Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 7 - LIENS (§§ 85-7-1 — 85-7-527) › Article 19 - QUALIFYING PROVIDERS OF BURN CARE LIEN FOR CAUSES OF ACTION (§§ 85-7-301 — 85-7-317) › Section 85-7-303 - Filing of verified statement; contents; notice

(1)
In order to perfect the lien provided for in Section
85-7-301
, the operator of the qualifying hospital or qualifying practice:
(a)
Shall, not less than fifteen (15) days before the date of filing the statement required under paragraph (b) of this subsection, provide written notice to the patient and the legal representative of the patient, if applicable, and, to the best of the operator'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 the 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. The notice shall be sent to all those persons and entities by first-class and certified mail or statutory overnight delivery, return receipt requested; and
(b)
Shall file in the office of the clerk of the chancery court of the county in which the qualifying hospital or qualifying practice is located and in the county in which 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 qualifying hospital or qualifying practice; the name and location of the qualifying hospital or qualifying practice, and the name and address of the operator thereof; the dates of admission and discharge of the patient from the qualifying hospital, or with respect to a qualifying practice, the dates of treatment; the amount claimed to be due for the qualifying hospital or qualifying practice; and certification that the amount claimed is for treatment of uncompensated traumatic burn care, which statement must be filed within the following time period:
(i)
If the statement is filed by a qualifying hospital, then the statement shall be filed within seventy-five (75) days after the person has been discharged from the facility; or
(ii)
If the statement is filed by a qualifying practice, then the statement shall be filed within ninety (90) days after the person first sought treatment from the 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 section. The failure to perfect the lien by timely complying with the notice and filing provisions of subsection (1) of this section shall invalidate the lien, except as to any person, firm, or corporation liable for the damages, which receives before the date of any release, covenant not to bring an action, or settlement, actual notice of a notice and filed statement made under subsection (1) of this section, via hand delivery, certified mail, return receipt requested, or statutory overnight delivery with confirmation of receipt.
Reenacted by Laws, 2019, ch. 425, SB 2012,§ 2, eff. 7/1/2019.
Reenacted by Laws, 2016, ch. 394, HB 483, 2, eff. 7/1/2016.
Added by Laws, 2013, ch. 512, § 2, eff. 7/1/2013.