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

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

Sec. 4. (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.]

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