H 4976 Session 112 (1997-1998)
H 4976 General Bill, By Harrison
A BILL TO AMEND CHAPTER 15, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO MISCELLANEOUS LIENS, BY ADDING SECTION 29-15-120 SO AS TO CREATE A
LIEN ON THE RECOVERY IN A PERSONAL INJURY CIVIL ACTION IN FAVOR OF A PROVIDER
OF MEDICAL SERVICES AND MEDICAL SUPPLIES; TO REQUIRE THE PROVIDER TO TIMELY
FILE THE LIEN AND TO FURNISH CERTAIN INFORMATION TO THE ATTORNEY FOR THE
PLAINTIFF; TO REQUIRE THE ATTORNEY FOR THE PLAINTIFF TO RETAIN THE LIEN
AMOUNTS BEFORE DISTRIBUTION OF THE RECOVERY AND TO PROVIDE FOR DISPUTED
CLAIMS; AND TO DEFINE "RECOVERY".
04/08/98 House Introduced and read first time HJ-22
04/08/98 House Referred to Committee on Judiciary HJ-22
A BILL
TO AMEND CHAPTER 15, TITLE 29, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO MISCELLANEOUS
LIENS, BY ADDING SECTION 29-15-120 SO AS TO CREATE A
LIEN ON THE RECOVERY IN A PERSONAL INJURY CIVIL
ACTION IN FAVOR OF A PROVIDER OF MEDICAL SERVICES
AND MEDICAL SUPPLIES; TO REQUIRE THE PROVIDER TO
TIMELY FILE THE LIEN AND TO FURNISH CERTAIN
INFORMATION TO THE ATTORNEY FOR THE PLAINTIFF; TO
REQUIRE THE ATTORNEY FOR THE PLAINTIFF TO RETAIN
THE LIEN AMOUNTS BEFORE DISTRIBUTION OF THE
RECOVERY AND TO PROVIDE FOR DISPUTED CLAIMS; AND
TO DEFINE "RECOVERY".
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 15, Title 29 of the 1976 Code is amended by
adding:
"Section 29-15-120. (A) A provider of medical services or
medical supplies, or both, in connection with an injury which is
compensated in a personal injury civil action has a lien on any
damages recovered by the injured party or by the party on whose
behalf the recovery was made as compensation for the injury, to the
extent the provider has not been paid for the services or supplies.
(B) The lien for medical services or supplies described in
subsection (A) is valid when the provider asserting the lien:
(1) files a claim with the clerk of the court in which the personal
injury civil action is instituted within thirty days of the institution of
the action; and
(2) furnishes, upon request and without charge to the attorney
representing the plaintiff in the personal injury civil action, an
itemized statement, hospital record, or medical report for the use of
the attorney in negotiation of a settlement or trial of the claim.
(C)(1) The attorney for the plaintiff or any other person receiving
the recovery on behalf of and for distribution to the injured party or
the party on whose behalf the recovery was made must retain an
amount sufficient to pay the just and bona fide claims for medical
services and supplies for which valid liens exist and compensation is
recovered.
(2) Payment of a disputed claim for medical services or medical
supplies is not required until the claim is fully established and the
amount determined as provided by law. The amount of the lien
described in subsection (A) may not exceed the amount of the claim
in dispute.
(D) For purposes of this section, 'recovery' means all funds paid in
damages as compensation for the injury or in settlement of the
personal injury civil action."
SECTION 2. This act takes effect upon approval by the Governor.
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