§ 44-14-471 — Filing of verified statement; contents; notice

Georgia § 44-14-471

• Jurisdiction: Georgia
• Title: 44

Text

(a) In order to perfect the lien provided for in Code Section 44-14-470 , the operator of the hospital, nursing home, physician practice, chiropractic practice, or provider of traumatic burn care medical practice: (1) Shall, not less than 15 days prior to the date of filing the statement required under paragraph (2) of this subsection, provide written notice to the patient and, to the best of the claimant's knowledge, the persons, firms, corporations, and their insurers claimed by the injured person or the legal representative of the injured person to be liable for damages arising from the injuries and shall include in such notice a statement that the lien is not a lien against the patient or any other property or assets of the patient and is not evidence of the patient's failure to pay a debt. Such notice shall be sent to all such persons and entities by first-class and certified mail or statutory overnight delivery, return receipt requested; and (2) Shall file in the office of the clerk of the superior court of the county in which the hospital, nursing home, physician practice, chiropractic practice, or provider of traumatic burn care medical practice is located and in the county wherein the patient resides, if a resident of this state, a verified statement setting forth the name and address of the patient as it appears on the records of the hospital, nursing home, physician practice, chiropractic practice, or provider of traumatic burn care medical practice; the name and location of the hospital, nursing home, physician practice, chiropractic practice, or provider of traumatic burn care medical practice and the name and address of the operator thereof; the dates of admission and discharge of the patient therefrom or with respect to a physician practice or chiropractic practice, the dates of treatment; and the amount claimed to be due for the hospital, nursing home, physician practice, chiropractic practice, or provider of traumatic burn care medical practice care, which statement must be filed within the following time period: (A) If the statement is filed by a hospital, nursing home, or provider of traumatic burn care medical practice, then the statement shall be filed within 75 days after the person has been discharged from the facility; or (B) If the statement is filed by a physician practice or chiropractic practice, then the statement shall be filed within 90 days after the person first sought treatment from the physician practice or chiropractic practice for the injury. (b) The filing of the claim or lien shall be notice thereof to all persons, firms, or corporations liable for the damages, whether or not they received the written notice provided for in this Code section. The failure to perfect such lien by timely complying with the notice and filing provisions of paragraphs (1) and (2) of subsection (a) of this Code section shall invalidate such lien, except as to any person, firm, or corporation liable for the damages, which receives prior to the date of any release, covenant not to bring an action, or settlement, actual notice of a notice and filed statement made under subsection (a) of this Code section, via hand delivery, certified mail, return receipt requested, or statutory overnight delivery with confirmation of receipt. (c) No filing of a claim or lien under this part shall be enforceable unless the person, firm, hospital authority, or corporation operating a hospital, nursing home, physician practice, chiropractic practice, or traumatic burn care medical practice filing such claim or lien first submitted a claim to each health insurer of the injured person, if such injured person has health insurance coverage, and had such claim rejected.

Legislative History

Amended by 2023 Ga. Laws 253,§ 1, eff. 7/1/2023. Amended by 2006 Ga. Laws 548,§ 2, eff. 4/21/2006. Amended by 2004 Ga. Laws 486, § 2, eff. 7/1/2004. Amended by 2002 Ga. Laws 987, eff. 7/1/2002.