HB2270: Spousal liability for emergency medical care; property held as tenants by the entireties.


Offered January 11, 2017
A BILL to amend and reenact § 8.01-220.2 of the Code of Virginia, relating to spousal liability for emergency medical care; property held as tenants by the entireties.
Patron-- Krizek

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.

Any lien arising out of a judgment under this section against any of the judgment debtor's principal residence  property held as tenants by the entireties shall not be enforced unless the residence is refinanced or is transferred to a new owner each spouse was named as a defendant to the underlying suit from which the judgment arose and such judgment was docketed in both spouses' names in the circuit court where any such property is located.