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 85-7-307 - Effect of covenant not to bring an action; action to enforce lien; affidavit of payment

(1)
No release of the cause or causes of action or of any judgment thereon or any covenant not to bring an action thereon shall be valid or effectual against the lien created by Section
85-7-301
unless the holder thereof is given notification of the results of the cause of action or executes a release of the lien; and the injured party (the "claimant") or an assignee of the lien holder may enforce the lien by an action against the person, firm or corporation liable for the damages or the person, firm or corporation's insurer. If the claimant prevails in the action and if the claimant's balance of the award is insufficient to cover the medical liens, the court may determine pro rata compensation in favor of the claimant. In no case shall the payment towards the liens exceed fifty percent (50%) of the claimant's balance. Any qualifying hospital or qualifying practice that receives payments under the authority of Sections
85-7-301
through
85-7-315
shall release the claimant from any further liens for the cost of hospital care, treatment or services provided for which the lien was placed. The action shall be begun against the person liable for the damages or the person's insurer within one (1) year after the date the liability is finally determined by a settlement, by a release, by a covenant not to bring an action, or by the judgment of a court of competent jurisdiction.
(2)
No release or covenant not to bring an action that is made before or after the patient was discharged from the qualifying hospital or qualifying practice shall be effective against the lien perfected in accordance with Section
85-7-303
, if the lien is perfected before the date of the release, covenant not to bring an action, or settlement unless notification is given to the qualifying hospital or qualifying practice; however, any person, firm or corporation that consummates a settlement, release or covenant not to bring an action with the person to whom care, treatment or services were furnished and that first procures from the injured party an affidavit as prescribed in subsection (3) of this section shall not be bound or otherwise affected by the lien except as provided in subsection (3) of this section, regardless of when the settlement, release or covenant not to bring an action was consummated.
(3)
The affidavit shall affirm:
(a)
That all bills incurred for treatment for the injuries for which a settlement is made have been fully paid or resolved; and
(b)
The county of residence of the affiant, if a resident of this state; however, the person taking the affidavit shall not be protected thereby where the affidavit alleges the county of the affiant's residence and the lien of the qualifying hospital or qualifying practice is at that time on file in the office of the chancery clerk and is recorded in the name of the patient as it appears in the affidavit.
Reenacted by Laws, 2019, ch. 425, SB 2012,§ 4, eff. 7/1/2019.
Reenacted by Laws, 2016, ch. 394, HB 483, 4, eff. 7/1/2016.
Added by Laws, 2013, ch. 512, § 4, eff. 7/1/2013.