State Codes and Statutes

Statutes > Missouri > T27 > C430 > 430_225

Definitions--distribution of insurance proceeds--limitation onliability.

430.225. 1. As used in sections 430.225 to 430.250, the followingterms shall mean:

(1) "Claim", a claim of a patient for:

(a) Damages from a tort-feasor; or

(b) Benefits from an insurance carrier;

(2) "Clinic", a group practice of health practitioners or a solepractice of a health practitioner who has incorporated his or her practice;

(3) "Health practitioner", a chiropractor licensed pursuant tochapter 331, RSMo, a podiatrist licensed pursuant to chapter 330, RSMo, adentist licensed pursuant to chapter 332, RSMo, a physical therapistlicensed under chapter 334, RSMo, a physician or surgeon licensed pursuantto chapter 334, RSMo, or an optometrist licensed pursuant to chapter 336,RSMo, while acting within the scope of their practice;

(4) "Insurance carrier", any person, firm, corporation, associationor aggregation of persons conducting an insurance business pursuant tochapter 375, 376, 377, 378, 379, 380, 381, or 383, RSMo;

(5) "Other institution", a legal entity existing pursuant to the lawsof this state which delivers treatment, care or maintenance to patients whoare sick or injured;

(6) "Patient", any person to whom a health practitioner, hospital,clinic or other institution delivers treatment, care or maintenance forsickness or injury caused by a tort-feasor from whom such person seeksdamages or any insurance carrier which has insured such tort-feasor.

2. Clinics, health practitioners and other institutions, as definedin this section, shall have the same rights granted to hospitals insections 430.230 to 430.250.

3. If the liens of such health practitioners, hospitals, clinics orother institutions exceed fifty percent of the amount due the patient,every health care practitioner, hospital, clinic or other institutiongiving notice of its lien, as aforesaid, shall share in up to fifty percentof the net proceeds due the patient, in the proportion that each claimbears to the total amount of all other liens of health care practitioners,hospitals, clinics or other institutions. "Net proceeds", as used in thissection, means the amount remaining after the payment of contractualattorney fees, if any, and other expenses of recovery.

4. In administering the lien of the health care provider, theinsurance carrier may pay the amount due secured by the lien of the healthcare provider directly, if the claimant authorizes it and does notchallenge the amount of the customary charges or that the treatmentprovided was for injuries caused by the tort-feasor.

5. Any health care provider electing to receive benefits hereunderreleases the claimant from further liability on the cost of the servicesand treatment provided to that point in time.

(L. 1999 H.B. 343, A.L. 2003 H.B. 121, A.L. 2006 S.B. 1057)

State Codes and Statutes

Statutes > Missouri > T27 > C430 > 430_225

Definitions--distribution of insurance proceeds--limitation onliability.

430.225. 1. As used in sections 430.225 to 430.250, the followingterms shall mean:

(1) "Claim", a claim of a patient for:

(a) Damages from a tort-feasor; or

(b) Benefits from an insurance carrier;

(2) "Clinic", a group practice of health practitioners or a solepractice of a health practitioner who has incorporated his or her practice;

(3) "Health practitioner", a chiropractor licensed pursuant tochapter 331, RSMo, a podiatrist licensed pursuant to chapter 330, RSMo, adentist licensed pursuant to chapter 332, RSMo, a physical therapistlicensed under chapter 334, RSMo, a physician or surgeon licensed pursuantto chapter 334, RSMo, or an optometrist licensed pursuant to chapter 336,RSMo, while acting within the scope of their practice;

(4) "Insurance carrier", any person, firm, corporation, associationor aggregation of persons conducting an insurance business pursuant tochapter 375, 376, 377, 378, 379, 380, 381, or 383, RSMo;

(5) "Other institution", a legal entity existing pursuant to the lawsof this state which delivers treatment, care or maintenance to patients whoare sick or injured;

(6) "Patient", any person to whom a health practitioner, hospital,clinic or other institution delivers treatment, care or maintenance forsickness or injury caused by a tort-feasor from whom such person seeksdamages or any insurance carrier which has insured such tort-feasor.

