UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING FOR ENFORCEMENT OF AND RULES OF PRACTICE FOR ENFORCING A MEDICAL PROVIDER LIEN; ALLOWING RECOVERY OF FILING COSTS AND ATTORNEY FEES UPON FORECLOSURE OF A MEDICAL PROVIDER LIEN; REQUIRING A PERSON OR INSURER WHO RECEIVES NOTICE OF A MEDICAL PROVIDER LIEN TO MAKE PAYMENT DIRECTLY TO THE MEDICAL OR OTHER PROVIDER; AMENDING SECTIONS 71-3-124 AND 71-3-1117, MCA; AND PROVIDING AN APPLICABILITY DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Enforcement of lien -- rules of practice. A lien provided for in this part may be enforced by a civil action in the district court of the county in which the services were rendered or products provided. Except as otherwise provided in this part, the provisions of Title 25 are applicable to and constitute the rules of practice regarding a proceeding under this part.
Section 2. Section 71-3-124, MCA, is amended to read:
"71-3-124. Filing costs and attorneys' attorney fees to be recovered on foreclosure of liens. In an action to
foreclose any of the liens a lien provided for by parts in part 3, 4, 5, 6, 8, or 10, or 11 of this chapter, the court must
shall allow as costs the money paid for filing and recording the lien and a reasonable attorney's fee attorney fees in the
district and supreme courts., and such The costs and attorneys' fees reasonable attorney fees must be allowed to each
claimant whose lien is established, and such reasonable attorneys' fees attorney fees must be allowed to the defendant
against whose property a the lien is claimed, if such the lien be is not established."
Section 3. Section 71-3-1117, MCA, is amended to read:
"71-3-1117. Liability for failure to recognize lien. (1) If any insurer or a person or insurer, after receiving notice
of a lien, makes payment on account of injury, disease, counseling service, or death and the amount of the lien claimed
by any a physician, nurse, physical therapist, occupational therapist, chiropractor, person practicing dentistry,
psychologist, licensed social worker, licensed professional counselor, or hospital has not been paid, the insurer or
person or insurer is liable to the physician, nurse, physical therapist, occupational therapist, chiropractor, person
practicing dentistry, psychologist, licensed social worker, licensed professional counselor, or hospital for the reasonable
value of the services.
(2) A person or insurer who receives written notice of a lien pursuant to 71-3-1115 shall pay the amount of the lien directly to the physician, nurse, physical therapist, occupational therapist, chiropractor, person practicing dentistry, psychologist, licensed social worker, licensed professional counselor, or hospital and may not make the payment jointly to the person to whom the medical service was rendered and the medical or other provider if the person or insurer has determined that the amount is owed to the medical or other provider."
NEW SECTION. Section 4. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 71, chapter 3, part 11, and the provisions of Title 71 apply to [section 1].
NEW SECTION. Section 5. Applicability. [This act] applies to a policy or certificate of disability insurance and health service membership contract entered into or renewed after [the effective date of this act] and to a lien noticed after [the effective date of this act].
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Latest Version of LC 1288 (LC1288.01)
Processed for the Web on January 5, 1999 (2:26PM)
New language in a bill appears underlined, deleted material appears stricken.
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Status of this Bill
| 1999 Session | Leg. Branch HomePrepared by Montana Legislative Services
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