582.1A Nature of lien. 1. Every association, corporation, county, municipal corporation, or other institution maintaining a hospital in the state, which shall furnish medical or other service to anypatient injured by reason of an accident not covered by the workers’ compensation Act,shall, if such injured party shall assert or maintain a claim against another for damages onaccount of such injuries, have a lien upon that part going or belonging to such patient of anyrecovery or sum had or collected or to be collected by such patient, or by the patient’s heirsor personal representatives in the case of the patient’s death, whether by judgment or bysettlement or compromise to the amount of the reasonable and customary charges of suchhospital for the treatment, care, and maintenance of such patient in such hospital up to thedate of payment of such damages, except as provided in subsection 2. 2. If a patient provides proof of insurance coverage under a health plan within thirty days of the patient’s discharge from a hospital, the hospital shall submit all charges to the patient’shealth plan prior to filing the notice of the lien pursuant to section 582.2. plan within thirty days of the patient’s discharge from a hospital, the hospital shall submit all charges to the patient’shealth plan prior to filing the notice of the lien pursuant to section 582.2. The patient’s healthplan shall not deny payment for hospital services received on the basis that a third partyor other insurance carrier is responsible for the patient’s injuries. If the health plan deniespayment for any other reason, the health plan shall nonetheless provide the hospital and thepatient with a statement detailing the amount the health plan would have paid for the hospitalservices provided and the amount the patient would have been responsible for had the claimnot been denied. In such a case, the amount of the lien shall be limited to the amount thehospital would have received if such charges were covered by the patient’s health plan. Ahealth plan’s failure to provide a statement shall not affect the limitations on a hospital lienpursuant to this section. This subsection shall not prohibit a hospital from filing notice of alien pursuant to section 582.2 for the amount owed to the hospital due to patient responsibilityincluding but not limited to deductibles, bsection shall not prohibit a hospital from filing notice of alien pursuant to section 582.2 for the amount owed to the hospital due to patient responsibilityincluding but not limited to deductibles, copayments, and coinsurance. 3. If at any time subsequent to the filing of the notice of the lien a hospital receives health plan information regarding a patient, the hospital shall not be required to withdraw notice ofthe lien but shall submit the hospital’s charges to the health plan. In such a case, the amountof the hospital’s lien shall be limited pursuant to subsection 2. 4. The lien shall not in any way prejudice or interfere with any lien or contract which may be made by such patient or the patient’s heirs or personal representatives with any attorneyor attorneys for handling the claim on behalf of such patient, the patient’s heirs, or personalrepresentatives; provided, further, that the lien shall not be applied or considered valid againsta patient covered under the workers’ compensation Act pursuant to chapters 85, 85A, and85B. 5. A hospital that recovers from a judgment, verdict, or settlement pursuant to this chapter shall be responsible for the pro rata share of the legal nsation Act pursuant to chapters 85, 85A, and85B. 5. A hospital that recovers from a judgment, verdict, or settlement pursuant to this chapter shall be responsible for the pro rata share of the legal and administrative expenses incurredin obtaining the judgment, verdict, or settlement. [C35, §10347-f5; C39, §10347.14; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §582.1]2007 Acts, ch 154, §2CS2007, §582.1AReferred to in §582.3 Sat Dec 23 11:08:38 2023 Iowa Code 2024, Section 582.1A (16, 0)
Iowa Legal Code