage
or
provide
for
coverage
of
limited
3
scope
benefits
other
than
limited
scope
dental
benefits.
4
Sec.
3.
NEW
SECTION
.
582A.3
Lien
created.
5
1.
Every
health
care
professional
who
renders
any
service
6
in
the
treatment,
care,
or
maintenance
of
any
injured
patient
7
shall
have
a
lien
upon
all
claims
and
causes
of
action
8
of
the
injured
patient
for
the
amount
of
the
health
care
9
professional’s
charges
up
to
the
date
of
payment
of
damages
to
10
the
injured
patient,
if
the
injured
patient
meets
the
following
11
requirements:
12
a.
The
patient’s
injuries
are
due
to
an
accident
or
13
intentional
act
by
a
third
party,
which
is
not
covered
by
the
14
workers’
compensation
Act
in
chapter
85,
85A,
or
85B.
15
b.
Either
of
the
following:
16
(1)
The
patient
does
not
have
health
insurance.
17
(2)
The
patient’s
health
insurance
carrier
has
denied
18
payment
for
services
provided
by
the
health
care
professional
19
and
the
health
care
professional
is
not
prohibited
from
20
pursuing
payment
from
the
patient
under
the
terms
of
any
21
agreement
between
the
health
care
professional
and
the
22
patient’s
health
insurance
carrier.
23
2.
The
injured
patient
or
the
injured
patient’s
legal
24
representative
or
attorney
shall
notify
the
health
care
25
professional
at
the
time
services
are
rendered,
or
as
soon
26
as
practicable
thereafter,
that
the
patient’s
injuries
were
27
sustained
in
an
accident
or
were
the
result
of
an
intentional
28
act
by
a
third
party.
In
addition,
the
notification
shall
29
include
the
date
of
the
accident
or
intentional
act,
the
30
persons,
entities,
or
insurers
allegedly
liable
for
the
injured
31
patient’s
damages,
and
the
name
and
contact
information
for
the
32
injured
patient’s
attorney
or
legal
representative,
if
any.
33
Sec.
4.
NEW
SECTION
.
582A.4
Written
notice
of
lien.
34
A
lien
shall
not
be
effective
unless
a
written
notice
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containing
the
name
and
address
of
the
injured
patient,
the
1
date
of
the
accident
or
intentional
act,
the
name
and
address
2
of
the
health
care
professional,
and
the
name
of
the
party
3
allegedly
liable
for
the
injured
patient’s
damages
is
served
on
4
both
the
injured
patient
and
the
party
against
whom
the
claim
5
or
right
of
action
exists.
Service
shall
be
made
by
certified
6
mail
or
restricted
certified
mail,
as
defined
in
section
7
618.15,
or
in
person.
A
copy
of
the
notice
shall
be
mailed
8
to
the
injured
patient’s
attorney
or
legal
representative
9
provided
the
patient
has
previously
provided
the
health
10
care
professional
with
the
name
and
address
of
the
patient’s
11
attorney
or
legal
representative.
12
Sec.
5.
NEW
SECTION
.
582A.5
Lien
payments.
13
Payments
under
the
lien
created
under
this
chapter
shall
be
14
made
directly
to
the
health
care
professional.
15
Sec.
6.
NEW
SECTION
.
582A.6
Items
to
which
lien
attaches
16
——
enforcement.
17
1.
A
health
care
professional’s
lien
under
this
chapter
18
shall,
from
and
after
the
time
of
the
service
of
the
lien
19
notice,
attach
to
any
verdict,
judgment,
award,
settlement,
20
or
compromise
secured
by
or
on
behalf
of
the
injured
21
patient
related
to
the
injuries
treated
by
the
health
care
22
professional.
If
the
verdict,
judgment,
award,
settlement,
or
23
compromise
is
to
be
paid
over
time
by
means
of
an
annuity
or
24
otherwise,
any
lien
under
this
chapter
shall
be
satisfied
by
25
the
party
obligated
to
compensate
the
injured
patient
before
26
the
establishment
of
the
annuity
or
other
extended
payment
27
mechanism.
28
2.
a.
A
settlement
made
by
and
between
the
patient
and
29
the
persons,
entities,
or
insurers
allegedly
liable
for
the
30
injured
patient’s
damages
shall
not
discharge
the
lien
against
31
any
money
due
or
owing
by
such
person,
entity,
or
insurer
to
32
the
patient
or
relieve
the
person,
entity,
or
insurer
from
33
liability
by
reason
of
such
lien
unless
any
of
the
following
34
apply:
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b.
The
settlement
also
provides
for
the
payment
and
1
discharge
of
such
lien.
2
c.
A
written
release
or
waiver
of
any
such
claim
of
lien
3
is
signed
by
the
health
care
professional
and
either
of
the
4
following
apply:
5
(1)
The
written
release
or
waiver
is
filed
in
the
court
6
where
an
action
has
been
commenced
against
the
persons,
7
entities,
or
insurers
allegedly
liable
for
the
injured
8
patient’s
damages.
9
(2)
The
written
release
or
waiver
is
delivered
by
certified
10
mail
or
restricted
certified
mail,
as
defined
in
section
11
618.15,
or
in
person
to
such
persons,
entities,
or
insurers
12
allegedly
liable
for
the
injured
patient’s
damages,
if
no
court
13
action
has
been
commenced
against
the
persons,
entities,
or
14
insurers
allegedly
liable
for
the
injured
patient’s
damages.
15
3.
a.
After
the
filing
and
mailing
of
a
health
care
16
professional’s
lien
notice,
any
person,
entity,
or
insurer
17
who
makes
any
payment
to
an
injured
patient
or
to
the
injured
18
patient’s
attorneys,
heirs,
or
legal
representatives
as
19
compensation
for
the
injury
sustained
from
the
accident
or
20
intentional
act
without
paying
the
health
care
professional
21
the
amount
of
the
health
care
professional’s
lien
recoverable
22
pursuant
to
section
582A.3,
or
so
much
thereof
as
can
be
23
satisfied
out
of
the
money
due
under
any
final
judgment
or
24
compromise
or
settlement
agreement,
shall,
for
a
period
of
one
25
year
from
the
date
of
payment
to
such
patient
or
the
patient’s
26
heirs,
attorneys,
or
legal
representatives,
be
liable
to
such
27
health
care
professional
for
the
amount
of
the
health
care
28
professional’s
outstanding
lien.
The
health
care
professional
29
may,
within
such
one-year
period,
enforce
the
lien
by
filing
an
30
action
at
law
against
such
person,
entity,
or
insurer
making
31
any
such
payment.
32
b.
In
any
action
filed
by
a
health
care
professional
33
pursuant
to
paragraph
“a”
to
enforce
the
lien,
the
health
care
34
professional
shall
be
entitled
to
recover
reasonable
attorney
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