Printable Format65-408. Same; persons liable to hospital; limitation of actions. Any person or persons, firm or firms, corporation or corporations, including an insurance carrier, making any payment to such patient or to his attorneys or heirs or legal representatives as compensation for the injury sustained, after the filing and mailing of such notice without paying to such hospital the amount of its lien or so much thereof as can be satisfied out of the moneys due under any final judgment or compromise or settlement agreement, after paying the amount of any prior liens, shall, for a period of one year from the date of payment to such patient or his heirs, attorneys or legal representatives, as aforesaid; be and remain liable to such hospital for the amount which such hospital was entitled to receive as aforesaid; any such association, corporation or other institution maintaining such hospital may, within such period, enforce its lien by a suit at law against such person or persons, firm or firms, corporation or corporations making any such payment.
History: L. 1939, ch. 235, ยง 3; June 30.
CASE ANNOTATIONS
1. Attorney fees cannot be deducted from hospital lien when there are sufficient funds to satisfy both. Harlow v. Lloyd, 15 Kan. App. 2d 497, 498, 503, 809 P.2d 1228 (1991).
2. Payment by auto insurer subject to hospital's lien on recovery by injured patient; counterclaim unnecessary to protect lien. Farm Bureau Mut. Ins. Co., Inc. v. Harmon, 981 F. Supp. 1391, 1393 (1997).
3. Section imposes duty on insurance carriers to assure hospital liens satisfied when carrier compensates injured party. Kearny Co. Hospital v. Allstate Ins. Co., 38 Kan. App. 2d 641, 642, 643, 644, 648, 650, 653, 654, 170 P.3d 900 (2007).
4. Despite noncompliance with the notice requirements, hospital has enforceable lien. Via Christi Regional Med. Center, Inc. v. Reed, 45 Kan. App. 2d 356, 247 P.3d 1067 (2011).