Hospital lien statutes give hospitals a claim against settlement or judgment proceeds for services rendered to an injured person. Perfection requires filing and notice within statutory periods.

Statutes typically require the hospital to have not billed available insurance.

Alternative Names:

Hospital Lien Statute, Provider Lien (Hospital)

Why it Matters?

Perfection requirements are strictly construed, and a hospital that failed to file within the statutory window or omitted required notice loses the lien even where the charges are valid. Verifying perfection before paying is worthwhile because defective liens are common. Several states also bar liens where the hospital could have billed the patient's health insurance and elected not to, which is a recurring pattern worth checking.

Frequently asked questions

What defeats a hospital lien?

What defeats a hospital lien?

Failure to perfect within the statutory period or to give required notice, and in several states billing the patient rather than available health insurance.

Should perfection be verified?

Should perfection be verified?

Yes. Defective perfection is common, and paying an unperfected lien forfeits money the claimant was entitled to retain.