§ 5.6 Medical Payments (“Med Pay”) Insurer Liens

• Jurisdiction: Arizona

§ 5.6 – Medical Payments (“Med Pay”) Insurer Liens

Medical payments coverage—often called Med Pay—is a form of first-party coverage, similar to “no-fault insurance,” which provides contractual rights to payment for the care of an injured person. Ordinarily, there is no lien implicated with this type of recovery, but under Arizona law, in cases involving payment of Med Pay in excess of $5,000, medical payments insurers may have potential rights of recovery.

a. The Scope of Med Pay Insurer Liens

Pursuant to A.R.S. § 20-259.01(J), an automobile medical payments insurer may unilaterally assert a “lien against any amount” in excess of $5,000 paid by an insurer to an insured “under the medical payments coverage” as a result of a motor vehicle accident.

But such a lien is not automatic; it must be perfected by filing with the appropriate county recorder’s office, i.e., the county where the accident occurred, “within sixty days after issuing a payment that is more than five thousand dollars to the insured under medical payments coverage.” Id.; see alsoNationwide Mut. Ins. Co. v. AHCCCS, 166 Ariz. 514, 517, 803 P.2d 925, 928 (App. 1990) (holding, in the context of lien perfection, “[a]lthough Arizona lien statutes are remedial and are to be liberally construed, their provisions must be strictly followed.”). Note this differs from recording requirements for Healthcare Provider Liens, which contemplates recording in the...