Senate Bill No. 526
(By Senators Sharpe and Bailey)
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[Introduced February 20, 1995; referred to the Committee
on the Judiciary.]
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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 physician's 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. Physician lien act.
(a)
Creation of physician lien. -- Every licensed physician,
including medical 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 West Virginia code section one, article four, chapter twenty-
three of the code of West Virginia, 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. -- Any physician claiming a lien
under this article shall, within thirty days of being so
requested in writing accompanied with a proper medical records
release for the records so requested shall furnish to the
requesting party, or file with the clerk of the court in which
the cause is pending, a copy of all 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 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)
Failure to furnish report medical -- Effect. -- Should
any physician fail to produce 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 physician
shall immediately become null and void.
(e)
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 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 physician for the full amount of the
lien.
NOTE: The purpose of this bill is to create a physician's
lien.
Section thirty-seven, article six, chapter thirty-three is
new; therefore, strike-throughs and underscoring have been
omitted.