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2003 SESSION

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HB 2741 Personal injury claims; Commonwealth's lien.

Introduced by: Terry G. Kilgore | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Personal injury claims; Commonwealth's lien. Adds nursing homes to the medical service providers that have liens on an injured person's personal injury claim. The bill provides that in any action against a nursing home for personal injuries or wrongful death, the injured party or his personal representative must give notice of the suit to the Department of Medical Assistance Services (DMAS) if DMAS has paid for any health care services. Notice must be provided within 60 days of filing the lawsuit or within 21 days of determining that DMAS has paid for health care services, whichever is later. The bill requires that DMAS respond in writing to requests for lien amounts within 60 days of receipt of any such request.

SUMMARY AS PASSED HOUSE:

Personal injury claims; Commonwealth's lien. Adds nursing homes to the medical service providers that have liens on an injured person's personal injury claim. The bill provides that in any action against a nursing home for personal injuries or wrongful death, the injured party or his personal representative must give notice of the suit to the Department of Medical Assistance Services (DMAS) if DMAS has paid for any health care services. Notice must be provided within 60 days of filing the lawsuit or within 21 days of determining that DMAS has paid for health care services, whichever is later. The bill requires that DMAS respond in writing to requests for lien amounts within 60 days of receipt of any such request.

SUMMARY AS INTRODUCED:

Personal injury claims; Commonwealth's lien. Adds nursing homes to the medical service providers that have liens on an injured person's personal injury claim. The bill provides that the negligent party is liable for the costs of any health care provided to the injured party at the time of and subsequent to the events giving rise to the personal injury claim. The lien for amounts paid to the Department of Medical Assistance Services may not be reduced and apportioned by the court by more than 10 percent.