06
SB306/AP
Senate
Bill 306
By:
Senators Hamrick of the 30th and Harp of the 29th
AS PASSED
AS PASSED
AN
ACT
To
amend Title 44 of the Official Code of Georgia Annotated, relating to property,
so as to change provisions relating to duty of the clerk of superior court to
record certain transactions and duties as to lien book; to change notice and
filing provisions with respect to certain liens; to change a provision relating
to the effect of release or covenant not to sue on hospitals and other medical
provider liens; to change a provision relating to the effect of this part on a
settlement or release entered into before entry into a hospital, nursing home,
or traumatic burn care medical facility; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
44 of the Official Code of Georgia Annotated, relating to property, is amended
by striking subparagraph (a)(1)(C) of Code Section 44-2-2, relating to the duty
of the clerk of the superior court to record certain transactions, and inserting
in lieu thereof the following:
"(C)
Liens of all kinds;
and"
SECTION
2.
Said
title is further amended by striking Code Section 44-14-471, relating to filing
of verified statement, and inserting in lieu thereof the following:
"44-14-471.
(a)
In order to perfect the lien provided for in Code Section 44-14-470, the
operator of the hospital, nursing home, physician practice, or provider of
traumatic burn care medical practice:
(1)
Shall, not less than 15 days prior to the date of filing the statement required
under paragraph (2) of this subsection, provide written notice to the patient
and, to the best of the
claimant́s
knowledge, the persons, firms, corporations, and their insurers claimed by the
injured person or the legal representative of the injured person to be liable
for damages arising from the injuries and shall include in such notice a
statement that the lien is not a lien against the patient or any other property
or assets of the patient and is not evidence of the
patient́s
failure to pay a debt. Such notice shall be sent to all such persons and
entities by first-class and certified mail or statutory overnight delivery,
return receipt requested; and
(2)
Shall file in the office of the clerk of the superior court of the county in
which the hospital, nursing home, physician practice, or provider of traumatic
burn care medical practice is located and in the county wherein the patient
resides, if a resident of this state, a verified statement setting forth the
name and address of the patient as it appears on the records of the hospital,
nursing home, physician practice, or provider of traumatic burn care medical
practice; the name and location of the hospital, nursing home, physician
practice, or provider of traumatic burn care medical practice and the name and
address of the operator thereof; the dates of admission and discharge of the
patient therefrom or with respect to a physician practice, the dates of
treatment; and the amount claimed to be due for the hospital, nursing home,
physician practice, or provider of traumatic burn care medical practice care,
which statement must be filed within the following time period:
(A)
If the statement is filed by a hospital, nursing home, or provider of traumatic
burn care medical practice, then the statement shall be filed within 75 days
after the person has been discharged from the facility; or
(B)
If the statement is filed by a physician practice, then the statement shall be
filed within 90 days after the person first sought treatment from the physician
practice for the injury.
(b)
The filing of the claim or lien shall be notice thereof to all persons, firms,
or corporations liable for the damages, whether or not they received the written
notice provided for in this Code section. The failure to perfect such lien by
timely complying with the notice and filing provisions of paragraphs (1) and (2)
of subsection (a) of this Code section shall invalidate such lien, except as to
any person, firm, or corporation liable for the damages, which receives prior to
the date of any release, covenant not to bring an action, or settlement, actual
notice of a notice and filed statement made under subsection (a) of this Code
section, via hand delivery, certified mail, return receipt requested, or
statutory overnight delivery with confirmation of
receipt."
SECTION
3.
Said
title is further amended by striking Code Section 44-14-472, relating to duties
of the clerk of the superior court as to lien book, and inserting in lieu
thereof the following:
"44-14-472.
The
clerk of the superior court shall endorse the date and hour of filing on the
statement filed pursuant to Code Section 44-14-471; and, at the expense of the
county, the clerk shall provide a lien book with a proper index in which the
clerk shall enter the date and hour of the filing; the names and addresses of
the hospital, nursing home, physician practice, or provider of traumatic burn
care medical practice, the operators thereof, and the patient; and the amount
claimed. The information shall be recorded in the name of the patient. The clerk
shall receive a fee as required by subparagraph (f)(1)(A) of Code Section
15-6-77 as his or her fee for such
filing."
SECTION
4.
Said
title is further amended by striking Code Section 44-14-473, relating to the
effect of a covenant not to bring an action, and inserting in lieu thereof the
following:
"44-14-473.
(a)
No release of the cause or causes of action or of any judgment thereon or any
covenant not to bring an action thereon shall be valid or effectual against the
lien created by Code Section 44-14-470 unless the holder thereof shall join
therein or execute a release of the lien; and the claimant or assignee of the
lien may enforce the lien by an action against the person, firm, or corporation
liable for the damages or such person, firm, or
corporatiońs
insurer. If the claimant prevails in the action, the court may allow reasonable
attorneýs
fees. The action shall be commenced against the person liable for the damages or
such
persońs
insurer within one year after the date the liability is finally determined by a
settlement, by a release, by a covenant not to bring an action, or by the
judgment of a court of competent jurisdiction.
(b)
No release or covenant not to bring an action which is made before or after the
patient was discharged from the hospital, nursing home, or provider of traumatic
burn care medical practice or, with respect to a physician practice, which is
made after the patient first sought treatment from the physician practice for
the injuries shall be effective against the lien perfected in accordance with
Code Section 44-4-471, if such lien is perfected prior to the date of the
release, covenant not to bring an action, or settlement unless consented to by
the lien claimant; provided, however, that any person, firm, or corporation
which consummates a settlement, release, or covenant not to bring an action with
the person to whom hospital, nursing home, physician practice, or traumatic burn
care medical practice care, treatment, or services were furnished and which
first procures from the injured party an affidavit as prescribed in subsection
(c) of this Code section shall not be bound or otherwise affected by the lien
except as provided in subsection (c) of this Code section, regardless of when
the settlement, release, or covenant not to bring an action was
consummated.
(c)
The affidavit shall affirm:
(1)
That all hospital, nursing home, physician practice, or provider of traumatic
burn care medical practice bills incurred for treatment for the injuries for
which a settlement is made have been fully paid; and
(2)
The county of residence of such affiant, if a resident of this
state;
provided,
however, that the person taking the affidavit shall not be protected thereby
where the affidavit alleges the county of the
affiant́s
residence and the lien of the claimant is at such time on file in the office of
the clerk of the superior court of the county and is recorded in the name of the
patient as it appears in the
affidavit."
SECTION
5.
Said
title is further amended by striking Code Section 44-14-475, relating to the
effect of this part on a settlement before entry into a hospital, nursing home,
or traumatic burn care medical facility, and inserting in lieu thereof the
following:
"44-14-475.
No
settlement or release entered into or executed prior to the entry of the injured
party into the hospital, nursing home, or facility which provides traumatic burn
care medical practice or prior to the time the patient first sought treatment
from the physician practice for the injuries shall be affected by or subject to
the terms of this
part."
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.