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REFERENCE TITLE: health care liens; fees; exemption |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HB 2154 |
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Introduced by Representative Kavanagh
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AN ACT
amending sections 11-475 and 33-931, arizona revised statutes; relating to lien fees.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-475, Arizona Revised Statutes, is amended to read:
11-475. Fees; exemptions
A. The county recorder shall receive the following fees:
1. For recording papers required or authorized by law to be recorded, if the fee is not otherwise specified in this section, thirty dollars $30 per instrument.
2. For recording papers to which the United States, this state or a political subdivision of this state, including cities, towns and irrigation, drainage and electrical districts, is a party, when recorded at the request of the United States, this state or the political subdivision, fifteen dollars $15 per instrument.
3. For preparing and certifying copies of a record in the recorder's office, one dollar $1 for each page or partial page, . In addition and for attaching the recorder's certificate and seal, three dollars an additional $3.
4. For issuing a certificate pursuant to section 47-9523, ten dollars $10 for each name, plus one dollar $1 for each financing statement or statement of assignment reported therein.
B. The fees provided in subsection A, paragraphs 1 and 2 of this section include the amount charged pursuant to section 11-475.01.
C. Notwithstanding subsection A, paragraph 3 of this section, the recorder shall prepare and furnish copies and certifications at one-half of the established fee when requested by any state agency for official purposes.
D. The county recorder shall not receive a fee for performing the duties prescribed by this section for an office, agency or department of the county where the document is to be recorded. This exemption shall apply only when the fees would otherwise be paid from public monies.
e. notwithstanding any other law, the county recorder shall not receive a fee for performing the duties prescribed by this section or any other action necessary to record or release a lien filed pursuant to section 33-931.
Sec. 2. 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 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 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.
e. A filing fee, a recording fee or any other charge is not required for filing or releasing a lien authorized by this section.