Chapter 482 - HOSPITAL LIENS

Sec. 480.112. - Reserved. Chapter 490 - JACKSONVILLE HEALTH FACILITIES AUTHORITY Chapter 482 - HOSPITAL LIENS

Sec. 482.101. - Purpose.

The purpose of this Chapter is to provide for liens in favor of operators of hospitals in the City upon causes of action, suits, claims, counterclaims and demands accruing to patients in such hospitals, or their legal representatives, arising on account of illness or injuries of such patients for all reasonable charges for hospital care, treatment and maintenance necessitated by such illness or injuries.

(Ord. 82-106-120, § 1; Ord. 83-591-400, § 1)

Note— Former § 540.101.

Sec. 482.102. - Definitions.

In this Chapter, unless the context otherwise requires:

(a)

Hospital means any establishment located in the General Services District that offers:

(1)

Services more intensive than those required for room, board, personal services and general nursing care, and

(2)

Facilities and beds for use beyond 24 hours by ten or more nonrelated individuals requiring diagnosis, treatment or care for illness, injury, deformity, infirmity, abnormality disease or pregnancy, and at least clinical laboratory services, diagnostic X-ray services, treatment facilities for surgery, or obstetrical care or other definitive medical treatment of similar extent and one registered nurse on duty at all times;

But does not include any establishment conducted by or for the adherents of any well-recognized church or religious denomination for the purpose of providing facilities for the care or treatment of the sick who depend exclusively upon prayer or spiritual means for healing in the practice of the religion of such church or denomination.

(b)

Hospital representative means the executive officer of a hospital or some other employee or agent of the hospital who is specifically designated to file claims on behalf of the hospital under this Chapter.

(c)

Legal representative means a guardian, conservator or personal representative of a patient who is responsible for the care of such person or for the administration of his estate.

(d)

Lienholder means a hospital that has filed, or on whose behalf was filed, a claim of lien under this Chapter.

(e)

Patient means an individual who is admitted to and receives care, treatment or maintenance in a hospital.

(Ord. 82-106-120, § 1; Ord. 83-591-400, § 1)

Note— Former § 540.102.

Sec. 482.103. - Hospital lien authorized.

Every person operating a hospital in the General Services District shall be entitled to a lien for all reasonable charges for hospital care, treatment and maintenance of an ill or injured person, or person with a deformity, infirmity or abnormality disease, or a pregnant woman:

(a)

Upon any and all causes of action, suits, claims, counterclaims and demands accruing to the patient, or accruing to the legal representative of the patient.

(b)

Upon all judgments, settlements and settlement agreements rendered or entered into by virtue thereof on account of injury, illness, deformity, infirmity, abnormality disease or pregnancy giving rise to such causes of action, suits, claims, counterclaims, demands, judgment, settlement or settlement agreement and which necessitated or shall have necessitated such hospital care, treatment and maintenance.

(Ord. 82-106-120, § 1; Ord. 83-591-400, § 1)

Note— Former § 540.103.

Sec. 482.104. - Procedure for perfecting lien.

In order to perfect the lien authorized by this Chapter:

(a)

Before or within six months after discharge of a patient from a hospital, the hospital representative shall file with the Clerk of the Circuit Court a verified claim, in writing, containing the following information:

(1)

The name and location of the hospital.

(2)

The name and address of the hospital representative, and his relationship to the hospital.

(3)

The name and address of the patient, as it appears on the records of the hospital.

(4)

The dates of admission to and discharge of the patient from the hospital.

(5)

The amount claimed to be due for hospital care, treatment and maintenance.

(6)

To the best knowledge of the hospital representative, the names and addresses of all persons claimed by the patient or by his legal representative to be liable on account of the illness, injury, disability, infirmity, abnormality disease or pregnancy.

(b)

The hospital representative shall, within one day after the filing of the claim of lien, mail or cause to be mailed a copy thereof, by registered mail, postage prepaid, to the patient or his legal representative and to each person claimed to be liable on account of the illness, injury, disability, infirmity, abnormality, disease or pregnancy, at the address given in the claim of lien.

