Current Status Bill Number:3875 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950328 Primary Sponsor:Fleming, All Sponsors:Fleming, Richardson, McElveen, Huff, Wells, McCraw, Walker, Haskins, Harrell, Cato, Easterday, Robinson, Phillips and Harrison Drafted Document Number:br1\18293ac.95 Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Subject:Health services liens
Body Date Action Description Com Leg Involved
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House 19950328 Introduced, read first time, 27 H3M
referred to Committee
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TO AMEND TITLE 44, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 23 SO AS TO CREATE AND PROVIDE PROCEDURES FOR A LIEN ON BEHALF OF A HEALTH CARE FACILITY FOR HEALTH SERVICES RENDERED TO A PERSON ON ALL CAUSES OF ACTION ACCRUING TO THE PERSON ON ACCOUNT OF INJURIES GIVING RISE TO THE CAUSE OF ACTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 44, Chapter 7 of the 1976 Code is amended by adding:
Section 44-7-2810. For purposes of this article, the definitions contained in Section 44-7-130 apply.
Section 44-7-2820. A person, firm, or corporation operating a health care facility in this State shall have a lien for the reasonable charges for health services rendered to an injured person, and the lien is upon all causes of action accruing to the person to whom the services were furnished or to the legal representative of the person on account of injuries giving rise to the causes of action and which necessitated the health services.
Section 44-7-2830. To perfect the lien provided for in Section 44-7-2820, the operator of the health care facility within thirty days after the person has been discharged shall file in the office of the clerk of court of the county in which the facility is located and in the county in which the patient resides if a resident of this State a verified statement setting forth:
(1) the name and address of the patient as it appears on the records of the health care facility;
(2) the name and location of the health care facility, and the name and address of the operator;
(3) the dates of admission and discharge of the patient;
(4) the amount claimed to be due for the health services;
(5) to the best of the claimant's knowledge, the names and addresses of all persons, firms, or corporations claimed by the injured person or the legal representative of the person to be liable for damages arising from the injuries.
The claimant also shall within one day after the filing of the claim or lien, mail a copy of the lien to a person, firm, or corporation claimed to be liable for the damages to the address given in the statement. The filing of the claim or lien is notice to all persons, firms, or corporations liable for the damages, whether or not they are named in the claim or lien. The claimant shall pay the clerk a twenty-dollar filing fee for filing the lien.
Section 44-7-2840. The clerk of the court shall endorse the day and hour of filing on the statement filed pursuant to Section 44-7-2830, and at the expense of the county shall provide a health care facility lien book with a proper index in which the clerk shall enter the:
(1) date and hour of the filing;
(2) names and addresses of the health care facility, the operators, and the patient;
(3) amount claimed;
(4) names and addresses of those claimed to be liable for damage.
The information must be recorded in the name of the patient.
Section 44-7-2850. No release of the cause or causes of action or of a judgment or a covenant not to bring an action is valid or effectual against the lien created by Section 44-7-2820 unless the holder joins or executes 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. If the claimant prevails in the action, the court may allow reasonable attorney's fees. The action must be commenced against the person liable for the damages within one year after the date 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.
Section 44-7-2860. This article does not apply to any monies becoming due under Title 42."
SECTION 2. This act takes effect upon approval by the Governor.