TITLE 44 PROPERTY

Section 14. Mortgages, Conveyances to Secure Debt, and Liens, 44-14-1 through 44-14-613.

ARTICLE 8 LIENS

44-14-471. Filing of verified statement; contents; notice.

1. In order to perfect the lien provided for in Code Section 44-14-470, the operator of the hospital, nursing home, physician 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, 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, or provider of traumatic burn care medical practice; the name and location of the hospital, nursing home, physician 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, the dates of treatment; and the amount claimed to be due for the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice care, which statement must be filed within the following time period:
      1. 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
      2. If the statement is filed by a physician practice, then the statement shall be filed within 90 days after the person first sought treatment from the physician practice for the injury.
2. 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.

(Ga. L. 1953, Nov.-Dec. Sess., p. 105, § 2; Ga. L. 1978, p. 1371, § 1; Ga. L. 2002, p. 1141, § 2; Ga. L. 2002, p. 1429, § 2; Ga. L. 2003, p. 140, § 44; Ga. L. 2004, p. 394, § 2; Ga. L. 2006, p. 334, § 2/SB 306.)

The 2002 amendments. The first 2002 amendment, effective July 1, 2002, in the first sentence, inserted ", nursing home, or provider of traumatic burn care medical practice" throughout and substituted "records of the" for "records of such" near the middle. The second 2002 amendment, effective July 1, 2002, rewrote this Code section.

The 2003 amendment, effective May 14, 2003, part of an Act to revise, modernize, and correct the Code, in paragraph (a)(1), deleted "hospital" preceding "claimant's knowledge" in the first sentence and revised punctuation in the second sentence.

The 2004 amendment, effective July 1, 2004, inserted "physician practice," throughout subsection (a); substituted "Shall, not less than 30 days prior to the date of filing the statement required under paragraph (2) of this subsection," for "Within 30 days after the person has been discharged therefrom, shall" in the first sentence of paragraph (a)(1); and, in paragraph (a)(2), substituted "30 days" for "15 days" near the beginning and inserted "or with respect to a physician practice, the dates of treatment" near the end.

The 2006 amendment, effective July 1, 2006, substituted "15 days" for "30 days" in the first sentence of paragraph (a)(1); in paragraph (a)(2), deleted ", no sooner than 30 days after the date of the written notice provided for in this Code section," following "Shall file" near the beginning, added ", which statement must be filed within the following time period:" at the end, and added subparagraphs (a)(1)(A) and (a)(1)(B); and substituted the present provisions of subsection (b) for the former provisions which read "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 in accordance with this Code section shall invalidate such lien."