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 one hundred
eighty (180) days after the person is discharged, 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) The filing of a verified statement under subsection (a)
constitutes filing of a lien under section 1 of this chapter if the
statement is filed before the issuance of the judgment.
(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 in which the lien was
perfected, making all other parties of interest respondents.
As added by P.L.2-2002, SEC.18.
Last modified: May 24, 2006