2022 -- H 7357 | |
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LC003384 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
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A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY -- LIENS | |
AGAINST CAUSES OF ACTION | |
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Introduced By: Representatives Felix, Shekarchi, Batista, Craven, Alzate, McNamara, | |
Date Introduced: February 04, 2022 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 9-3-4 of the General Laws in Chapter 9-3 entitled "Liens Against |
2 | Causes of Action" is hereby amended to read as follows: |
3 | 9-3-4. Hospital lien on claim for personal injuries. |
4 | Every association, corporation, or other institution, including a municipal corporation, |
5 | maintaining a hospital in the state, which shall furnish medical or other service to any patient |
6 | injured by reason of an accident not covered by the workers' compensation act, shall, if the injured |
7 | party shall assert or maintain a claim against another for damages on account of the injuries, have |
8 | a lien upon that part going or belonging to the patient, of any recovery or sum had or collected or |
9 | to be collected by the patient, or by his or her heirs or personal representatives in the case of his or |
10 | her death, whether by judgment or by settlement or compromise, to the amount of the reasonable |
11 | and necessary charges of the hospital up to the date of payment of the damages; provided, however, |
12 | that the lien herein set forth shall not be applied or considered valid against anyone coming under |
13 | the workers' compensation act in this state; and, provided, further, that nothing herein enacted shall |
14 | be so construed as to give the lien herein created precedence over the lien of an attorney; provided, |
15 | further, that for purposes of this section, any and all Medicaid reimbursement rates shall be deemed |
16 | reasonable with respect to any patient who is injured by reason of an accident and who is covered |
17 | by Medicaid at the time he or she receives any medical or other service provided by a hospital. |
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1 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY -- LIENS | |
AGAINST CAUSES OF ACTION | |
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1 | This act would prohibit a hospital from claiming a lien on any damages recovered by a |
2 | Medicaid patient as a result of an accident not covered by workers' compensation. |
3 | This act would take effect upon passage. |
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