Utah § 38-7-1 - Lien of hospital on judgment, settlement, or compromise in certain accident cases authorized.
Full text of Utah Utah Code § 38-7-1 — Lien of hospital on judgment, settlement, or compromise in certain accident cases authorized., with citation guidance and answers to common questions.
§ 38-7-1. Lien of hospital on judgment, settlement, or compromise in certain accident cases authorized.
38-7-1.
Lien of hospital on judgment, settlement, or compromise in certain accident cases authorized.
(1)
(a)
Except as provided in Subsection (3), a hospital located within the state that furnishes emergency, medical, or other service to a patient injured by reason of an accident is entitled to assert a lien upon that portion of the judgment, settlement, or compromise going or belonging to the patient, or, in the case of death, to the patient's heirs or personal representatives, less the amount paid by the patient, or on behalf of the patient by heirs or personal representatives, for attorney fees, court costs, and other necessary expenses incidental to obtaining the judgment, settlement, or compromise.
(b)
No reduction of the asserted lien amount is allowed other than the amount paid by the patient, or the patient's heirs, or personal representatives for attorney fees, court costs, and other necessary expenses incidental to litigation, unless otherwise agreed to in writing by the lien claimant.
(c)
The hospital lien does not apply to a judgment, settlement, or compromise where the amount is $100 or less.
(2)
A hospital may file a lien described in Subsection (1) for the amount of the reasonable, usual, and necessary hospital charges for treatment, care, and maintenance of the injured party in the hospital up to the date of payment of the damages.
(3)
(a)
Except as provided in Subsection (3)(b), a hospital may not assert a lien under Subsection (1) if the services provided by the hospital are covered by workers' compensation or private health insurance.
(b)
(i)
A hospital that provides a service described in Subsection (3)(a) may assert a lien under Subsection (1) if:
(A)
the private health insurer denies coverage; or
(B)
the private health insurer does not pay the hospital within 180 days after the day on which the hospital bills the private health insurer.
(ii)
A lien asserted under Subsection (3)(b)(i)(B) shall be withdrawn when the private health insurer pays the contracted amount, or, in the event there is no contract, the amount agreed to by the private health insurer and the hospital for the service rendered.
(iii)
A hospital that provides a service described in Subsection (3)(a) may assert a lien under Subsection (1) for a copayment or deductible owed by the patient if the amount of the copayment or deductible conforms with any contractual discount provided by the hospital to the insurer.
Section 38-7-1 ("Lien of hospital on judgment, settlement, or compromise in certain accident cases authorized.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 38-7-1?
A common citation format is "Utah Code § 38-7-1" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 38-7-1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
