H. B. 4662


(By Delegates Phillips, Beane, Vest, L. White
and Ashcraft)

[Introduced March 2, 1994; referred to the
Committee on 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 the creation of a physicians lien; the effect of the lien; the records of the physician; the 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, osteopathic physicians, chiropractic physicians and podiatric physicians practicing in this state who renders services by way of treatment to injured persons, except services rendered under the provisions of the workers' compensation act, 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. Notwithstanding any other provision of this article, payment in good faith to any person other than the physician claiming or asserting such lien prior to the service of such notice of lien shall, to the extent of the payment so made, bar or prevent the creation of an enforceable lien.

(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 the negligent or wrongful act, and to any money or property which may be recovered by compromise settlement, or in any suit or action brought by such injured person on account of such claim or right of action. In case of death of the injured person, the lien shall attach to any money or property which may be recovered by compromise settlement, suit or action on account of injuries not resulting in the death of the injured person, or to any verdict, judgment or order in 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 not resulting in the death of the injured person.
(c) Records of physician.--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 physician in reference to the examination and treatment of the injured person. Any physician claiming a lien under this article shall, within thirty days of being so requested in writing by any such party, furnish to such 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 such 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 physician.--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 physician claiming a lien under this article shall, within ten days of being so requested in writing by any such party, furnish to such party, a written statement of the nature and extent of the injuries sustained by and the treatment given to the injured person by such 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.
(e) Failure to furnish medical report.--Effect. -- Should any physician 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 subsections (c) and (d) hereof, the lien of such physician shall immediately become null and void.
(f) 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 adverse parties, adjudicate the rights of all interested parties and enforce their liens.
(g) Exclusion of health insurance benefits. -- The lien created herein attaches only to payments made for the benefit of insureds arising under a contract of insurance including primary or secondary bodily injury liability insurance, underinsured liability insurance, uninsured liability insurance and medical payment insurance coverage and to payments made in a compromise settlement or in settlement of a verdict or judgment paid from a self-insured or uninsured 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.



NOTE: The purpose of this bill is to create the physician lien act which provides for physicians to have a lien upon all claims and causes of action for the amount of reasonable charges.

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