Bill Text: MS HB1335 | 2018 | Regular Session | Introduced
Bill Title: Hospital liens; authorize.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-01-30 - Died In Committee [HB1335 Detail]
Download: Mississippi-2018-HB1335-Introduced.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary A
By: Representative Aguirre
House Bill 1335
AN ACT TO AUTHORIZE HOSPITALS TO HAVE LIENS FOR ALL REASONABLE AND NECESSARY CHARGES FOR HOSPITAL CARE, TREATMENT AND MAINTENANCE OF ILL OR INJURED PERSONS; TO PROVIDE THAT THE LIEN SHALL NOT APPLY TO ANY AMOUNT IN EXCESS OF ONE-THIRD OF THE DAMAGES OBTAINED OR RECOVERED BY SUCH PERSON BY JUDGMENT; TO PROVIDE THAT THE HOSPITAL LIEN SHALL BE SUBJECT AND SUBORDINATE TO ANY ATTORNEY'S LIEN WHETHER BY CONTRACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Except as otherwise provided in Sections 85-7-301 through 85-7-317 for providers of burn care services, every person, firm, association, corporation, institution, or any governmental unit, including the State of Mississippi, any county or municipality operating and maintaining a hospital in this state, shall have a lien for all reasonable and necessary charges for hospital care, treatment and maintenance of ill or injured persons upon any and all causes of action, suits, claims, counterclaims or demands accruing to the person to whom such care, treatment or maintenance was furnished, or accruing to the legal representatives of such person in the case of such person's death, on account of illness or injuries giving rise to such causes of action or claims and which necessitated such hospital care, treatment and maintenance.
(2) The hospital lien, however, shall not apply to any amount in excess of one-third (1/3) of the damages obtained or recovered by such person by judgment, settlement or compromise rendered or entered into by such person or such person's legal representative by virtue of the cause of action accruing thereto.
(3) The lien herein created shall be subject and subordinate to any attorney's lien whether by contract, suit or judgment upon such claim or cause of action and shall not be applicable to accidents or injuries within the purview of the Mississippi Workers' Compensation Law, compiled in Title 71, Chapter 3 or any liens filed pursuant to Title 85, Chapter 7, Article 19. Any such lien arising out of a motor vehicle accident shall not take priority over a mechanic's lien or prior recorded lien upon a motor vehicle involved in such accident.
SECTION 2. This act shall take effect and be in force from and after July 1, 2018.
