(a) Any court having jurisdiction in an action by a patient injured through the fault or neglect of another person against the person whose fault or neglect caused the injury or against an insurer obligated by reason of that injury, and if an action has not been begun, then any court having authority to entertain an action under the circumstances stated in this subsection, if and when an action is brought, on petition or other procedure conformable to the rules of practice of the court, by the tortfeasor or by the insurer who has been notified of a claim of lien under the provisions of this chapter, may receive and impound:
(1) The amount claimed by any practitioner, nurse, hospital, or ambulance service provider under the lien; or
(2) If no amount is named in the notice of the claim of lien that has been served, then the entire amount claimed by the patient from the tortfeasor or from the insurer or any less amount that the court deems sufficient to pay the amount claimed under the claims of lien or liens as have been served.
(b) The court may pay or distribute the money in accordance with that petition, motion, or judgment and pay any remaining balance to the person by whom the money was deposited:
(1) On joint motion or petition of the patient and the practitioner or practitioners, nurse or nurses, hospital or hospitals, and ambulance service provider or providers claiming interest in the money so paid into court; or
(2) On judgment by any competent court.
Section: Previous 18-46-104 18-46-105 18-46-106 18-46-107 18-46-108 18-46-109 18-46-110 18-46-111 18-46-112 18-46-113 18-46-114 18-46-115 18-46-116 18-46-117 NextLast modified: November 15, 2016