CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. SB 1638

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Rossin moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

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16  and insert:

17         Section 1.  Section 1 of chapter 57-1688, Laws of

18  Florida, is amended to read:

19         Section 1.  Every individual, partnership, firm,

20  association, corporation, institution and governmental unit,

21  and every combination of any of the foregoing, operating a

22  public hospital in Palm Beach County, Florida, which provided

23  charity care as defined in section 395.401(1)(b), Florida

24  Statutes, for at least 10 percent of its patients in each of

25  the 3 preceding calendar years, shall be entitled to a lien

26  for all reasonable charges for hospital care, treatment and

27  maintenance of ill or injured persons upon any and all causes

28  of action, suits, claims, counterclaims and demands accruing

29  to the persons to whom such care, treatment or maintenance are

30  furnished, or accruing to the legal representatives of such

31  persons, and upon all judgments, settlements and settlement

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                                                  SENATE AMENDMENT

    Bill No. SB 1638

    Amendment No.    





 1  agreements rendered or entered into by virtue thereof, on

 2  account of illness or injuries giving rise to such causes of

 3  action, suits, claims, counterclaims, demands, judgment,

 4  settlement or settlement agreement and which necessitate or

 5  shall have necessitated such hospital care, treatment and

 6  maintenance.

 7         Section 4.  No release or satisfaction of any action,

 8  suit, claim, counterclaim, demand, judgment, settlement or

 9  settlement agreement, or any of them, shall be valid or

10  effectual as against such lien unless such lienholder shall

11  join therein or execute a release of such lien. Any acceptance

12  of a release or satisfaction of any such cause of action,

13  suit, claim, counterclaim, demand or judgment and any

14  settlement of any of the foregoing in the absence of a

15  release, order of equitable distribution, or satisfaction of

16  the lien referred to in this Act shall prima facie constitute

17  an impairment of such lien, and the lienholder shall be

18  entitled to an action at law for damages on account of such

19  impairment, and in such action may recover from the one

20  accepting such release or satisfaction or making such

21  settlement the reasonable cost of such hospital care,

22  treatment and maintenance, not exceeding the amount of the

23  total consideration paid such person for the release or

24  satisfaction. Satisfaction of any judgment rendered in favor

25  of the lienholder in any such action shall operate as a

26  satisfaction of the lien. Any action by the lienholder shall

27  be brought in the court having jurisdiction of the amount of

28  the lienholder's claim and may be brought and maintained in

29  the county wherein the lienholder has his, its or their

30  residence or place of business. If the lienholder shall

31  prevail in such action, the lienholder shall be entitled to

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                                                  SENATE AMENDMENT

    Bill No. SB 1638

    Amendment No.    





 1  recover from the defendant, in addition to costs otherwise

 2  allowed by law, all reasonable attorney's fees and expenses

 3  incident to the matter. Where the total amount received,

 4  through settlement or judgment, is equal to or greater than

 5  the sum of all medical expenses and the reasonable costs of

 6  litigation, including the contractual attorney's fee due to

 7  the patient's attorney, then the hospital lien shall be paid

 8  in full and shall be released by the hospital. When the total

 9  amount received, through settlement or judgment, is less than

10  the sum of all medical expenses and the reasonable costs of

11  litigation, including the contractual attorney's fee due to

12  the patient's attorney, then the claimant and the hospital

13  have a statutory duty to negotiate in good faith an equitable

14  distribution of the proceeds of the settlement or judgment. If

15  the parties are unable to agree on an equitable distribution

16  of the proceeds, the claimant and the hospital shall

17  participate in mediation. If mediation produces no agreement,

18  the court may equitably distribute the proceeds of the

19  judgment or settlement between the hospital, patient, and

20  patient's attorneys, notwithstanding the lien created by this

21  act. In equitably distributing the proceeds, the court shall

22  give consideration to the reasonable costs of litigation and

23  any offset in the amount of settlement or judgment for any

24  comparative negligence of the claimant.

25         (1)  The judge may consider the following with regard

26  to the attorney fees:

27         (a)  The time and labor required, the novelty and

28  difficulty of the questions involved, and the skill requisite

29  to perform the legal service properly.

