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S1372.......................................by COMMERCE AND HUMAN RESOURCES
CHIROPRACTORS - Amends existing law relating to liens to provide that
chiropractic physicians shall be entitled to liens for reasonable charges
for medical care and treatment in certain circumstances.
02/10 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Com/HuRes
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1372
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO LIENS FOR MEDICAL CARE; AMENDING SECTION 45-704B, IDAHO CODE, TO
3 PROVIDE THAT CHIROPRACTIC PHYSICIANS SHALL BE ENTITLED TO LIENS FOR REA-
4 SONABLE CHARGES FOR MEDICAL CARE AND TREATMENT IN CERTAIN CIRCUMSTANCES.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 45-704B, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 45-704B. LIENS FOR MEDICAL CARE. Every individual or association licensed
9 or incorporated under the laws of the state of Idaho to practice medicine and
10 surgery or to practice chiropractic (hereinafter "physician") shall be enti-
11 tled to a lien for the reasonable charges for medical care and treatment ren-
12 dered an injured person upon any and all causes of action, suits, claims,
13 counterclaims, or demands accruing to the person to whom such care and treat-
14 ment was furnished, or to the legal representatives of such person, on account
15 of injuries giving rise to such causes of action and which necessitate such
16 medical care and treatment. In order to perfect the lien, the physician or
17 his agent shall, before or within ninety (90) days after the last date of med-
18 ical services for the injury, file the lien in the same general form and man-
19 ner as provided in section 45-702, Idaho Code, in the office of the recorder
20 of the county in which the physician rendered the services. The lien shall be
21 recorded and indexed in the manner provided in section 45-703, Idaho Code. The
22 lien shall be enforced and/or released in the manner provided in section
23 45-704, Idaho Code. If the claimant of the lien shall prevail in an action to
24 enforce the lien, the court may allow reasonable attorney's fees and disburse-
25 ments.
STATEMENT OF PURPOSE
RS 15977
This legislation amends Idaho Code 45-704B to include
Chiropractic Physicians in the ability to lien "for the
reasonable charges for medical care and treatment rendered an
injured person." This will allow Chiropractic Physicians the
same authority granted hospitals, nursing homes, physicians and
surgeons. The authority is limited to treatment for an injury in
which there is a legal action, lawsuit, claim, counterclaim or
demand accruing to the person to whom the treatment and care was
provided.
By allowing patients establish a lien the patient will be
allowed to defer compensation until settlement of the injury
claim and provide assurance to the physician that payment will be
made from the settlement.
This provision does not apply to accidents or injuries under
Worker's Compensation law.
FISCAL IMPACT
There is no cost accruing to state or local government.
Contact:
Idaho Association of Chiropractic Physicians
Ralph "Moon" Wheeler (208)406-6475
Gino White (208)703-1921
STATEMENT OF PURPOSE/FISCAL NOTE S 1372