§ 32-33-4-4 — Perfecting lien; procedure; contest

Indiana § 32-33-4-4

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 33: LIENS ON PERSONAL PROPERTY
• Ch. 4: Hospital Liens

Text

(a) To perfect the lien provided for in section
3 of this chapter, the hospital must file for record in the office of the
recorder of the county in which the hospital is located, within ninety
(90) days after the person is discharged or not later than the date of the
final settlement, compromise, or resolution of the cause of action, suit,
or claim accruing to the patient, whichever occurs first, a verified
statement in writing stating:
(1) the name and address of the patient as it appears on the
records of the hospital;
(2) the name and address of the operator of the hospital;
(3) the dates of the patient's admission to and discharge from the
hospital;
(4) the amount claimed to be due for the hospital care; and
(5) to the best of the hospital's knowledge, the names and
addresses of anyone claimed by the patient or the patient's legal
representative to be liable for damages arising from the patient's
illness or injury.
(b) Within ten (10) days after filing the statement, the hospital shall
send a copy by registered mail, postage prepaid:
(1) to each person claimed to be liable because of the illness or
injury at the address given in the statement;
(2) to the attorney representing the patient if the name of the
attorney is known or with reasonable diligence could be
discovered by the hospital; and
(3) to the department of insurance as notice to insurance
companies doing business in Indiana.
(c) The filing of a claim under subsections (a) and (b) is notice to
any person, firm, limited liability company, or corporation that may be
liable because of the illness or injury if the person, firm, limited
liability company, or corporation:
(1) receives notice under subsection (b);
(2) resides or has offices in a county where the lien was perfected
or in a county where the lien was filed in the recorder's office as
notice under this subsection; or
(3) is an insurance company authorized to do business in Indiana
under IC 27-1-3-20.
(d) A lien:
(1) is effective under this chapter on the date a hospital complies
with subsections (a) and (b); and
(2) may not be made retroactive to any prior date.
(e) A person desiring to contest a lien or the reasonableness of the
charges claimed by the hospital may do so by filing a motion to quash
or reduce the claim in the circuit court, superior court, or probate court
in which the lien was perfected, making all other parties of interest
respondents.
[Pre-2002 Recodification Citation: 32-8-26-4.]

Legislative History

As added by P.L.2-2002, SEC.18. Amended by P.L.173-2013, SEC.4; P.L.84-2016, SEC.145.