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Introduced Version House Bill 2224 History

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hb2224 intr
H. B. 2224


(By Delegates Cann, Kominar,
H. White and Stalnaker)
[Introduced February 11, 2005; referred to the
Committee on the Judiciary.]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-6-37, relating to creation of a health care providers lien, the effect of the lien, the records of the health care provider, priority of liens and the 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 §33-6-37, to read as follows:
ARTICLE 6. THE HEALTH CARE INSURANCE POLICY.
§33-6-37. Health care provider lien act.
(a) Creation of physician lien. -- Every licensed physician, including medical physicians, osteopathic physicians, podiatric physicians, and physical therapists 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-three of this code, shall have a lien upon all claims and causes of action for the amount of the provider'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 health care provider practicing in this state, and the name of the party alleged to be liable to make compensation to the injured person for the injuries received, which notice shall be served on both the injured person and the party against whom the 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 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 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 health care provider - 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 health care provider in reference to the examination and treatment of the injured person. Any health care provider claiming a lien under this section shall, within thirty days of being so requested in writing by any party, furnish to the 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 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) Records of health care provider - 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 health care provider claiming a lien under this act shall, within ten days of being so requested in writing by any party, furnish to the party, 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 physician as to the manner in which the injuries were received.
(e) Failure to furnish medical report - effect. -- Should any health care provider fail or refuse to give or file a written statement in conformity with and as required by subsections (c) and (d) hereof after being so requested in writing in conformity with sections (c) and (d) hereof, the lien of the health care provider shall immediately become null and void.
(f) Adjudication of rights - priority of liens. -- On petition filed by the injured person or the licensed health care provider practicing in this state, the circuit court shall, on written notice to all interested adverse parties, adjudicated the rights of all interested parties and enforce their liens.
(g) 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 chapter thirty-three, articles fifteen, sixteen, sixteen-c, twenty-a, twenty-four, twenty-five and twenty-five-a 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 the 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.

This section
is new; therefore, strike-throughs and underscoring have been omitted.
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