2019 Senate Bill 70 - House Judiciary

State of South Dakota  
NINETY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2019  

562B0016   HOUSE JUDICIARY ENGROSSED    NO.  SB 70 -  2/25/2019  

Introduced by:    Senators Nelson, Bolin, Cronin, DiSanto, Foster, Heinert, Jensen (Phil), Maher, Monroe, Partridge, Rusch, Russell, Schoenbeck, Wiik, and Wismer and Representatives Johns, Anderson, Cwach, Dennert, Duba, Goodwin, Greenfield (Lana), Howard, Jensen (Kevin), Marty, Mulally, Otten (Herman), Pischke, Randolph, Rounds, Smith (Jamie), and Weis
 

        FOR AN ACT ENTITLED, An Act to revise certain provisions regarding hospital liens.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That chapter 44-12 be amended by adding a NEW SECTION to read:
    If the hospital receives notification regarding the availability of a third-party payor of healthcare benefits for the injured person, the hospital shall, before filing a lien under § 44-12-4, submit to the payor for payment any reasonable and necessary charges for the treatment, care, and maintenance of the injured person, to the extent permitted by law or by any applicable contract, including a preferred provider contract or an insurance policy or plan.
    If after filing a lien the hospital receives notification regarding the availability of a third-party payor of healthcare benefits for the injured person, the hospital shall submit to the payor for payment any reasonable and necessary charges for the treatment, care, and maintenance of the injured person, to the extent permitted by law or by any applicable contract, including a preferred provider contract or an insurance policy or plan.
    The hospital shall submit such charges to the payor in the same amounts and upon the same terms and conditions under which it submits charges for patients who do not have a claim against another for damages caused by an injury.
    If the period prescribed by law or by contract for submitting such charges to the payor has expired through no fault of the hospital or if the payor has refused to pay the charges, the hospital may file a lien or enforce an existing lien.
    Section 2. That § 44-12-1 be amended to read:
    44-12-1. Any Subject to section 1 of this Act, a person, association, limited liability company, corporation, county, or other institution, including a municipal corporation, maintaining a hospital licensed under the laws of the State of South Dakota this state that furnishes hospitalization or other service of any other nature in the treatment of or in connection with an injury not covered by the Workers' Compensation Act under title 62, if the injured party asserts or maintains a claim against another for damages on account of the injury, has a lien upon that part going or belonging to the injured party of any recovery or sum had or collected or to be collected by the injured party, or by the injured party's heirs or personal representatives representative in case of the injured party's death, whether by judgment or by settlement or compromise to the amount of the reasonable and necessary charges of the hospital for the treatment, care, and maintenance of the injured party in the hospital up to the date of payment of the damages.

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