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REFERENCE TITLE: health care liens; insurance |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SB 1522 |
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Introduced by Senator Ugenti-Rita
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AN ACT
amending sections 33-931 and 33-935, Arizona Revised Statutes; relating to health care provider liens.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-931, Arizona Revised Statutes, is amended to read:
33-931. Lien of health care provider on damages recovered by injured person receiving services; hospital priority
A. Every individual, partnership, firm, association, corporation or institution or any governmental unit that maintains and operates a health care institution or provides health care services in this state and that has been duly licensed by this state, or any political subdivision or private entity with ambulances operated, licensed or registered pursuant to title 36, chapter 21.1, is entitled to a lien for the care and treatment or transportation of an injured person. The lien shall be for the claimant's customary charges for care and treatment or transportation of an injured person. A lien pursuant to this section extends to all claims of liability or indemnity, except health insurance and medical payments coverage and underinsured and uninsured motorist coverage as defined in section 20‑259.01, for damages accruing to the person to whom the services are rendered, or to that person's legal representative, on account of the injuries that gave rise to the claims and that required the services.
B. If a county maintains, operates or provides health care services, it the county is entitled to an assignment by operation of law for the care and treatment or transportation of an injured person. The assignment shall be for the claimant's customary charges for care and treatment or transportation of an injured person. An assignment pursuant to this section extends to any claims of liability or indemnity, except health insurance and medical payments coverage and underinsured and uninsured motorist coverage as defined in section 20‑259.01, for damages accruing to the person to whom the services are rendered, or to that person's legal representative, on account of injuries that gave rise to the claims and that required the services.
C. The lien entitlements authorized by subsection A of this section and the assignment authorized by subsection B of this section are applicable to all customary charges by hospitals or ambulances of political subdivisions, but are restricted to customary charges in excess of two hundred fifty dollars $250 by all other providers and privately owned ambulance companies excluding interest and service charges.
D. Liens perfected pursuant to this article by a hospital have priority for payment over all other liens authorized by this article.
Sec. 2. Section 33-935, Arizona Revised Statutes, is amended to read:
33-935. Workers' compensation, health insurance; exemption
A. The provisions of This article are is not applicable to accidents or injuries within the purview of the workers' compensation law of this state.
B. A health care provider may not assert a lien pursuant to section 33-931 if the services provided are covered by health insurance unless one or more of the following apply:
1. The health insurance insurer denies coverage for the services.
2. The patient owes a COPAYMENT, DEDUCTIBLE or coinsurance, in which case the lien extends to the amount owed.