Report Title:

Personal Injury Cases; Liens for Services

Description:

Clarifies that a lien for services in a personal injury case shall be established pursuant to a settlement or judgment for damages for personal injury.

HOUSE OF REPRESENTATIVES

H.B. NO.

2717

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to liens.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 507-4, Hawaii Revised Statutes, is amended to read as follows:

"§507-4 Liens for services in personal injury cases. Whenever any person [recovers] obtains a settlement or judgment for damages for personal injuries to the person's self or to another, any hospital which has furnished room, board, supplies, facilities, services, or accommodations to the injured person in connection with the care, or treatment of such injuries, and any dentist, doctor, physician, or surgeon who has treated the injured person for such injuries, shall have a lien, subject to any common-law lien, on such settlement or judgment or the proceeds thereof for the agreed or reasonable value of the services performed or the agreed or reasonable value of the room, board, supplies, facilities, services, or accommodations furnished, if, before a dismissal pursuant to settlement, or satisfaction of judgment is docketed, the dentist, doctor, physician, surgeon, or hospital files in the office of the chief clerk of the circuit court of the circuit in which the judgment was recovered, or, in the case of a judgment recovered in a district court[,] action, in the office of the clerk of the district court of the circuit in which judgment was recovered, a notice setting forth the agreed or reasonable value of the services performed or the agreed or reasonable value of the room, board, supplies, facilities, services, or accommodations furnished. In the event the available proceeds of the settlement or judgment are insufficient to satisfy in full the liens herein provided, the proceeds shall, after all common-law liens have been satisfied in full, be distributed pro rata between the lienors without any priority among them.

If the judgment debtor or the party paying any settlement so elects [the judgment debtor], either may pay the amount of the settlement or judgment to the chief clerk of the circuit or clerk of the circuit court or district court in which the action resulting in settlement or judgment is [rendered] maintained, or in which such action could have been filed, and thereby be released from any further obligation to the judgment creditor or the person obtaining or receiving settlement and to the lienor. In the event the judgment debtor pays the amount of the judgment to the clerk the lien shall attach to the sum so paid.

The liens may be enforced by action of the lienor in the circuit court of the judicial circuit in which the settlement judgment was rendered[.] or in which such action could have been filed. Jurisdiction is conferred upon the circuit courts to hear and determine all actions brought or instituted to enforce and foreclose the liens, and the proceedings had before the circuit court shall be conducted in the same manner and form as ordinary foreclosure proceedings."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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