65-406. Liens upon personal injury damages recovered by patients; exception; enforcement of claimed lien in excess of $5,000. (a) Every hospital, which furnishes emergency, medical or other service to any patient injured by reason of an accident not covered by the workers compensation act, if such injured party asserts or maintains a claim against another for damages on account of such injuries, shall have a lien upon that part going or belonging to such patient of any recovery or sum had or collected or to be collected by such patient, or by such patient's heirs, personal representatives or next of kin in the case of such patient's death, whether by judgment or by settlement or compromise.
(b) Such lien shall be to the amount of the reasonable and necessary charges of such hospital for the treatment, care and maintenance of such patient in such hospital up to the date of payment of such damages. Such lien shall not in any way prejudice or interfere with any lien or contract which may be made by such patient or such patient's heirs or personal representatives with any attorney or attorneys for handling the claim on behalf of such patient or such patient's heirs or personal representatives. Such lien shall not be applied or considered valid against anyone coming under the workers compensation act in this state.
(c) In the event the claimed lien is for the sum of $5000 or less it shall be fully enforceable as contemplated by subsection (a) of this section. In the event the claimed lien is for a sum in excess of $5,000 the first $5,000 of the claimed lien shall be fully enforceable as contemplated by subsection (a) of this section, and that part of the claimed lien in excess of $5,000 shall only be enforceable to the extent that its enforcement constitutes an equitable distribution of any settlement or judgment under the circumstances. In the event the patient or such patient's heirs or personal representatives and the hospital or hospitals cannot stipulate to an equitable distribution of a proposed or actual settlement or a judgment, the matter shall be submitted to the court in which the claim is pending, or if no action is pending then to any court having jurisdiction and venue of the injury or death claim, for determination of an equitable distribution of the proposed or actual settlement or judgment under the circumstances.
History: L. 1939, ch. 235, § 1; L. 1951, ch. 357, § 1; L. 1957, ch. 336, § 1; L. 1972, ch. 227, § 1; L. 1997, ch. 21, § 1; July 1.
Structure Kansas Statutes
Article 4 - Hospitals And Other Facilities
65-407 Same; notices and statement of claims; requirements.
65-408 Same; persons liable to hospital; limitation of actions.
65-409 Hospital lien; fee for filing; authorized only by legislative enactment.
65-412 Administration of act by secretary of health and environment; state medical facilities plan.
65-413 General powers and duties.
65-415 Survey and planning activities.
65-416 State medical facilities plan; provisions.
65-417 Application for federal funds for survey and planning; expenditure.
65-419 Same; priority of projects.
65-420 Medical facility projects; application for funds.
65-421 Consideration and forwarding of applications; hearing.
65-422 Inspection of projects; certification.
65-423 Medical facilities project fund established; deposit of federal moneys; uses.
65-424a Medical facilities; definition.
65-424b Same; construction, operation and leasing by certain municipalities authorized.
65-428 Application for license; contents.
65-430 Denial, suspension or revocation of license; notice and hearing.
65-432 Time for compliance with rules, regulations and standards.
65-433 Inspections and investigations; rules and regulations; consultations.
65-435a Development of contents of annual report and inspection form; rules and regulations.
65-436 Information confidential; exceptions.
65-437 Annual report of licensing agency.
65-438 Appeal from decision of licensing agency.
65-442a Same; act inapplicable to adult care home licensed under chapter 39.
65-444 Same; medical care facility refusal to permit; establishment of criteria and procedures.
65-451 Construction or modification of certain hospitals prohibited until July 1, 1986.
65-453 Same; emergency waiver, when; secretary of health and environment.
65-454 Same; action to enjoin violation.
65-469 Same; state policy to encourage rural health networks.
65-470 Same; participation in or affiliation with a rural health network; contracts.
65-473 Same; rules and regulations; minimum standards for rural health networks.
65-481 Rural emergency hospital act; citation of act.
65-485 Same; authorization to contract for federal reimbursement.
65-487 Same; rules and regulations.
65-488 Same; insurance coverage parity for services performance by a rural emergency hospital.