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:

    Before any lien under § 44-12-1 may be created, the hospital shall submit for payment any reasonable and necessary charge for the treatment, care, and maintenance of the injured person to the person's health insurance provider, which may include Medicare or a Medicare supplement. The hospital shall submit any charge under this section in the same manner as those for any person whose injury is not subject to the provisions of § 44-12-1. If a health insurance provider is not identified by or on behalf of the injured person, the hospital may create a lien under § 44-12-1.
    Section 2. That chapter 44-12 be amended by adding a NEW SECTION to read:

    If a hospital creates a lien under § 44-12-1 and a health insurance provider is subsequently identified by or on behalf of the injured person, the hospital shall submit for payment any

reasonable and necessary charge for the treatment, care, and maintenance of the injured person to the identified health insurance provider in the same manner as those for any person whose injury is not subject to the provisions of § 44-12-1.
    Section 3. That § 44-12-1 be amended to read:
    44-12-1. Any Subject to the provisions of sections 1 and 2 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.