Legislature(1995 - 1996)
05/03/1996 01:30 PM Senate JUD
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SENATE JUDICIARY COMMITTEE
May 3, 1996
1:30 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Lyda Green, Vice-Chairman
Senator Mike Miller
Senator Al Adams
MEMBERS ABSENT
Senator Johnny Ellis
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 379(JUD)
"An Act authorizing establishment of community dispute resolution
centers to foster the resolution of disputes between juvenile
offenders and their victims."
CS FOR HOUSE BILL NO. 306(JUD)
"An Act relating to a lien for services provided by a hospital,
nurse, or physician."
PREVIOUS SENATE COMMITTEE ACTION
HB 379 - No previous Senate committee action.
HB 306 - See Judiciary minutes dated 5/2/96.
WITNESS REGISTER
Kathy Tibbles
Division of Family & Youth Services
Dept. of Health & Human Services
P.O. Box 110630
Juneau, AK 99811-0630
POSITION STATEMENT: Supports HB 379
Marveen Coggins
c/o Representative Toohey
Alaska State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Testified for sponsor of HB 306
ACTION NARRATIVE
TAPE 96-46, SIDE A
Number 001
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 1:35 p.m. Present were Senators Miller, Green, Adams, and
Taylor. The first order of business before the committee was HB
379.
CSHB 379(JUD) VICTIM/JUVENILE OFFENDER MEDIATION
KATHY TIBBLES, Division of Family and Youth Services, testified in
support of HB 379. Similar programs have been used in Southeast,
Alaska and Fairbanks, with a high degree of success.
SENATOR ADAMS asked Ms. Tibbles if she has reviewed the proposed
amendment. She had not.
CHAIRMAN TAYLOR explained the intent of the amendment is to make
sure this bill does not have a negative impact on other legislation
that splits juvenile programs. The amendment was requested by the
revisor of statutes.
MS. TIBBLES added it looks as though the amendment would place this
program in the new Chapter 12 in Title 47, with the passage of HB
387 as opposed to AS 47.10.
SENATOR ADAMS moved to adopt the amendment. There being no
objection, the motion carried.
SENATOR ADAMS moved and asked unanimous consent that CSHB 379(JUD)
as amended be moved from committee with individual recommendations.
There being no objection, the motion carried.
CSHB 306(JUD) PHYSICIAN'S LIENS
MARVEEN COGGINS, staff to Representative Toohey, sponsor of HB 306,
explained current statute allows a hospital or licensed special
nurse who gives medical care to a patient for a traumatic injury to
place a lien on any sum awarded to the injured person, however
physicians do not have the same statutory right. HB 306 addresses
that section of statute that has not been changed since Statehood.
It adds physicians to those who can file liens to get third party
reimbursement for services rendered. Further changes were made in
the House Judiciary Committee pertaining to update the lien
statutes in general. The time period in which to file a lien was
extended from 15 to 90 days after the injury or discharge from the
hospital. It requires a general description of services rendered
rather than an itemized statement. It requires the lien to be
filed in the recorder's office, but deletes the requirement that it
be filed in the recording district or borough in which the injury
occurred. With modern computerization, when a lien is filed in any
recording office, it can be found in the state's centralized index
system. It deletes the requirement that the copy of the liens sent
by mail be certified, and repeals a section about lien dockets, no
longer used. HB 306 has a zero fiscal note and passed the House
unanimously.
SENATOR GREEN verified this only adds to the present description
the word "physician." MS. COGGINS agreed, except for the changes
to update the lien statute.
SENATOR MILLER disagreed, and noted Section 3 expands the number of
days in which the lien can be filed, and no longer requires an
itemized statement, just a statement of general services, which he
believed to be a dramatic expansion.
MS. COGGINS commented she worked with an attorney, Peter
Ashenbrenner, who does a lot of lien work, on this bill. Regarding
Section 3, the extension of the lien filing time, 15 days was
thought to be too short a time frame because a hospital staff has
to screen for the patients who are victimized by traumatic injury
and then identify the place of injury. Regarding the itemized
statement, that statement was more like a hospital bill, and there
was concern that the statement could reveal confidential
information. A general statement can be more informative than an
itemized one. Contractors provide a general description of the
labor and materials, services, or equipment provided. It renders
unnecessary the questionable practice of filing in the public
record the itemized billing statement. The filing location
requirement was changed only to update the statute to what is
current practice using the centralized computer system.
Number 175
CHAIRMAN TAYLOR stated he discussed this bill with Mr. Ashenbrenner
because of concerns about piggybacking. If a physician and the
hospital piggybacked their lien claims onto the plaintiff's case,
once the case was over, and all of the work had been paid for by
other people, the doctor could come forward and ask for 100 percent
payment without sharing in any of the costs associated with the
judgment. Mr. Ashenbrenner prepared a detailed memo clarifying
that there is sufficient case law so that if a doctor checks the
central filing and determines a lien has been place, the doctor
must join in the settlement process to be reimbursed. In most
cases the doctor will still receive 100 percent, but in a case
where there is not enough money to pay for all medical bills, the
physician or hospital will have to participate in whatever the
original contingency contract. This bill will become an effective
tool for physicians to use to get their bills paid. Hospitals and
nurses seldom took advantage of the lien rights they had because of
the difficulty in filing under the limited time constraints.
CHAIRMAN TAYLOR referred to a discussion of the Noreen case
contained in committee members' packets that clearly indicates
physicians would have to pay for their participation in the
judgment.
Number 242
SENATOR GREEN moved CSHB 306(JUD) from committee with individual
recommendations. There being no objection, the motion carried.
CHAIRMAN TAYLOR announced the committee is awaiting a Senate
Judiciary committee substitute for HB 372 which will be heard at
the soonest possible date, and adjourned the meeting.
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