The midland journal. (Rising Sun, Md.) 1885-1947, 1937-10-08
CHAPTER d91

CHAPTER 491
AN ACT to add Ave new sections to
Article 63 Of the Annotated Code Of
Public General Laws of Maryland
(19A Edition., title Mechanics Lien,
and to be under subtitle Hospitals,
to be known as Sections SO to 63, both
inclusive, and to follow Immediately
after Section So of said Article Great
ing liens for money due hospitals for
services rendered in cases caused by
the negligence or fault of other per-
sons, and providing for the recording
and enforcing of such liens.
Section 1. Be 1t enacted by the Gen
eral Assembly of Maryland, That five
new sections be and they are hereby
added to Article 60 Of the Annotated
Mechanics Lien, to be under sub
title Hospitals, said sections to be
known as Sections SO to 63, both inclu
sive, to follow Immediately after Sec
tion So of said Article and to read as
follows:
3d. Every association, corporation or
other institution, including a municipal
corporation, maintaining a hospital In
the State of Maryland, which shall fur
nish medical or other service to any
patient injured by reason of an accident
not covered by the Workmen's Compen-
sation Act shall, If such injured party
can assert or maintain claim against
injuries, have lien upon fifty per cent.
of that part going or belonging to such
patient, of any recovery or sum had or
collected or to be collected by such pa
tient, or by his heirs or personal repre-
sentatives in the case Of his death,
whether by judgment or by settlement
or compromise to the amount of the rea-
sonable and necessary charges OF such
hospital for the treatment, care and
maintenance of such patient In such
hospital up to the date Of payment of
such damages; provided, also, that the
lien shall not exceed the charges as may
now or hereafter be allowed by the State
Industrial Accident Commission Of Mary
land for services rendered in the care
and treatment Of persons coming under
the Workmen's Compensation Act Of
this State; and, provided, further, that
the lien herein set forth shall not be
applied or considered valid against any
one coming under the Workmen's Com
pensation Act in this State; and pro-
vided further, that said lien shall be
torney or attorneys for his, her or their
professional services in collecting or
obtaining said damages.
CO. No such lien shall be effective,
however, unless a written notice con-
tanning the name and address of the
injured person, the date of the acci-
dent, the name and location of the hos
pital, the amount claimed, and the name
of the person or persons, firm or firms,
corporation or corporations alleged to
be liable to the injured party for the
injuries received, shall be filed in the
Office of the Clerk Of the Circuit Court,
If the services were rendered in the
counties, or Of the Superior Court Of
Baltimore City, If rendered in Baltimore
City, prior to the payment of any
moneys to such injured person, his at
torneys or legal representatives as COM
fnu nah r,ir1 vi Iac
the hospital shall also mail, postage pre-
paid, by registered mail, copy of such
notice with a statement of the date Of
filing thereof to the person or persons,
firm or firms, corporation or corpora
lions, alleged to be liable to the injured
party for the injuries sustained prior to
the payment of any moneys to such in
jured person, his attorneys or legal
representatives, as compensation for
such injuries. Such hospital shall mail
copy of such notice to any insurance
carrier, If known, which has insured
such person, firm or corporation against
such liability.
81. Any person or persons, firm or
firms, corporation or corporations, In
Guiding an insurance carrier, making
any payment to such patient or to his
attorneys or heirs or legal representa-
tives as compensation for the injury
sustained, after the fling and mailing
of such notice without paying to such
hospital the amount of its lien as set
out in Section so Of this Article or so
much thereof as can be satisfied out. Of
the moneys due under any final judy
ment or compromise or settlement agree
ment after paying the amount of any
prior liens, shall, for a period Of one
year from the date of payment to such
patient or his heirs, attorneys or legal
representatives, as aforesaid, be and re-
main liable to such hospital for the
amount which such hospital was en-
titled to receive as aforesaid; and any
such association, corporation or other
institution maintaining such hospital
may, within such period, enforce it's
lien by suit at law against such per-
son or persons, firm or firms, corpora
ton or corporations making any such
payment.
60. Any person or persons, firm or
firms, corporation or corporations, le-
gally liable or against whom claim
shall be asserted for compensation for
such injuries, shall be permitted to ex-
anime the records Of any such associa-
ton, corporation, or other institution
or body maintaining such hospital in
reference to such treatment, care and
maintenance Of such injured person.
SO. The Clerk Of the proper court
shall at the expense of the County or
City, as the case may be, provide suit
able well-bound book, to be called the
Hospital Lien Docket, in which, upon
the fling Of any lien claim under the
provisions of this Act, he shall enter
the name of the injured person, the
name of the person, firm or corporation
alleged to be liable for the injuries, the
date of the accident, and the name Of
the hospital or other institution making
the claim. Said Clerk shall make
proper index of the same In the name OF
the injured person.
On presentation of a release Of any
lien, the Clerk of the proper Court in
which said lien is filed and recorded,
shall note in the record the date when
such release was filed and he shall note
on the release the fact that it has been
so recorded. A release SO noted, and
the record In the Office of the Clerk,
she'll either of them be prima facie evil
dence of the release of the lien.
The Clerk of the Court shall be en-
cited to collect not more than One Dol
lar for the fling, recording and indexing
of each lien, and not more than One
Dollar for the fling Of the release Of
any lien and noting ON the record and
on the release the fact that the release
has been SO fled.
Sec. 2. And be 1t further enacted,
That this Act shall take effect June /,