44-12-1      Hospital lien upon personal injury damages recovered by injured party.
44-12-2      Contract between injured party and attorney not prejudiced by hospital lien.
44-12-3      Lien not applicable when event covered by Workers' Compensation Act.
44-12-3.1      Hospital to submit reasonable and necessary charges to third-party payor of healthcare benefits.
44-12-4      Filing and notice of hospital lien--Contents of notice--Place and time of filing.
44-12-5      Hospital lien docket--Maintenance by register of deeds--Entries, content--Indexing--Fee for filing claim.
44-12-6      Notice of hospital lien--Copy mailed to persons liable for injury--Time of mailing.
44-12-7      Notice of hospital lien--Copy mailed to insurance carrier by hospital--Disclosure of name of carrier.
44-12-8      Persons liable for payment of hospital lien.
44-12-9      Examination of hospital records by persons liable for lien.

44-12-1. Hospital lien upon personal injury damages recovered by injured party.

Subject to § 44-12-3.1, a person, association, limited liability company, corporation, county, or other institution, including a municipal corporation, maintaining a hospital licensed under the laws of this state that furnishes hospitalization or other service of any other nature in the treatment of or in connection with an injury not covered under title 62, if the injured party asserts or maintains a claim against another for damages on account of the injury, has a lien upon that part going or belonging to the injured party of any recovery or sum had or collected or to be collected by the injured party, or by the injured party's heirs or personal representative in case of the injured party's death, whether by judgment or by settlement or compromise to the amount of the reasonable and necessary charges of the hospital for the treatment, care, and maintenance of the injured party in the hospital up to the date of payment of the damages.

Source: SL 1964, ch 112, § 1; SL 1994, ch 351, § 102; SL 2019, ch 195, § 2.

44-12-2. Contract between injured party and attorney not prejudiced by hospital lien.

The lien granted by § 44-12-1 shall not in any way prejudice or interfere with any lien or contract which may be made by such injured party or his heirs or personal representative with any attorney or attorneys for handling the claim on behalf of such injured party, his heirs, or personal representative.

Source: SL 1964, ch 112, § 1.

44-12-3. Lien not applicable when event covered by Workers' Compensation Act.

The lien set forth in § 44-12-1 shall not be applied or considered valid against anyone coming under the Workers' Compensation Act in this state.

Source: SL 1964, ch 112, § 1.

44-12-3.1. Hospital to submit reasonable and necessary charges to third-party payor of healthcare benefits.

If the hospital receives notification regarding the availability of a third-party payor of healthcare benefits for the injured person, the hospital shall, before filing a lien under § 44-12-4, submit to the payor for payment any reasonable and necessary charges for the treatment, care, and maintenance of the injured person, to the extent permitted by law or by any applicable contract, including a preferred provider contract or an insurance policy or plan.

If after filing a lien the hospital receives notification regarding the availability of a third-party payor of healthcare benefits for the injured person, the hospital shall submit to the payor for payment any reasonable and necessary charges for the treatment, care, and maintenance of the injured person, to the extent permitted by law or by any applicable contract, including a preferred provider contract or an insurance policy or plan.

The hospital shall submit such charges to the payor in the same amounts and upon the same terms and conditions under which it submits charges for patients who do not have a claim against another for damages caused by an injury.

If the period prescribed by law or by contract for submitting such charges to the payor has expired through no fault of the hospital or if the payor has refused to pay the charges, the hospital may file a lien or enforce an existing lien.

Source: SL 2019, ch 195, § 1.

44-12-4. Filing and notice of hospital lien--Contents of notice--Place and time of filing.

No such lien may be effective, however, unless a written notice containing the name and address of the injured party, the date of occurrence of the injury, the name and location of the hospital, and the name of the person, firm, limited liability company, or corporation alleged to be liable to the injured party for the injuries received, is filed in the office of the register of deeds of the county in which the hospital is located, before the payment of any moneys to the injured party, the injured party's attorneys or legal representative, as compensation for the injury.

Source: SL 1964, ch 112, § 2; SL 1974, ch 55, § 45; SL 1994, ch 351, § 103.

44-12-5. Hospital lien docket--Maintenance by register of deeds--Entries, content--Indexing--Fee for filing claim.

Each register of deeds shall provide a suitable, well-bound book to be called the hospital lien docket in which, upon the filing of any lien claim under the provisions of this chapter, the register of deeds shall enter the name and address of the injured person, the name of the person, firm, or corporation alleged to be liable for the injury, the date of occurrence of the injury and the name and location of the hospital making the claim. The register of deeds shall make a proper index of the claim in the name of the injured person and shall charge a fee in accordance with subdivision 7-9-15(3).

Source: SL 1964, ch 112, § 5; SL 1974, ch 55, § 46; SL 1983, ch 305, § 2; SL 1999, ch 33, § 6.

44-12-6. Notice of hospital lien--Copy mailed to persons liable for injury--Time of mailing.

The hospital shall also mail, postage prepaid, a copy of the notice required by § 44-12-4 with a statement of the date of filing of the notice to the person, firm, limited liability company, or corporation alleged to be liable to the injured party for the injury sustained before the payment of any moneys to the injured party, the injured party's attorney or legal representative, as compensation for the injury.

Source: SL 1964, ch 112, § 2; SL 1994, ch 351, § 104.

44-12-7. Notice of hospital lien--Copy mailed to insurance carrier by hospital--Disclosure of name of carrier.

Such hospital shall mail a copy of such notice to any insurance carrier which has insured such person, firm, or corporation against such liability. Such person, firm, or corporation alleged to be liable to the injured person shall, upon request of the hospital, disclose the name of the insurance carrier which has insured such person, firm, or corporation against such liability.

Source: SL 1964, ch 112, § 2.

44-12-8. Persons liable for payment of hospital lien.

Any person making any payment to such injured party or to the injured party's attorney, heir, or legal representative as compensation for the injury sustained, after the filing and mailing of the notice, without paying to the hospital the amount of its lien or so much thereof as can be satisfied out of the moneys due under any final judgment or compromise or settlement agreement, after paying the amount of any prior lien, is liable, for a period of one year from the date of payment of moneys to the injured party or the injured party's heir, attorney, or legal representative, as provided in this section, to the hospital for the amount which the hospital was entitled to receive as provided in this section. Any such hospital may, within such period, enforce the lien by a suit at law against the person, firm, limited liability company, or corporation making such payment.

Source: SL 1964, ch 112, § 3; SL 1994, ch 351, § 105.

44-12-9. Examination of hospital records by persons liable for lien.

Any person, firm, or corporation legally liable for such lien or against whom a claim shall be asserted for compensation for such injury, shall be permitted after waiver or expiration of any privilege granted the injured party under the provisions of § 19-2-3 or any other statute, to examine the records of any such hospital in reference to such treatment, care and maintenance of such injured person, with respect to the injuries arising out of said accident.

Source: SL 1964, ch 112, § 4.