H 3875 Session 111 (1995-1996)
H 3875 General Bill, By Fleming, Cato, Easterday, Harrell, Harrison, Haskins,
T.E. Huff, McCraw, J.T. McElveen, Phillips, Richardson, Robinson, Walker and
C.C. Wells
A Bill 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.
03/28/95 House Introduced and read first time HJ-7
03/28/95 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-7
A BILL
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:
"Article 23
Health Services Liens
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.
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