SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Introduced Version Senate Bill 27 History

   |  Email
Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 27

(By Senator Foster)

____________

[Introduced February 11, 2009; referred to the Committee on the Judiciary.]

____________




A BILL to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-6-38, relating to creating the Physicians Lien Act; creating physician liens on claims and causes of action by injured parties; requiring the release of physician records; requiring adjudication of claims; and establishing priority of lien.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §33-6-38, to read as follows:
ARTICLE 6. THE INSURANCE POLICY.

§33-6-38. Physicians Lien Act.

(a) Creation of physicians lien. -- Every licensed physician, including medical physicians, osteopathic physicians, chiropractic physicians, podiatric physicians and physical therapists practicing in this state who renders services by way of treatment to injured persons, except for services covered by workers' compensation and rendered pursuant to article four, chapter twenty-three of this code, have a lien upon all claims and causes of action for the amount of the physician's reasonable charges up to the date of payment of the claims and causes of action. In order to enforce the lien the licensed physician or therapist will serve on both the injured person and the party against whom the claim or right of action exists or that persons liability insurance company, a written notice containing the name and address of the injured person, the date of the injury, the name and address of the licensed physician or therapist practicing in this state and the name of the party alleged to be liable to make compensation to the injured person for the injuries received. The notice is served by registered or certified mail or in person.
(b) Effect of lien. -- The lien of the licensed physician or therapist practicing in this state will, from and after the time of service of the notice, attach to any verdict, judgment or order secured in any suit or action by the injured party based on any negligent or wrongful act, and to any money or property which may be recovered by compromise settlement, or paid in satisfaction of any verdict or judgment resulting from any suit or action brought by the injured person. In case of death of the injured person, the lien attaches to any money or property which may be recovered by compromise settlement or paid in satisfaction of any verdict or judgment resulting from any suit or action brought by the administrator of the estate of the injured person against any other person for the recovery of damages on account of injuries.
(c) Records of physician; examination by party to action. -- Any party to a cause pending in circuit court against whom a claim is asserted for damages resulting from bodily injury, upon request in writing and upon presentation of a medical record release authorization or subpoena compliant with the Health Insurance Portability and Accountability Act 1996 (HIPAA), is permitted to examine the records of the physician or therapist in reference to the examination and treatment of the injured person. Any physician or therapist claiming a lien under this section shall, within thirty days of being so requested in writing by a party, and only after presentation of a HIPAA compliant medical record release authorization or subpoena, furnish to the requesting party, or file with the clerk of the court in which the cause is pending, a written statement of the nature and extent of the injuries sustained by and the treatment given to the injured person by the physician or therapist and the history, if any, as given by the injured person, as shown by the medical records and the manner in which the injuries were received.
(d) Records of physician; examination by party against whom a claim is asserted. -- Any party against whom a claim is asserted for damages resulting from injuries, upon request in writing and upon presentation of a HIPAA compliant medical record release authorization, is permitted to examine the records of the physician in reference to the examination and treatment of the injured person. Any physician claiming a lien under this section shall, within thirty days of being so requested in writing by the party, and only after presentation of a HIPAA compliant medical record release authorization, furnish to the party, a written statement of the nature and extent of the injuries sustained by and the treatment given to the injured person by the physician or therapist and the history, if any, as given by the injured person, as shown by the medical records and the manner in which the injuries were received.
(e) Failure to furnish medical report; effect. -- If a physician or therapist fails or refuses to give or file a written statement in conformity with and as required by subsections (c) and (d) of this section after being requested in writing in conformity with those subsections, the lien of the physician immediately becomes null and void.
(f) Adjudication of rights; priority of liens. -- Upon petition filed by the injured person or medical lien holder practicing in this state, the circuit court shall, on written notice to all interested adverse parties, adjudicate the rights of all interested parties and enforce their liens.
(g) Exclusion of health insurance benefits. -- The lien created in this section attaches only to payments made for the benefit of insureds arising under a contract of insurance including all bodily injury liability insurance, underinsured liability insurance, uninsured liability insurance and medical payment insurance coverage and to payments made in a compromise settlement of any bodily injury claim or cause of action or payments made to satisfy a verdict or judgment paid from any insurance company, corporation or individual. The lien does not attach to payments made to injured persons under a policy or contract of group or individual accident and sickness insurance including health insurance benefits, paid under insurance contracts governed by articles fifteen, sixteen, sixteen-c, twenty-a, twenty-four, twenty-five and twenty-five-a, chapter thirty-three of this code, or by any contract of insurance of a self-insured health care fund.
(h) Payment required. -- Any insurance company, corporation or individual who fails to pay or satisfy any lien created in this section at the time the bodily injury claim or cause of action is settled or a verdict or judgment is satisfied is liable to the licensed physician or therapist for the full amount of the lien.
(i) HIPAA Compliant Medical Records Release Authorization. -- A HIPAA compliant medical records release authorization for the purpose referred to in this section is a written medical record release document that is compliant with 45 C.F.R. §§160-164 (2003) and the Health Insurance Portability and Accountability Act 1996 and which is signed by the person or a legal representative of the person whose protected health information is the subject of the request.


NOTE: The purpose of this bill is to
create a Physicians Lien Act to allow physicians and other providers to place liens on claims and causes of action by injured parties.

This section is new; therefore, strike-throughs and underscoring have been omitted.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print