Chand v. Bolanos
Annotate this CaseChand was treated for his injuries at San Francisco General Hospital and subsequently sued the driver of the car that struck him, among others. Chand settled with the driver for $100,000 and filed a notice of partial settlement. The City of San Francisco Bureau of Delinquent Revenue Collections filed a medical reimbursement lien for approximately $370,000 in Chand’s personal injury case to recover the cost of the medical care it provided to him. Chand moved to expunge the City’s lien. The trial court concluded the City had a valid lien pursuant to section 124 of the San Francisco Health Code, which authorizes it to place a lien on a patient’s recovery from a third party tortfeasor, and rejected Chand’s claims that section 124 is preempted by state law and alternatively determined that the City may rely on section 124 because it is a charter city and its ordinance regulates a municipal affair. The court rejected Chand’s claim that the City waived section 124 when it adopted a subsequent resolution that expanded its options for pursuing medical reimbursement from patients and third parties.The court of appeal affirmed
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