Tennessee § 29-22-101 - Lien created — Application — Priority.

§ 29-22-101. Lien created — Application — Priority.

Every person, firm, association, corporation, institution, or any governmental unit, including the state of Tennessee, any county or municipalities operating and maintaining a hospital in this state, shall have a lien for all reasonable and necessary charges for hospital care, treatment and maintenance of ill or injured persons upon any and all causes of action, suits, claims, counterclaims or demands accruing to the person to whom such care, treatment or maintenance was furnished, or accruing to the legal representatives of such person in the case of such person's death, on account of illness or injuries giving rise to such causes of action or claims and which necessitated such hospital care, treatment and maintenance. The hospital lien, however, shall not apply to any amount in excess of one third (1/3) of the damages obtained or recovered by such person by judgment, settlement or compromise rendered or entered into by such person or such person's legal representative by virtue of the cause of action accruing thereto. The lien herein created shall be subject and subordinate to any attorney's lien whether by contract, suit or judgment upon such claim or cause of action and shall not be applicable to accidents or injuries within the purview of the Tennessee Workers' Compensation Law, compiled in title 50, chapter 6. Any such lien arising out of a motor vehicle accident shall not take priority over a mechanic's lien or prior recorded lien upon a motor vehicle involved in such accident. Acts 1970, ch. 527, § 1; impl. am. Acts 1980, ch. 534, § 1; T.C.A., § 23-3201. Law Reviews. The Tennessee Hospital Lien Law — A Potential Pitfall for the Unwary (E. Patrick Hull), 35 No. 1 Tenn. B.J. 12 (1999). Attorney General Opinions. Hospital liens on criminal injuries compensation awards, OAG 88-29 (2/10/88). Criminal injuries compensation awards are not subject to hospital liens arising under T.C.A. § 29-22-101 , OAG 00-139 (9/1/00). Comparative Legislation. Hospitals' liens: Ala. Code § 35-11-370 et seq. Ark. Code § 18-46-101 et seq. Ga. O.C.G.A. § 44-14-470 et seq. Ky. Rev. Stat. Ann. § 216.140 et seq. Mo. Rev. Stat. § 430.230 et seq. N.C. Gen. Stat. § 44-49 et seq. Va. Code § 8.01-66.2 et seq.