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.