33-931. Lien of health care provider on damages
recovered by injured person receiving services; hospital
priority
A. Every individual, partnership, firm, association, corporation or institution or
any governmental unit that maintains and operates a health care institution or provides
health care services in this state and that has been duly licensed by this state, or any
political subdivision or private entity with ambulances operated, licensed or registered
pursuant to title 36, chapter 21.1, is entitled to a lien for the care and treatment or
transportation of an injured person. The lien shall be for the claimant's customary
charges for care and treatment or transportation of an injured person. A lien pursuant to
this section extends to all claims of liability or indemnity, except health insurance and
underinsured and uninsured motorist coverage as defined in section 20-259.01, for damages
accruing to the person to whom the services are rendered, or to that person's legal
representative, on account of the injuries that gave rise to the claims and that required
the services.
B. If a county maintains, operates or provides health care services, it is entitled
to an assignment by operation of law for the care and treatment or transportation of an
injured person. The assignment shall be for the claimant's customary charges for care and
treatment or transportation of an injured person. An assignment pursuant to this section
extends to any claims of liability or indemnity, except health insurance and underinsured
and uninsured motorist coverage as defined in section 20-259.01, for damages accruing to
the person to whom the services are rendered, or to that person's legal representative,
on account of injuries that gave rise to the claims and that required the services.
C. The lien entitlements authorized by subsection A of this section and the
assignment authorized by subsection B of this section are applicable to all customary
charges by hospitals or ambulances of political subdivisions, but are restricted to
customary charges in excess of two hundred fifty dollars by all other providers and
privately owned ambulance companies excluding interest and service charges.
D. Liens perfected pursuant to this article by a hospital have priority for payment
over all other liens authorized by this article.
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