§ 2-2. Lieu for medical/dental services for individuals in county custody.

(a)

Entitlement. The Hernando County Board of County Commissioners shall be entitled to a lien for all reasonable charges for hospital care, treatment and maintenance of ill or injured persons upon any and all causes of action, suits, claims, counterclaims and demands accruing to the legal representatives of such persons, and upon all judgments, settlements and settlement agreements rendered or entered into by virtue thereof, on account of illness or injuries giving rise to such causes of action, suits, claims, counterclaims, demands, judgment, settlements or settlement agreements and which necessitate or shall have necessitated such hospital care, treatment and maintenance while such injured persons are in the custody of Hernando County.

(b)

Perfection of lien. In order to perfect such a lien, the county administrator or his agent, before, or within ten (10) days after, any such person shall have been discharged from custody, shall file in the office of the clerk of the Circuit Court a verified claim in writing setting forth the name and address of such patient; a description of what care was provided and the dates (if applicable) of admission to and discharge of such individual; the amount claimed to be due for such medical care, treatment and maintenance; and, to the best knowledge of the person signing such claim, the names and addresses of all persons, firms or corporations that may be claimed by such ill or injured person, or by the legal representative of such person, to be liable on account of such illness or injuries. At the same time that such claim is filed with the clerk of the Circuit Court, a copy thereof shall be mailed by the board of county commissioners to the ill or injured person, his attorney, if known, and to all persons, firms or corporations named in such claim. The filing and mailing of such claim in accordance with this section shall be notice thereof to all persons, firms or corporations that may be liable on account of such illness or injuries, whether or not they are named in such claim or lien, and whether or not a copy of such claim shall have been received by them.

(c)

Filing. The clerk of Circuit Court shall endorse on such claim the date and hour of filing and shall record such claim in the official records of the county. He shall be paid by the claimant as his fee for such filing and recording of each claim the same fee as provided for filing and recording other instruments under the recording laws.

(d)

Release or satisfaction. No release or satisfaction of any action, suit, claim, counterclaim, demand, judgment, settlement or settlement agreement or of any of them shall be valid or effectual as against such lien unless such lienholder shall join therein or execute a release of such lien. Any acceptance of a release or satisfaction of any such cause of action, suit, claim, counterclaim, demand or judgment and any settlement of any of the foregoing in the absence of a release or satisfaction of the lien referred to in this section shall prima facie constitute an impairment of such lien and the lienholder shall be entitled to an action at law for damages on account of such impairment, and in such action may recover from the one accepting such release or satisfaction or making such settlement the reasonable cost of such hospital care, treatment and maintenance. Satisfaction of any judgment rendered in favor of the lienholder in any such action shall operate as a satisfaction of the lien. Any action by the lienholder shall be brought in the court having jurisdiction of the amount of the lienholder's claim and may be brought and maintained in the county wherein the lienholder has his or its or their residence or place of business. If the lienholder shall prevail in such action, the lienholder shall be entitled to recover from the defendant, in addition to costs otherwise allowed by law, all reasonable attorney's fees and expenses incident to the matter.

(Ord. No. 94-15, §§ 1—4, 8-9-94)