CHAPTER 8. LIENS
IC 12-15-8
Chapter 8. Liens
IC 12-15-8-1
Recipient asserting claim against another person for injury orillness resulting from negligence or act of other person; lien againstother person; amount of lien
Sec. 1. Whenever:
(1) the office pays medical expenses for or on behalf of aperson who has been injured or has suffered an illness or adisease as a result of the negligence or act of another person;and
(2) the injured or diseased person asserts a claim against theother person for damages resulting from the injury, illness, ordisease;
on any recovery under the claim, whether by judgment, compromise,or settlement, the office has a lien against the other person in theamount paid by the office to the extent of the other person's liabilityfor the medical expenses.
As added by P.L.2-1992, SEC.9. Amended by P.L.245-1999, SEC.2.
IC 12-15-8-2
Recipient asserting claim against insurer; lien for medical expensespaid or for medical services rendered; amount
Sec. 2. Whenever:
(1) the office pays for medical expenses or renders medicalservices on behalf of a person who has been injured or hassuffered an illness or a disease; and
(2) the person asserts a claim against an insurer as a result ofthat person's injury, illness, or disease;
the office has a lien against the insurer, to the extent of the amountpaid by the office, on any recovery from the insurer.
As added by P.L.2-1992, SEC.9.
IC 12-15-8-3
Perfection of lien
Sec. 3. A lien under this chapter is not effective unless the officetakes the following actions before the party alleged to be liable hasconcluded a final settlement with the injured, ill, or diseased personor the person's attorney or legal representative as compensation forthe person's injury, illness, or disease:
(1) Filing in the Marion County circuit court a written noticestating the following:
(A) Notice of the eligibility of the injured, ill, or diseasedperson for Medicaid.
(B) The name and address of the injured, ill, or diseasedperson.
(C) The name of the person, firm, limited liability company,or corporation alleged to be liable to the injured, ill, ordiseased person. (2) Sending to the person, firm, limited liability company, orcorporation alleged to be liable, by registered or certified mail,a copy of the notice required by subdivision (1), with astatement of the date of filing of the notice.
As added by P.L.2-1992, SEC.9. Amended by P.L.8-1993, SEC.182.
IC 12-15-8-4
Notice; person for whom medical expenses paid, insurance carrier,and attorney for injured or diseased person
Sec. 4. In addition to the requirements of section 3 of this chapter,the office shall send a copy of the notice required by section 3(1) ofthis chapter to the following persons or entities if the appropriatenames and addresses can be determined:
(1) The injured, ill, or diseased person for whom the office haspaid medical expenses.
(2) An insurance carrier that may be ultimately liable.
(3) An attorney for the injured or diseased person.
As added by P.L.2-1992, SEC.9.
IC 12-15-8-5
Itemized statement of medical expenses paid; sending statement toperson for whom expenses paid and to attorney for injured ordiseased person; time
Sec. 5. Not more than twenty-one (21) days after the filing of thenotice required under section 3(1) of this chapter, the office shallsend to persons or entities listed in section 4(1) and 4(3) of thischapter an itemized statement of the medical expenses paid by theoffice for which the office seeks to perfect a lien.
As added by P.L.2-1992, SEC.9.
IC 12-15-8-6
Actions on behalf of injured, ill, or diseased person and to perfectlien; conditions
Sec. 6. (a) The office may, on behalf of an injured, an ill, or adiseased person and to perfect a lien provided by this chapter, initiateand prosecute an action or a proceeding against a:
(1) person;
(2) firm;
(3) corporation; or
(4) limited liability company;
who may be liable to the injured, ill, or diseased person.
(b) The office may initiate an action or a proceeding undersubsection (a) only if the following occurs:
(1) The injured, ill, or diseased person has not initiated legalproceedings against the person, firm, limited liability company,or corporation alleged to be liable.
(2) The time remaining under the statute of limitations for theaction or proceeding is not more than six (6) months.
As added by P.L.2-1992, SEC.9. Amended by P.L.8-1993, SEC.183.
IC 12-15-8-7
Recovery under lien; payment of pro rata share of costs andexpenses incurred in asserting claim
Sec. 7. If the office recovers money under a lien established bythis chapter and the recovery is the result of a claim asserted by aninjured, an ill, or a diseased person, the office shall pay the office'spro rata share of all costs and reasonably necessary expensesincurred in asserting the claim, including the following:
(1) Deposition costs.
(2) Witness fees.
(3) Other costs and expenses.
As added by P.L.2-1992, SEC.9.
IC 12-15-8-8
Attorney's fees
Sec. 8. (a) This section does not apply to a lien on a Medicaidrecipient's real property under IC 12-15-8.5.
(b) This section applies only to a lien on a recovery under section1 or section 2 of this chapter.
(c) The office shall pay attorney's fees in the amount of one (1) ofthe following:
(1) Twenty-five percent (25%) of the office's recovery under thelien if the claim was collected without initiating legalproceedings.
(2) Thirty-three and one-third percent (33 1/3%) of the office'srecovery under the lien if the claim was collected by initiatinglegal proceedings.
As added by P.L.2-1992, SEC.9. Amended by P.L.224-2003, SEC.81;P.L.236-2007, SEC.1.
IC 12-15-8-9
Waiver of right to lien
Sec. 9. (a) The office may waive the office's right to assert a lienunder this chapter.
(b) If the office does waive the right to a lien, the office is notliable for a pro rata share of costs under section 7 of this chapter.
As added by P.L.2-1992, SEC.9.