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

00CS 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)] 09  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. 21  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.