H. B. 2801


(By Delegate Beach (By Request))

[Introduced February 24, 1995; referred to the

Committee on Banking and Insurance then the Judiciary.]





A BILL to amend article six, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section thirty-seven, relating to creation of a health care provider lien, the effect of the lien; the records of the physician; priority of liens; and the exclusion of health insurance benefits.

Be it enacted by the Legislature of West Virginia:
That article six, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section thirty-seven, to read as follows:
ARTICLE 6. THE INSURANCE POLICY.
§33-6-37. Health care provider lien act.
(a) Creation of health care provider lien. -- Every licensed health care provider, including medical physicians, chiropractic physicians and podiatric physicians, hospitals, outpatient service clients 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 West Virginia code section one, article four, chapter twenty-three of the code of West Virginia, shall have a lien upon all claims for the amount of the health care providers 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 health care provider 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 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 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 health care provider. -- Any health care provider claiming a lien under this article shall, within thirty days of being so requested in writing accompanied with proper medical records directly applicable to the injury, shall furnish to the requesting party, or file with the clerk of the court in which the cause is pending, a copy of medical records and a written statement of the nature and extent of the injuries sustained by and the treatment given to the injured person by the health care provider and the history, if any, as given by the injured person, insofar as shown by the records of the health care provider as to the manner in which the injuries were received.
(d) Failure to furnish report medical -- Effect. -- Should any health care provider fail to produce appropriate medical records or refuse to give or file a written statement in conformity with and as required by subsection (c) hereof after being so requested in writing in conformity with subsection (c) hereof the lien of such health care provider shall immediately become null and void.
(e) Adjudication of rights -- Priority of liens. -- On petition filed by the injured person or such licensed health care provider practicing in this state, the circuit court shall, on written notice to all interested parties, adjudicate the rights of all interested parties and enforce their liens.
(f) Exclusion of health insurance benefits. -- That 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. This 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-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.
(g) 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 health care provider for the full amount of the lien.



NOTE: The purpose of this bill is to create a health care providers lien.

Section thirty-seven, article six, chapter thirty-three is new; therefore, strike-throughs and underscoring have been omitted.