McMILLIAN, Judge.
Appellant Kennestone Hospital, Inc. d/b/a WellStar Kennestone Hospital ("Kennestone") brought suit against The Travelers Home and Marine Insurance Company ("TH & M") to enforce its hospital lien for medical treatment and services provided to Wanderson B. Silva following a motor vehicle collision
1. We start with the pertinent statutory framework. Pursuant to OCGA § 44-14-470(b), hospitals and other designated medical providers
The method for perfecting a hospital or other medical lien is set out in OCGA § 44-14-471(a), and requires the lienholder to
After the notice is sent and within the specified time period, the lienholder
Id.
Lastly, section (b) of OCGA § 44-14-471 provides, with certain exceptions discussed in Division 2, that a medical services lien that is not perfected in accordance with paragraphs (1) and (2) of section (a) is unenforceable.
Pertinent to our consideration of the issues raised in this appeal, the record shows Silva was admitted to Kennestone on March 2, 2011, for treatment of serious injuries he sustained in the collision with Chasin, and that he was discharged on March 20, 2011, after having incurred substantial hospital bills. Pursuant to OCGA § 44-14-471, on April 28, 2011, Kennestone sent Silva a notice that it intended to file a hospital lien. Kennestone sent the notice via certified mail, return receipt requested as provided for in the statute, but the return receipt was returned with a notation that it had been "unclaimed."
Also on that date, Kennestone sent a Notice of Intent via certified mail, return receipt requested, to "Travelers" at "Caller Service 1816, Alpharetta GA 30023." This notice referenced Silva, the date of the accident and the claim number assigned to Silva's claim against Chasin, but did not contain any notation identifying TH & M's insured or the name of the claims adjuster handling the claim. However, the return receipt, which was signed by an unidentified person at the delivery address, contained an additional notation to "Marsha," and the record shows that TH & M claims adjuster Marsha Corbitt had been assigned to handle Silva's claim against Chasin. According to Corbitt's affidavit, which was submitted in support of TH & M's motion for summary judgment, Chasin was insured by TH & M, not "Travelers," and Corbitt's correct mailing address at TH & M was Caller Service # 1817, not Caller Service # 1816 as stated in Kennestone's Notice of Intent.
Corbitt further averred that she received a Holt
Based on this and other evidence of record, the trial court found that Kennestone had failed to perfect its lien as required by OCGA § 44-14-471(a)(1). In so ruling, the trial court made a specific finding that Kennestone had failed to serve Chasin, as the person alleged to be responsible for the damages arising from the patient's injuries, as required by OCGA § 44-14-471(a), and that it had failed to sufficiently designate the proper insurer by sending the notice to "Travelers." Further, the trial court found that the exception contained in OCGA § 44-14-471(b) permitting enforcement of an invalid hospital lien in the case of actual notice does not, on its face, apply to insurers, and thus Kennestone's lien remained unenforceable against TH & M, warranting summary judgment in its favor. Kennestone now challenges these rulings.
We agree with Kennestone that the phrase to the "best of the claimant's knowledge" indicates that a notice of lien need not be perfect in all respects. However, we disagree with Kennestone to the extent that it appears to argue that the lienholder can merely rely on past (and apparently incorrect) practices to garner the information it needs to send the notice. Rather, we find that use of the phrase "best of" to describe the lienholder's knowledge imposes a requirement on the lienholder to exercise at least some degree of diligence in acquiring the information necessary to send the notice. For instance, in this case it appears that Kennestone knew the claim number and at least the first name of the claims adjuster, yet there is nothing in the record to suggest that Kennestone took any additional steps to verify the name of the insurer or to determine the adjuster's proper mailing address prior to sending the notice, or that it attempted to ascertain the full name of the claims adjuster and list it on both the return receipt, which listed only her first name, or the notice itself, which did not list her at all. Thus, contrary to Kennestone's argument on appeal, we do not view the trial court's order as imposing anything more than the notice be sent to the best of the claimant's knowledge.
However, it is not necessary in this case for us to decide precisely what level of diligence the statute requires or whether this case presents a question of fact concerning whether Kennestone exercised its best knowledge in sending notice to Travelers. As the trial court also noted, it is undisputed that Kennestone failed to send any notice at all to Chasin, although OCGA § 44-14-471(a)(1) clearly requires the claimant to send such notice to "the persons ... claimed by the injured person ... to be liable for the damages arising from the injuries." Accordingly, this failure alone invalidates the lien.
But Kennestone argues that summary judgment should not be granted on this basis, because TH & M did not produce any evidence to show that Kennestone was aware of Chasin's identity, again pointing to the language in OCGA § 44-14-471(a)(1) that requires only that the lienholder send notice to the best of its knowledge. However, as TH & M points out, once it demonstrated that Kennestone failed to send notice to the insured, it was incumbent upon Kennestone to show that this failure should not invalidate its lien, and if the reason it did not send the insured notice was because it was unaware of her identity, it should have put forth some competent evidence to support that assertion.
However, Kennestone further posits that it would have been improper to send the insured notice even if it knew her identity because TH & M has never admitted, and indeed has specifically denied, liability on her behalf. To further support this contention, Kennestone points to OCGA § 44-14-476,
2. However, relying on OCGA § 44-14-471(b), Kennestone also argues that even assuming it did not meet the notice requirements contained in OCGA § 44-14-471(a)(1), its lien was nevertheless enforceable against TH & M because TH & M had actual notice of the lien.
In pertinent part, OCGA § 44-14-471(b) provides as follows:
(Emphasis supplied.) Thus, it is true that, as Kennestone argues, OCGA § 44-14-471(b) provides an exception to the unenforceability of a lien that has not been properly perfected in accordance with subsection (a). However, as the trial court found, that exception applies only to the person, firm, or corporation liable for the damages, and does not, by its terms, apply to insurers. See Integon Indem. Corp. v. Henry Medical Center, Inc., 235 Ga.App. 97, 100(1)(b), 508 S.E.2d 476 (1998) (omission of the insurer in the prior version of OCGA § 44-14-473 which contained the language "against the person, firm, or corporation liable for damages" meant legislature did not intend to include the insurer); see also OCGA § 44-14-473 (amended at Ga. L. 2002, p. 1429, § 4 to add "insurers"); OCGA § 44-14-471(a)(1) (requiring notice to the person or entity liable for the damages "and their insurers"). Thus, OCGA § 44-14-471(b) does not save Kennestone's improperly perfected lien against TH & M, and the trial court did not err by refusing to enforce the lien against TH & M on this basis. Accordingly, the trial court's order granting TH & M's motion for summary judgment is affirmed.
Judgment affirmed.
PHIPPS, C.J., and ELLINGTON, P.J., concur.