Every person, partnership, association, corporation, public entity, or other institution or body maintaining a hospital licensed under the laws of this state which furnishes emergency and ongoing medical or other services to any person injured by reason of an accident or negligent or other wrongful act not covered by Division 4 (commencing with Section 3201) or Division 4.5 (commencing with Section 6100) of the Labor Code, shall, if the person has a claim against another for damages on account of his or her injuries, have a lien upon the damages recovered,
or to be recovered, by the person, or by his or her heirs or personal representative in case of his or her death to the extent of the amount of the reasonable and necessary charges of the hospital and any hospital affiliated health facility, as defined in Section 1250 of the Health and Safety Code, in which services are provided for the treatment, care, and maintenance of the person in the hospital or health facility affiliated with the hospital resulting from that accident or negligent or other wrongful act.
LienHospital Liens
Section § 3045.1
If someone is injured in an accident or because of someone else's negligence and the injury is not covered by certain work-related laws, hospitals in California that provide emergency or ongoing medical care can claim part of any damages paid to the injured person. This claim, known as a lien, covers the hospital's reasonable and necessary costs for treating the injured person. The lien can be applied to money the injured person recovers from a lawsuit or settlement, or if they pass away, the money their heirs or representatives recover.
hospital lien injury recovery damages claim
Section § 3045.2
Basically, this law means that if you have a legal claim for damages and you're going to receive money because of it, there is a lien on that money no matter how you get it, whether through winning a lawsuit, settling the case, or coming to some kind of agreement.
The lien shall apply whether the damages are recovered, or are to be recovered, by judgment, settlement, or compromise.
lien damages recovery judgment
Section § 3045.3
This law explains that a hospital can place a lien, which is a legal claim for payment, only if they send a detailed written notice to everyone who might be responsible for paying for an injured person's medical costs. This includes the person's name, accident date, hospital details, and charges. Before any compensation is paid to the injured person, the notice must be sent by registered mail. Hospitals must also notify any known insurance companies that might cover the responsible individual or group's liability. If the hospital asks, those responsible must disclose their insurance provider's information to the hospital.
A lien shall not be effective, however, unless a written notice containing the name and address of the injured person, the date of the accident, the name and location of the hospital, the amount claimed as reasonable and necessary charges, and the name of each person, firm, or corporation known to the hospital and alleged to be liable to the injured person for the injuries received, is delivered or is mailed by registered mail, return receipt requested, postage prepaid, to each person, firm, or corporation known to the hospital and alleged to be liable to
the injured person for the injuries sustained prior to the payment of any moneys to the injured person, his attorney, or legal representative as compensation for the injuries.
The hospital shall, also, deliver or mail by registered mail, return receipt requested, postage prepaid, a copy of the notice to any insurance carrier known to the hospital which has insured the person, firm, or corporation alleged to be liable to the injured person against the liability. The person, firm, or corporation alleged to be liable to the injured person shall, upon request of the hospital, disclose to the hospital the name of the insurance carrier which has insured it against the liability.
hospital lien injured person accident date
Section § 3045.4
If someone owes money to a hospital for treating an injured person, they must pay the hospital before paying the injured person or their representatives, especially if they have been officially notified about the hospital's lien. The law states that up to 50% of any money from a settlement, judgment, or agreement should go to satisfying the hospital's claim before anyone else gets paid. If this isn't done, whoever makes the payment can be held responsible for covering the hospital's lien amount.
Any person, firm, or corporation, including, but not limited to, an insurance carrier, making any payment to the injured person, or to his or her attorney, heirs, or legal representative, for the injuries he or she sustained, after the receipt of the notice as provided by Section 3045.3, without paying to the association, corporation, public entity, or other institution or body maintaining the hospital the amount of its lien claimed in the notice, or so much thereof as can be satisfied out of 50 percent of the moneys due under any final judgment, compromise,
or settlement agreement after paying any prior liens shall be liable to the person, partnership, association, corporation, public entity, or other institution or body maintaining the hospital for the amount of its lien claimed in the notice which the hospital was entitled to receive as payment for the medical care and services rendered to the injured person.
hospital lien payment liability injured person
Section § 3045.5
If a hospital pays an injured person or their representatives, the hospital can claim its right to that money by suing the payer within one year from the payment date, as long as they notified the payer beforehand about their claim.
The person, partnership, association, corporation or other institution or body maintaining the hospital may, at any time within one year after the date of the payment to the injured person, or to his heirs, attorney, or legal representative, enforce its lien by filing an action at law against the person, firm, or corporation making the payment and to whom such notice was given as herein provided.
hospital lien enforce lien injured person
Section § 3045.6
This law section states that the rules in this chapter don't apply to lawsuits or claims against transportation companies that are controlled by the Public Utilities Commission or the Interstate Commerce Commission.
The provisions of this chapter shall not apply to any claim or cause of action against a common carrier subject to the jurisdiction of the Public Utilities Commission or the Interstate Commerce Commission.
common carrier jurisdiction Public Utilities Commission
