Section 7.11 Hospital and Medical Provider Liens

• Library: Insurance Practice 2015

Section 430.230, RSMo 2000, grants hospitals a limited statutory lien on a personal injury tort claim that is contingent on proper notice of the lien being given to the tortfeasor. A hospital shall also send, by registered mail, a copy of the notice to any insurance carrier, if known, who insured the tortfeasor. Section 430.240, RSMo 2000.

But the lien is limited to the cost of hospital services, computed at reasonable rates not to exceed $25 per day, and the reasonable cost of necessary X-ray, laboratory, operating room, and medication services. Section 430.230.

If any person, firm, or corporation, including an insurance carrier, makes a settlement payment to a patient or the patient’s representative after receipt of the notice required by § 430.240 and without paying the hospital the amount of its...