HB1128: Spouse's liability for medical care; exemption for principal residence.


VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact § 8.01-220.2 of the Code of Virginia, relating to spouse's liability for medical care; exemption for principal residence.
[H 1128]
Approved

 

Be it enacted by the General Assembly of Virginia:

1. That § 8.01-220.2 of the Code of Virginia is amended and reenacted as follows:

§ 8.01-220.2. Spousal liability for medical care.

Each spouse shall be jointly and severally liable for all emergency medical care furnished to the other spouse by a physician licensed to practice medicine in the Commonwealth or by a hospital located in the Commonwealth, including all follow-up inpatient care provided during the initial emergency admission to any such hospital, which is furnished while the spouses are living together. For the purposes of this section, emergency medical care shall mean any care the physician or other health care professional deems necessary to preserve the patient's life or health and which, if not rendered timely, can be reasonably anticipated to adversely affect the patient's recovery or imperil his life or health.

Any lien arising out of a judgment under this section against the judgment debtor's principal residence held as tenants by the entireties shall not be enforced unless the residence is refinanced or is transferred to a new owner.


HOUSE BILL NO. 1128
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on January 27, 2016)
(Patron Prior to Substitute--Delegate Habeeb)
A BILL to amend and reenact § 8.01-220.2 of the Code of Virginia, relating to spouse's liability for medical care; exemption for principal residence.

Be it enacted by the General Assembly of Virginia:

1. That § 8.01-220.2 of the Code of Virginia is amended and reenacted as follows:

§ 8.01-220.2. Spousal liability for medical care.

Each spouse shall be jointly and severally liable for all emergency medical care furnished to the other spouse by a physician licensed to practice medicine in the Commonwealth or by a hospital located in the Commonwealth, including all follow-up inpatient care provided during the initial emergency admission to any such hospital, which is furnished while the spouses are living together. For the purposes of this section, emergency medical care shall mean any care the physician or other health care professional deems necessary to preserve the patient's life or health and which, if not rendered timely, can be reasonably anticipated to adversely affect the patient's recovery or imperil his life or health.

Any lien arising out of a judgment under this section against the judgment debtor's principal residence held as tenants by the entireties shall not be enforced unless the residence is refinanced or is transferred to a new owner.

HOUSE BILL NO. 1128

Offered January 13, 2016
Prefiled January 13, 2016
A BILL to amend and reenact § 8.01-220.2 of the Code of Virginia, relating to spouse's liability for medical care; exemption for principal residence.
Patron-- Habeeb

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That § 8.01-220.2 of the Code of Virginia is amended and reenacted as follows:

§ 8.01-220.2. Spousal liability for medical care.

Each spouse shall be jointly and severally liable for all emergency medical care furnished to the other spouse by a physician licensed to practice medicine in the Commonwealth or by a hospital located in the Commonwealth, including all follow-up inpatient care provided during the initial emergency admission to any such hospital, which is furnished while the spouses are living together. For the purposes of this section, emergency medical care shall mean any care the physician or other health care professional deems necessary to preserve the patient's life or health and which, if not rendered timely, can be reasonably anticipated to adversely affect the patient's recovery or imperil his life or health.

No lien arising out of a judgment under this section shall attach to the judgment debtors' principal residence held by them as tenants by the entireties or that was held by them as tenants by the entireties prior to the death of either spouse where the tenancy terminated as a result of the death of either spouse.