Georgia Code
Part 8 - Hospitals and Nursing Homes
§ 44-14-473. Effect of Covenant Not to Bring an Action; Action to Enforce Lien; Limitation; Affidavit of Payment

provided, however, that 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 claimant is at such time on file in the office of the clerk of the superior court of the county and is recorded in the name of the patient as it appears in the affidavit.
History. Ga. L. 1953, Nov.-Dec. Sess., p. 105, § 4; Ga. L. 1982, p. 3, § 44; Ga. L. 2002, p. 1141, § 4; Ga. L. 2002, p. 1429, § 4; Ga. L. 2004, p. 394, § 4; Ga. L. 2006, p. 334, § 4/SB 306; Ga. L. 2021, p. 922, § 44/HB 497.
The 2002 amendments. —
The first 2002 amendment, effective July 1, 2002, inserted “, nursing home, or provider of traumatic burn care medical practice” in subsection (b) and paragraph (c)(1) and substituted “, nursing home, or traumatic burn care medical practice care, treatment, or services were” for “service or treatment was” near the middle of subsection (b). The second 2002 amendment, effective July 1, 2002, in subsection (a), added “or such person, firm, or corporation’s insurer” at the end of the first sentence and inserted “or such person’s insurer” in the last sentence; and substituted “before or” for “within then days” near the beginning of subsection (b).
The 2004 amendment, effective July 1, 2004, inserted “physician practice,” throughout this Code section.
The 2006 amendment, effective July 1, 2006, in subsection (b), deleted “physician practice,” following “nursing home,” near the beginning, inserted “or, with respect to a physician practice, which is made after the patient first sought treatment from the physician practice for the injuries”, substituted “in accordance with Code Section 44-4-471, if such lien is perfected prior to the date of the release, covenant not to bring an action, or settlement unless consented to by the lien claimant” for “in due time as provided in subsection (a) of this Code section, regardless of whether the release, covenant not to bring an action, or settlement was made prior to the time of the filing of the lien as specified in Code Sections 44-14-470 and 44-14-471” near the middle, and substituted “procures from the injured party” for “procures therefrom” near the end.
The 2021 amendment, effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, substituted “Code Section 44-14-471” for “Code Section 44-4-471” in subsection (b).
Law reviews.
For annual survey on insurance law, see 66 Mercer L. Rev. 93 (2014).
For annual survey on trial practice and procedure, see 66 Mercer L. Rev. 211 (2014).

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