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