(Ord. 82-106-120, § 1; Ord. 83-591-400, § 1; Ord. 87-119-55, § 1)

Note— Former § 540.104.

Sec. 482.105. - Effect of filing claim with Clerk.

The filing of the claim of lien in accordance with the procedure prescribed in Section 482.104 shall be notice thereof to all persons who may be liable on account of the illness, injury, disability, infirmity, abnormality disease or pregnancy, whether or not they are named in the claim of lien, and whether or not a copy of such claim shall have been received by them.

(Ord. 82-106-120, § 1; Ord. 83-591-400, § 1)

Note— Former § 540.105.

Sec. 482.106. - Clerk to record claim of lien.

The Clerk of the Circuit Court shall record the claim of lien in the official records of Duval County upon payment of the service charge pursuant to § 28.24, Florida Statutes.

(Ord. 82-106-120, § 1; Ord. 83-591-400, § 1; Ord. 2017-665-E, § 24)

Note— Former § 540.106.

Sec. 482.107. - Release or satisfaction requires joinder of lienholder; remedies of lienholder.

No release or satisfaction of any cause of action, suit, claim, counterclaim, demand, judgment, settlement or settlement agreement shall be valid or effectual as against a lien filed in accordance with this Chapter unless the lienholder joins in the release or satisfaction or executes a release of the lien. An acceptance of a release or satisfaction of any cause of action, suit, claim, counterclaim, demand or judgment and any settlement of any of the foregoing in the absence of a release or satisfaction of a lien filed under this Chapter shall prima facie constitute an impairment of the lien, and the lienholder shall be entitled to recover damages on account of such impairment. In an action on account of impairment of a lien, the lienholder may recover from the person accepting the release or satisfaction or making the settlement the reasonable cost of hospital care, treatment and maintenance. Satisfaction of a judgment rendered in favor of the lienholder in an action shall operate as a satisfaction of the lien. If the lienholder prevails in the action, he shall be entitled to recover from the defendant, in addition to costs otherwise allowed by law, reasonable attorney's fees and expenses incidental to the matter.

(Ord. 82-106-120, § 1; Ord. 83-591-400, § 1)

Note— Former § 540.107.

Sec. 482.108. - Actions by others to include lienholder.

No person shall be entitled to recover or receive damages on account of hospital care, treatment and maintenance unless he shall affirmatively show that he has paid the cost thereof. It is specifically provided that, in any action, suit or counterclaim brought on account of illness, injury, disability, infirmity, abnormality disease or pregnancy, the plaintiff or counterclaimant may include as an item of damages the cost of hospital care, treatment and maintenance, if, prior to the trial of the action, he shall have notified the lienholder of the pendency of such action or counterclaim, whereupon the lienholder shall have the right, without leave of court, to intervene in the case and prove the reasonable cost of hospital care, treatment and maintenance. A verdict rendered in favor of the plaintiff or counterclaimant shall set forth the amount the jury finds to be due the lienholder for hospital care, treatment and maintenance and the name of the lienholder. A judgment rendered in the case in favor of the plaintiff or counterclaimant shall also be in favor of the lienholder in the amount set forth in the jury's verdict.

(Ord. 82-106-120, § 1; Ord. 83-591-400, § 1)

Note— Former § 540.108.

Sec. 482.109. - Chapter inapplicable to workers' compensation matters.

The provisions of this Chapter shall not be applicable to accidents or injuries within the purview of F.S. Ch. 440 relating to workers' compensation.

(Ord. 82-106-120, § 1; Ord. 83-591-400, § 1)

Note— Former § 540.109.

Sec. 482.110. - Reserved.

Editor's note— The provisions of former § 482.110, relative to the repeal of Laws of Fla. Ch. 27032 (1951), were deleted as part of the Super Supplement to the Code. Former § 482.110 derived from Ord. 82-106-120, § 1; Ord. 83-591-400, § 1.

Note— Former § 540.110.

Sec. 480.112. - Reserved. Chapter 490 - JACKSONVILLE HEALTH FACILITIES AUTHORITY