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H.B. 107 Enrolled
7 LONG TITLE
8 General Description:
9 This bill modifies the Hospital Lien Law.
10 Highlighted Provisions:
11 This bill:
12 . subject to certain exceptions, prohibits a hospital from asserting a lien upon a
13 judgment, settlement, or compromise relating to an accident if treatment for the
14 accident is covered by workers' compensation or private health insurance; and
15 . makes technical changes.
16 Money Appropriated in this Bill:
18 Other Special Clauses:
20 Utah Code Sections Affected:
22 38-7-1, as last amended by Laws of Utah 1996, Chapter 167
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 38-7-1 is amended to read:
26 38-7-1. Lien of hospital on judgment, settlement, or compromise in certain
27 accident cases authorized.
28 (1) [
29 that furnishes emergency, medical, or other service to a patient injured by reason of an accident
31 judgment, settlement, or compromise going or belonging to [
32 death, to [
33 patient, or on behalf of [
34 attorney fees, court costs, and other necessary expenses incidental to obtaining the judgment,
35 settlement, or compromise[
36 (b) No reduction of the asserted lien amount is allowed other than the amount paid by
37 the patient, or [
38 fees, court costs, and other necessary expenses incidental to litigation [
39 otherwise agreed to in writing by the lien claimant.
40 (c) The hospital lien[
41 or compromise where the amount is $100 or less. [
45 (2) A hospital [
47 described in Subsection (1) for the amount of the reasonable, usual, and necessary hospital
48 charges for treatment, care, and maintenance of the injured party in the hospital up to the date
49 of payment of the damages.
50 (3) (a) Except as provided in Subsection (3)(b), a hospital may not assert a lien under
51 Subsection (1) if the services provided by the hospital are covered by workers' compensation or
52 private health insurance.
53 (b) (i) A hospital that provides a service described in Subsection (3)(a) may assert a
54 lien under Subsection (1) if:
55 (A) the private health insurer denies coverage; or
56 (B) the private health insurer does not pay the hospital within 180 days after the day on
57 which the hospital bills the private health insurer.
58 (ii) A lien asserted under Subsection (3)(b)(i)(B) shall be withdrawn when the private
59 health insurer pays the contracted amount, or, in the event there is no contract, the amount
60 agreed to by the private health insurer and the hospital for the service rendered.
61 (iii) A hospital that provides a service described in Subsection (3)(a) may assert a lien
62 under Subsection (1) for a copayment or deductible owed by the patient if the amount of the
63 copayment or deductible conforms with any contractual discount provided by the hospital to
64 the insurer.
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