Current Status Bill Number:4976 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980408 Primary Sponsor:Harrison All Sponsors:Harrison Drafted Document Number:dka\4891mm.98 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Lien created in favor of medical service provider on recovery in personal injury action, Property, Courts, Torts
Body Date Action Description Com Leg Involved
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House 19980408 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND CHAPTER 15, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MISCELLANEOUS LIENS, BY ADDING SECTION 29-15-120 SO AS TO CREATE A LIEN ON THE RECOVERY IN A PERSONAL INJURY CIVIL ACTION IN FAVOR OF A PROVIDER OF MEDICAL SERVICES AND MEDICAL SUPPLIES; TO REQUIRE THE PROVIDER TO TIMELY FILE THE LIEN AND TO FURNISH CERTAIN INFORMATION TO THE ATTORNEY FOR THE PLAINTIFF; TO REQUIRE THE ATTORNEY FOR THE PLAINTIFF TO RETAIN THE LIEN AMOUNTS BEFORE DISTRIBUTION OF THE RECOVERY AND TO PROVIDE FOR DISPUTED CLAIMS; AND TO DEFINE "RECOVERY".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 15, Title 29 of the 1976 Code is amended by adding:
"Section 29-15-120. (A) A provider of medical services or medical supplies, or both, in connection with an injury which is compensated in a personal injury civil action has a lien on any damages recovered by the injured party or by the party on whose behalf the recovery was made as compensation for the injury, to the extent the provider has not been paid for the services or supplies.
(B) The lien for medical services or supplies described in subsection (A) is valid when the provider asserting the lien:
(1) files a claim with the clerk of the court in which the personal injury civil action is instituted within thirty days of the institution of the action; and
(2) furnishes, upon request and without charge to the attorney representing the plaintiff in the personal injury civil action, an itemized statement, hospital record, or medical report for the use of the attorney in negotiation of a settlement or trial of the claim.
(C)(1) The attorney for the plaintiff or any other person receiving the recovery on behalf of and for distribution to the injured party or the party on whose behalf the recovery was made must retain an amount sufficient to pay the just and bona fide claims for medical services and supplies for which valid liens exist and compensation is recovered.
(2) Payment of a disputed claim for medical services or medical supplies is not required until the claim is fully established and the amount determined as provided by law. The amount of the lien described in subsection (A) may not exceed the amount of the claim in dispute.
(D) For purposes of this section, 'recovery' means all funds paid in damages as compensation for the injury or in settlement of the personal injury civil action."
SECTION 2. This act takes effect upon approval by the Governor.