CHAPTER 5. AMBULANCE LIENS
IC 32-33-5
Chapter 5. Ambulance Liens
IC 32-33-5-1
"Emergency ambulance services" defined
Sec. 1. As used in this chapter, "emergency ambulance services"has the meaning set forth in IC 16-18-2-107.
As added by P.L.2-2002, SEC.18.
IC 32-33-5-2
"Provider" defined
Sec. 2. As used in this chapter, "provider" means a provider ofemergency ambulance services other than a hospital.
As added by P.L.2-2002, SEC.18.
IC 32-33-5-3
Lien for reasonable and necessary charges upon any claimsaccruing to patient; scope of lien
Sec. 3. (a) A provider has a lien for all reasonable and necessarycharges for the provision of emergency ambulance services to apatient upon any cause of action, suit, or claim accruing to thepatient, or in the case of the patient's death, the patient's legalrepresentative, because of the illness or injuries that:
(1) gave rise to the cause of action, suit, or claim; and
(2) necessitated the provision of emergency ambulance services.
(b) The lien:
(1) applies to any amount obtained or recovered by the patientby settlement or compromise rendered or entered into by thepatient or by the patient's legal representative;
(2) is subject and subordinate to any attorney's lien upon theclaim or cause of action; and
(3) is not applicable to accidents or injuries within the purviewof:
(A) IC 22-3;
(B) 5 U.S.C. 8101 et seq.; or
(C) 45 U.S.C. 51 et seq.
As added by P.L.2-2002, SEC.18.
IC 32-33-5-4
Perfecting lien; procedure; contest
Sec. 4. (a) To perfect a lien under this chapter, the provider mustfile in the office of the recorder of the county, within sixty (60) daysafter the provision of services, a verified statement in writing thatincludes the following:
(1) The name and address of the patient.
(2) The name and address of the provider.
(3) The date services were provided.
(4) The amount claimed to be due.
(5) To the best of the provider's knowledge, the names andaddresses of anyone claimed by the patient or by the patient's
legal representative to be liable for damages arising from theillness or injury.
(b) Within ten (10) days after filing the statement, the providershall send a copy by registered mail, postage prepaid:
(1) to each person claimed to be liable because of the illness orinjury at the address given in the statement; and
(2) to the attorney representing the patient if the name of theattorney is known or with reasonable diligence could bediscovered by the provider.
(c) The filing of a claim under subsection (a) is notice to anyperson, firm, limited liability company, or corporation that may beliable because of the illness or injury, if the person, firm, limitedliability company, or corporation:
(1) receives notice under subsection (b); or
(2) resides or has offices in a county where the lien wasperfected or in a county where the lien was filed in therecorder's office as notice under this subsection.
(d) A person desiring to contest a lien or the reasonableness of thecharges claimed by the provider may do so by filing a motion toquash or reduce the claim in the circuit court in which the lien wasperfected, making all other parties of interest respondents.
As added by P.L.2-2002, SEC.18.
IC 32-33-5-5
Endorsement of date and hour of filing claim
Sec. 5. (a) The recorder shall endorse on the statement filed undersection 4 of this chapter the date and hour of filing.
(b) The recorder shall charge a fee for filing the statement inaccordance with the fee schedule established in IC 36-2-7-10.
As added by P.L.2-2002, SEC.18.
IC 32-33-5-6
Validity of lien; release or settlement of claim; satisfaction ofjudgment; jurisdiction
Sec. 6. (a) A lien perfected under section 4 of this chapter is validunless the lienholder executes a release of the lien under section 7 ofthis chapter.
(b) The release or settlement of a claim with a patient by a personclaimed to be liable for the damages incurred by the patient:
(1) after a lien has been perfected under section 4 of thischapter; and
(2) without obtaining a release of the lien;
entitles the lienholder to damages for the reasonable cost of theservices provided.
(c) Satisfaction of a judgment rendered in favor of the lienholderunder subsection (b) is satisfaction of the lien.
(d) An action by the lienholder shall be brought in the courthaving jurisdiction of the amount of the lienholder's claim and maybe brought and maintained in the county of residence of thelienholder.As added by P.L.2-2002, SEC.18.
IC 32-33-5-7
Release of lien; filing executed certificate; entry in lien book;lienholder's liability
Sec. 7. (a) To release a lien perfected under section 4 of thischapter, the provider to whom the lien has been paid must file withthe recorder in whose office the notice of the lien was filed anexecuted certificate:
(1) stating that the claim filed by the provider for the provisionof emergency ambulance services has been paid or discharged;and
(2) authorizing the recorder to release the lien.
The provider shall bear the expense of obtaining a release.
(b) Upon receipt of the certificate, the recorder shall enter in themargin of the record of the lien and the entry book a memorandumof the filing and the date the certificate was filed. This entryconstitutes a release of lien for which the recorder shall receive thefee prescribed in IC 36-2-7-10.
(c) If the amount of a lien has been satisfied or paid andsubsequently a demand for a release of the lien is made, thelienholder is liable to the person, firm, limited liability company, orcorporation against whose interest the lien has been filed for tendollars ($10) for each day that the lien remains in effect after thefifteenth day after the demand for a release of the lien was made.
As added by P.L.2-2002, SEC.18.
IC 32-33-5-8
Limitation on provider's right
Sec. 8. This chapter does not give any provider a right:
(1) of action to determine liability; or
(2) to approve a compromise or settlement;
for injuries sustained by any person covered by this chapter.
As added by P.L.2-2002, SEC.18.