30         (b)  The fee customarily charged in the locality for

31  similar legal services.

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                                                  SENATE AMENDMENT

    Bill No. SB 1638

    Amendment No.    





 1         (c)  The amount involved in the controversy and the

 2  benefits resulting to the patient.

 3         (d)  The time limitation imposed by the patient or the

 4  circumstances.

 5         (e)  The experience, reputation, and ability of the

 6  attorney or attorneys performing services.

 7         (f)  The contingency or certainty of a fee.

 8         (g)  Any other mitigating factors which the court deems

 9  equitable and appropriate under the circumstances.

10         (2)  The judge may consider the following with regard

11  to the hospital lien:

12         (a)  The entire episode of care rendered to the

13  patient.

14         (b)  Severity of the case.

15         (c)  Emergency services delivered.

16         (d)  Inpatient and outpatient care.

17         (e)  Surgery or multiple surgeries.

18         (f)  Work-up and follow-up care.

19         (g)  Secondary or repeat admissions.

20         (h)  Physician's services.

21         (i)  Psychiatric evaluation and treatment.

22         (j)  Any other mitigating factors which the court deems

23  equitable and appropriate under the circumstances.

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25  The court's decision regarding equitable distribution shall be

26  full and final with respect to the proceeds of the judgment or

27  settlement and the lien created by this act. The court's

28  decision with respect to the proceeds of the judgment or

29  settlement will not extinguish the debt owed to the hospital

30  unless the debt is paid in full.

31         Section 2.  For purposes of this section, the

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                                                  SENATE AMENDMENT

    Bill No. SB 1638

    Amendment No.    





 1  reasonable charges of the hospital shall be determined by

 2  reducing the patient's reasonable charges by the amount paid

 3  by the patient's health insurance or any other reimbursement

 4  paid to the hospital on behalf of the patient. The reasonable

 5  charges may not exceed the amount to which the hospital would

 6  be legally entitled of the itemized patient reasonable

 7  charges.

 8         Section 3.  If the patient is covered by Medicare or

 9  Medicaid, the hospital lien may not exceed 75 percent of the

10  itemized patient reasonable charges due to the hospital. This

11  section shall not apply to any funds recovered by the hospital

12  from the Palm Beach County Hospital District or any state

13  general revenue funds.

14         Section 4.  A patient or the patient's attorney shall

15  send to a hospital providing services subject to this section,

16  by certified or registered mail, notification of patient's

17  intent to claim damages from the tortfeasor or any other third

18  party. If the patient has filed suit against the tortfeasor at

19  the time such notice is sent, a copy of the complaint against

20  the tortfeasor should be sent along with such notice. Such

21  notice must include a statement that the hospital will waive

22  any right to its lien unless it provides the patient or

23  patient's attorney a statement asserting said lien and setting

24  forth the amount claimed to be due within 45 days following

25  receipt of the patient's notification to the hospital. If a

26  hospital lien has been filed when the hospital receives a

27  patient's notice of intent to claim damages, the hospital

28  shall notify the patient or patient's attorney that such lien

29  has been filed.

30         Section 5.  Nothing in this act precludes the hospital

31  and the patient from negotiating an agreement as to the

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                                                  SENATE AMENDMENT

    Bill No. SB 1638

    Amendment No.    





 1  distribution of the proceeds of the settlement or judgment.

 2         Section 6.  This act shall stand repealed on July 1,

 3  2001, unless reviewed and saved from repeal through

 4  reenactment by the Legislature.

 5         Section 7.  This act shall take effect July 1, 1999,

 6  and shall apply to causes of action accruing on or after that

 7  date.

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10  ================ T I T L E   A M E N D M E N T ===============

11  And the title is amended as follows:

12         Delete everything before the enacting clause

13

14  and insert:

15                      A bill to be entitled

16         An act relating to Palm Beach County; amending

17         chapter 57-1688, Laws of Florida, relating to

18         hospital liens; providing for negotiations,

19         mediation, or equitable distribution; providing

20         that the act applies to any hospital in the

21         county; providing a sunset review date;

22         providing an effective date.

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