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State of South Dakota  
EIGHTIETH SESSION
LEGISLATIVE ASSEMBLY,  2005
 

814L0555  
HOUSE ENGROSSED   NO. HB 1175   -   02/14/2005  
This bill has been extensively amended (hoghoused) and may no longer be consistent with the original intention of the sponsor.
Introduced by:     Representatives Van Etten, Cutler, Dennert, Dykstra, Frost, Garnos, Glenski, Hunhoff, Krebs, McCoy, McLaughlin, Michels, O'Brien, Sebert, Vehle, Weems, and Wick and Senators Knudson, Abdallah, Bogue, Broderick, Duniphan, Earley, Hansen (Tom), Kelly, Koskan, McCracken, McNenny, Moore, and Peterson (Jim)  



         FOR AN ACT ENTITLED, An Act to  extend certain lien provisions to physicians and chiropractors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 44-12-1 be amended to read as follows:
     44-12-1.   Any 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 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, or any physician licensed pursuant to chapter 36-4 or any chiropractor licensed pursuant to chapter 36-5 who furnishes any service of any nature in the treatment of or in connection with an injury not covered by the Workers' Compensation Act, 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 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 , physician, or chiropractor for the treatment, care, and maintenance of the injured party in the hospital by the provider up to the date of payment of the damages.
     Section  2.  That § 44-12-4 be amended to read as follows:
     44-12-4.   No such lien may be is effective, however, unless a written notice containing the name and address of the injured party, the date of occurrence of the injury, the name and location of the hospital , physician, or chiropractor , and the name of the person, firm, limited liability company, or corporation alleged to be liable to the injured party for the injuries received, is filed in the office of the register of deeds of the county in which the hospital is located or health care services for the injury were provided , before the payment of any moneys to the injured party, the injured party's attorneys or legal representative, as compensation for the injury.
     Section  3.  That § 44-12-5 be amended to read as follows:
     44-12-5.   Each register of deeds shall provide a suitable, well-bound book to be called the hospital and medical care provider lien docket in which, upon the filing of any lien claim under the provisions of this chapter, the register of deeds shall enter the name and address of the injured person, the name of the person, firm, or corporation alleged to be liable for the injury, the date of occurrence of the injury and the name and location of the hospital , physician, or chiropractor making the claim. The register of deeds shall make a proper index of the claim in the name of the injured person and shall charge a fee in accordance with subdivision 7-9-15(3).
     Section  4.  That § 44-12-6 be amended to read as follows:
     44-12-6.   The hospital , physician, or chiropractor shall also mail, postage prepaid, a copy of the notice required by § 44-12-4 with a statement of the date of filing of the notice to the person, firm, limited liability company, or corporation alleged to be liable to the injured party for the injury sustained before the payment of any moneys to the injured party, the injured party's attorney or legal representative, as compensation for the injury.
     Section  5.  That § 44-12-7 be amended to read as follows:
     44-12-7.   Such The hospital , physician, or chiropractor shall mail a copy of such the notice to any insurance carrier which has insured such the person, firm, or corporation against such liability. Such The person, firm, or corporation alleged to be liable to the injured person shall, upon request of the hospital , physician, or chiropractor , disclose the name of the insurance carrier which has insured such the person, firm, or corporation against such liability.
     Section  6.  That § 44-12-8 be amended to read as follows:
     44-12-8.   Any person making any payment to such the injured party or to the injured party's attorney, heir, or legal representative as compensation for the injury sustained, after the filing and mailing of the notice, without paying to the hospital , physician, or chiropractor the amount of its lien or so much thereof as can be satisfied out of the moneys due under any final judgment or compromise or settlement agreement, after paying the amount of any prior lien, is liable, for a period of one year from the date of payment of moneys to the injured party or the injured party's heir, attorney, or legal representative, as provided in this section, to the hospital , physician, or chiropractor for the amount which the hospital , physician, or chiropractor was entitled to receive as provided in this section. Any such hospital , physician, or chiropractor may, within such period, enforce the lien by a suit at law against the person, firm, limited liability company, or corporation making such the payment.
     Section  7.  That § 44-12-9 be amended to read as follows:
     44-12-9.   Any person, firm, or corporation legally liable for such the lien or against whom a claim shall be is asserted for compensation for such the injury, shall be permitted may, after waiver or expiration of any privilege granted the injured party under the provisions of § 19-2-3 or any other statute, to examine the records of any such hospital , physician, or chiropractor in reference to such the treatment, care , and maintenance of such the injured person, with respect to the injuries arising out of said the accident.
     Section  8.  That chapter 44-12 be amended by adding thereto a NEW SECTION to read as follows:
     If after having filed a lien pursuant to this chapter, the hospital, physician, or chiropractor is afterward satisfied by payment, foreclosure, compromise, or other method, the lienholder shall file a satisfaction with the register of deeds within thirty days of payment.
     Section  9.  That chapter 44-12 be amended by adding thereto a NEW SECTION to read as follows:
     The existence and amount of a lien filed pursuant to this chapter is inadmissible in the legal proceeding in which the injured person has asserted a claim against another person for damages based on the injury.
     Section  10.  That chapter 44-12 be amended by adding thereto a NEW SECTION to read as follows:
     This chapter provides the exclusive method for a hospital, physician, or chiropractor to obtain a nonjudicial lien on the part or share to be collected by the injured party or the injured party's heirs or representatives from a third party alleged to be responsible for the injury.
     Section  11.  That chapter 44-12 be amended by adding thereto a NEW SECTION to read as follows:
     Nothing in this chapter may be construed to modify or abrogate the provisions of §  58-17C- 14.