2. Clinics, health practitioners and other institutions, as definedin this section, shall have the same rights granted to hospitals insections 430.230 to 430.250.

3. If the liens of such health practitioners, hospitals, clinics orother institutions exceed fifty percent of the amount due the patient,every health care practitioner, hospital, clinic or other institutiongiving notice of its lien, as aforesaid, shall share in up to fifty percentof the net proceeds due the patient, in the proportion that each claimbears to the total amount of all other liens of health care practitioners,hospitals, clinics or other institutions. "Net proceeds", as used in thissection, means the amount remaining after the payment of contractualattorney fees, if any, and other expenses of recovery.

4. In administering the lien of the health care provider, theinsurance carrier may pay the amount due secured by the lien of the healthcare provider directly, if the claimant authorizes it and does notchallenge the amount of the customary charges or that the treatmentprovided was for injuries caused by the tort-feasor.

5. Any health care provider electing to receive benefits hereunderreleases the claimant from further liability on the cost of the servicesand treatment provided to that point in time.

(L. 1999 H.B. 343, A.L. 2003 H.B. 121, A.L. 2006 S.B. 1057)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T27 > C430 > 430_225

Definitions--distribution of insurance proceeds--limitation onliability.

430.225. 1. As used in sections 430.225 to 430.250, the followingterms shall mean:

(1) "Claim", a claim of a patient for:

(a) Damages from a tort-feasor; or

(b) Benefits from an insurance carrier;

(2) "Clinic", a group practice of health practitioners or a solepractice of a health practitioner who has incorporated his or her practice;

(3) "Health practitioner", a chiropractor licensed pursuant tochapter 331, RSMo, a podiatrist licensed pursuant to chapter 330, RSMo, adentist licensed pursuant to chapter 332, RSMo, a physical therapistlicensed under chapter 334, RSMo, a physician or surgeon licensed pursuantto chapter 334, RSMo, or an optometrist licensed pursuant to chapter 336,RSMo, while acting within the scope of their practice;

(4) "Insurance carrier", any person, firm, corporation, associationor aggregation of persons conducting an insurance business pursuant tochapter 375, 376, 377, 378, 379, 380, 381, or 383, RSMo;

(5) "Other institution", a legal entity existing pursuant to the lawsof this state which delivers treatment, care or maintenance to patients whoare sick or injured;

(6) "Patient", any person to whom a health practitioner, hospital,clinic or other institution delivers treatment, care or maintenance forsickness or injury caused by a tort-feasor from whom such person seeksdamages or any insurance carrier which has insured such tort-feasor.

2. Clinics, health practitioners and other institutions, as definedin this section, shall have the same rights granted to hospitals insections 430.230 to 430.250.

3. If the liens of such health practitioners, hospitals, clinics orother institutions exceed fifty percent of the amount due the patient,every health care practitioner, hospital, clinic or other institutiongiving notice of its lien, as aforesaid, shall share in up to fifty percentof the net proceeds due the patient, in the proportion that each claimbears to the total amount of all other liens of health care practitioners,hospitals, clinics or other institutions. "Net proceeds", as used in thissection, means the amount remaining after the payment of contractualattorney fees, if any, and other expenses of recovery.

4. In administering the lien of the health care provider, theinsurance carrier may pay the amount due secured by the lien of the healthcare provider directly, if the claimant authorizes it and does notchallenge the amount of the customary charges or that the treatmentprovided was for injuries caused by the tort-feasor.

5. Any health care provider electing to receive benefits hereunderreleases the claimant from further liability on the cost of the servicesand treatment provided to that point in time.

(L. 1999 H.B. 343, A.L. 2003 H.B. 121, A.L. 2006 S.B. 1057)