CSHB 306(JUD): "An Act relating to a lien for services provided by a hospital, nurse, or physician."

00 CS FOR HOUSE BILL NO. 306(JUD)                                                                                          
01 "An Act relating to a lien for services provided by a hospital, nurse, or                                               
02 physician."                                                                                                             
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 34.35.450(a) is amended to read:                                                                    
05  (a)  An operator of a hospital in the state, [OR] a licensed special nurse in a                                     
06 hospital in the state, or a physician who furnishes service to a person who has a                                     
07 traumatic injury has a lien upon any sum awarded to the injured person or the personal                                  
08 representative of the injured person by judgment or obtained by a settlement or                                         
09 compromise to the extent of the amount due the hospital, [OR] nurse, or physician for                               
10 the reasonable value of the service furnished before the date of judgment, settlement,                                  
11 or compromise, together with costs and reasonable attorney fees that the court allows,                                  
12 incurred in the enforcement of the lien.  AS 34.35.450 - 34.35.480 do not apply to a                                    
13 claim, right of action, or money accruing under  AS 23.30 (Workers' Compensation                                        
14 Act).                                                                                                                   
01    * Sec. 2.  AS 34.35.455 is amended to read:                                                                          
02  Sec. 34.35.455.  LIMITATION ON EXTENT OF LIEN.  Except as otherwise                                                   
03 provided, a lien under AS 34.35.450 - 34.35.480 may not be allowed for                                                  
04 hospitalization or the services of a physician or licensed special nurse furnished after                              
05 a settlement is made by or on behalf of the person causing the injury unless the                                        
06 settlement is made within 20 days from the date of the injury.  A lien is not allowed                                   
07 for necessary attorney fees, costs, and expenses incurred by the injured person in                                      
08 securing a settlement, compromise, or judgment.                                                                         
09    * Sec. 3.  AS 34.35.460 is amended to read:                                                                          
10  Sec. 34.35.460.  NOTICE OF LIEN.  To perfect the lien described in                                                    
11 AS 34.35.450  - 34.35.480, the hospital or the owner or operator of the hospital, or the                               
12 physician or licensed special nurse, shall, not later than 90 [20] days after the date of                            
13 injury, or in no event later than 90 [15] days after the discharge of the injured person                              
14 from the hospital or the provision of the physician's services, file a notice of lien                                 
15 substantially in the form prescribed in AS 34.35.465, containing a general description                                 
16 of the services rendered and a [AN ITEMIZED] statement of the amount claimed,                                          
17 with a recorder's office [THE RECORDING OFFICER OF THE RECORDING                                                      
18 DISTRICT OR BOROUGH IN WHICH THE INJURY OCCURRED], and shall, after                                                     
19 the 90-day [20-DAY] period, before the date of judgment, settlement, or compromise,                                   
20 serve a [CERTIFIED] copy of the notice of lien by registered mail, at the last known                                    
21 address, upon the person alleged to be responsible for causing the injury and from                                      
22 whom damages are claimed, and upon the insurance carrier that has insured against the                                   
23 liability, if the insurance carrier is known.                                                                           
24    * Sec. 4.  AS 34.35.465 is amended to read:                                                                          
25  Sec. 34.35.465.  FORM OF NOTICE.  The form of notice required by                                                      
26 AS 34.35.450  - 34.35.480 shall be substantially as follows:                                                            
27 NOTICE is hereby given that                            has rendered services for                                     
28 hospitalization, physician services, or special nurses' services for                       ,                        
29 a person who was injured on the          day of                        at              in the                     
30 state, and the                                     (claimant) hereby claims a lien upon any                           
31 money due or owing or any claim for compensation, damages, contribution, settlement,                                    
01 or judgment from                                               alleged to have caused the                             
02 injuries and any other person liable for the injury or obligated to compensate the                                      
03 injured person on account of the injuries; the hospitalization, physician services, [(]                               
04 or special nurses' services [)] were [WAS] rendered to the injured person between the                                
05           day of                         and                        :                                             
06 General Description of Services Rendered and                                                                            
07 Statement of Amount Due                                                                                                
08 [(ITEMIZED STATEMENT)]                                                                                                  
10 and that 90 [15] days have not elapsed since that time; that the claimant's demands for                              
11 care and service is in the sum of $               and that no part of the demands has                                 
12 been paid, except $            , and that there is now due and owing and remaining                                    
13 unpaid thereof, after deducting all credits and offsets, the sum of $           , in which                            
14 amount lien is hereby claimed.                                                                                          
15 United States of America                                                                                               
16 State of Alaska                        ss.                                                                             
17                Judicial District                                                                                     
18  I,                                           , being first duly sworn on oath say: That                             
19 I am                                        named in the foregoing claim of lien; that I have                         
20 read the same and know the contents thereof and believe the same to be true.                                            
22  Subscribed and sworn to before me this           day of                          ,                                
23 19     .                                                                                                              
24                                                                        Notary Public for Alaska                      
25    * Sec. 5.  AS 34.35.475 is amended to read:                                                                          
26  Sec. 34.35.475.  SETTLEMENT AFTER NOTICE.  (a)  A person or insurer                                                   
27 is liable to a hospital, physician, or nurse, in the amount that the hospital, physician,                           
28 or nurse is entitled to receive, for 180 days after the date of a payment to the injured                                
29 person, the heirs of the injured person, personal representatives, or the attorney of                                   
30 them, when the person or insurer                                                                                        
31   (1)  receives a [THE CERTIFIED] copy of notice of lien, or the lien is                                             
01 recorded as provided in AS 34.35.460 and 34.35.465;                                                                     
02   (2)  makes the payment after receipt of notice or the recording of the                                               
03 lien as compensation for the injury suffered; and                                                                       
04   (3)  does not pay the hospital, physician, or the licensed special nurse                                           
05 for the reasonable value of the services rendered to the injured person and claimed in                                  
06 the notice of lien, or so much of the value of the services as can be satisfied out of a                                
07 judgment, settlement, or compromise, after paying the attorney fees, costs, and                                         
08 expenses incurred in connection with it.                                                                                
09  (b)  The hospital, physician, or nurse has a cause of action, during the 180                                        
10 days, against the person or insurer.                                                                                    
11    * Sec. 6.  AS 34.35 is amended by adding a new section to read:                                                      
12  Sec. 34.35.482.  DEFINITION.  In AS 34.35.450 - 34.35.482, "physician"                                                
13 means a person licensed as a chiropractor under AS 08.20 or a person licensed as a                                      
14 doctor of medicine under AS 08.64.                                                                                      
15    * Sec. 7.  AS 34.35.470 is repealed.