AB435: Bill Text

LRB-3509/1

KSH:mfd:arm

1997 - 1998 LEGISLATURE

1997 Assembly BILL 435

June 24, 1997 - Introduced by Representatives F. Lasee, Underheim, Kunicki, Ladwig, Musser, Turner, Sykora, Meyer, Grothman, Boyle, Kreibich, Gunderson, Porter, Hahn and Lorge, cosponsored by Senators Moen, Decker, Grobschmidt and Schultz. Referred to Committee on Health.

AB435,1,5 An Act to renumber and amend 779.80 (1), 779.80 (3) (intro.) and 779.80 (3) (a); to amend subchapter IX (title) of chapter 779 [precedes 779.80], 779.80 (title), 779.80 (2), 779.80 (3) (b) and (c), 779.80 (4), 779.80 (5) and 779.80 (6); and to create 779.80 (1b) of the statutes; relating to: creating a lien for services provided by a chiropractor.

Analysis by the Legislative Reference Bureau

Under current law, charitable institutions maintaining a hospital in this state have a lien for services rendered to any person who has sustained personal injuries as a result of the negligence, wrongful act or any tort of any other person. Among other things, the lien attaches to rights of action, judgments and settlements that the injured person has against other persons for damages on account of the injuries. The lien is effective only if certain notice and filing requirements are met. The lien does not apply if the injured person is eligible for worker's compensation, and certain attorney fees and court costs have priority over the lien. This bill expands the hospital lien provisions to cover services provided by chiropractors licensed in this state.

For further information see the local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB435, s. 1 Section 1. Subchapter IX (title) of chapter 779 [precedes 779.80] of the statutes is amended to read:

AB435,2,3 CHAPTER 779

AB435,2,6 SUBCHAPTER IX HOSPITAL Health care provider LIENS

AB435, s. 2 Section 2. 779.80 (title) of the statutes is amended to read:

AB435,2,8 779.80 (title) Hospital Health care provider liens.

AB435, s. 3 Section 3. 779.80 (1) of the statutes is renumbered 779.80 (1m) and amended to read:

AB435,2,15 779.80 (1m) Every corporation, association or other organization operating as a charitable institution and maintaining a hospital in this state shall have health care provider has a lien for services rendered, by way of treatment, care or maintenance, to any person who has sustained personal injuries as a result of the negligence, wrongful act or any tort of any other person.

AB435, s. 4 Section 4. 779.80 (1b) of the statutes is created to read:

AB435,2,17 779.80 (1b) In this section, "health care provider" means all of the following:

AB435,2,19 (a) A corporation, association or other organization operating as a charitable institution and maintaining a hospital in this state.

AB435,2,20 (b) A chiropractor licensed under ch. 446.

AB435, s. 5 Section 5. 779.80 (2) of the statutes is amended to read:

AB435,3,6 779.80 (2) Such lien shall attach to any and The lien under this section attaches to all rights of action, suits, claims, demands and upon any judgment, award or determination, and upon the proceeds of any settlement which such the injured person, or legal representatives might have against any such other person for damages on account of such the injuries, for the amount of the reasonable and necessary charges of such hospital the health care provider.

AB435, s. 6 Section 6. 779.80 (3) (intro.) of the statutes is renumbered 779.80 (3) (ae) and amended to read:

AB435,3,22 779.80 (3) (ae) No such lien shall be A lien under this section is not effective unless the health care provider files a written notice containing under this paragraph. The notice shall contain the name and address of the injured person, the date and location of the event causing such the injuries, the name and location address of the hospital health care provider, and if ascertainable by reasonable diligence, the names and addresses of the persons alleged to be liable for damages sustained by such the injured person ,. The notice shall be filed in the office of the clerk of circuit court in the county in which such the injuries have occurred, or in the county in which such hospital the health care provider is located, or in the county in which suit for recovery of such damages is pending,. The notice shall be filed prior to the payment of any moneys to such the injured person or legal representatives, but in no event later than 60 days after discharge of such injured person from the hospital the date that the health care provider last provided services to the injured person for the injuries.

AB435, s. 7 Section 7. 779.80 (3) (a) of the statutes is renumbered 779.80 (3) (am) and amended to read:

AB435,4,5 779.80 (3) (am) The clerk of circuit court shall enter all hospital liens created under this section in the judgment and lien docket, including the name of the injured person, the date of the event causing the injury and the name of the hospital or other institution health care provider making the claim. The clerk of circuit court shall receive the fee prescribed in s. 814.61 (5) for entering each lien.

AB435, s. 8 Section 8. 779.80 (3) (b) and (c) of the statutes are amended to read:

AB435,4,14 779.80 (3) (b) Within 10 days after filing of the notice of lien under par. (ae), the hospital health care provider shall send by certified mail or registered mail or serve personally a copy of such the notice with the date of filing thereof to or upon the injured person and the person alleged to be liable for damages sustained by such the injured person, if ascertained by reasonable diligence. If such hospital the health care provider fails to give notice if the name and address of the person injured or the person allegedly liable for the injury are known or should be known, the lien shall be is void.

AB435,4,18 (c) The hospital health care provider shall also serve a copy of such the notice under par. (ae), as provided in par. (b), to any insurer which that has insured such the person alleged to be liable for the injury against such liability, if the name and address may be ascertained by reasonable diligence.

AB435, s. 9 Section 9. 779.80 (4) of the statutes is amended to read:

AB435,4,25 779.80 (4) After filing and service of the notice of lien, no release of any judgment, claim or demand by the injured person shall be is valid as against such the lien under this section, and the person making any payment to such the injured person or legal representatives as compensation for the injuries sustained shall, for a period of one year from after the date of such the payment, remain liable to the hospital health care provider for the amount of such the lien.

AB435, s. 10 Section 10. 779.80 (5) of the statutes is amended to read:

AB435,5,9 779.80 (5) Such lien shall The lien under this section does not in any way prejudice or interfere with any lien or contract which that may be made by such the injured person or legal representatives with any attorney or attorneys for legal services rendered with respect to the claim of the injured person or legal representatives against the person alleged to be liable for such the injury. Said lien shall also be subservient to actual Actual taxable court costs, and actual disbursements made by the attorney in prosecuting the court action have priority over the lien under this section.

AB435, s. 11 Section 11. 779.80 (6) of the statutes is amended to read:

AB435,5,13 779.80 (6) No hospital is A health care provider is not entitled to any lien under this section if the person injured is eligible for compensation under ch. 102 or any other worker's compensation act.

AB435, s. 12 Section 12. Initial applicability.

AB435,5,16 (1) This act first applies to services provided by a chiropractor on the effective date of this subsection.

AB435,5,17 (End)