Senate Bill No. 626
(By Senators Snyder and McKenzie)
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[Introduced February 23, 2004; referred to the Committee on the
Judiciary.]
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A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated
§
33-6-7, relating to
creation of a physicians lien act; effect of lien; records of
physician; priority of liens; and exclusion of health
insurance benefits.
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 §33-6-7 to read as
follows:
ARTICLE 6. THE INSURANCE POLICY.
§33-6-37. Physicians Lien Act.
(a) Creation Of Physicians Lien. -- Every licensed physician,
including medical physicians, osteopathic physicians, chiropractic
physicians and podiatric physicians 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-four of this code, shall 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 such
claims and causes of action: Provided, That the lien shall include
a notice in writing containing the name and address of the injured
person, the date of the injury, the name and address of the
licensed physician practicing in this state and the name of the
party alleged to be liable to make compensation to such injured
person for the injuries received, which notice shall be served on
both the injured person and the party against whom such claim or
right of action exists. Service of the lien shall be made by
registered or certified mail or in person.
(b) Effect Of Lien. -- The lien of any such licensed physician
practicing in this state shall, from and after the time of service
of the aforesaid 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 such injured person. In case of death of the injured person,
the lien shall attach 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 a court against whom a claim shall
be therein asserted for damages resulting from injuries shall, upon
request in writing, be 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 act
shall, within thirty days of being so requested in writing by any
such party, furnish to such 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 such physician and the history, if
any, as given by the injured person, insofar as shown by the
records of the physician as to the manner in which the injuries
were received.
(d) Records Of Physician; examination by party against whom a
claim shall be asserted. -- Any party against whom a claim shall be
therein asserted for damages resulting from injuries shall, upon
request in writing, be 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 act
shall, within ten days of being so requested in writing by any such
party, furnish to such party, a written statement of the nature and
extent of the injuries sustained by and the treatment given to the injured person by such physician and the history, if any, as given
by the injured person, insofar as shown by the records of the
physician as to the manner in which the injuries were received.
(e) Failure to furnish medical report; effect. -- Should any
physician fail or refuse to give or file a written statement in
conformity with and as required by subsections (c) and (d) of this
section after being so requested in writing in conformity with said
subsections, the lien of such physician shall immediately become
null and void.
(f) Adjudication of rights; priority of liens. -- On petition
filed by the injured person or such licensed physician 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 herein 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 herein at
the time such bodily injury claim or cause of action is settled or
any such verdict or judgment is satisfied shall be held liable to
the licensed physician for the full amount of the lien.
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(NOTE: The purpose of this bill is to create
a physicians lien
act and defines the effect of lien, records of a physician,
priority of liens and exclusion of health insurance benefits
.
This section is new; therefore, strike-throughs and
underscoring have been ommitted.)