TITLE XLI
LIENS

Chapter 448-A
LIENS IN FAVOR OF HOSPITALS AND HOME HEALTH CARE PROVIDERS

Section 448-A:1

    448-A:1 Right to Lien. – Every individual, partnership, firm, association, corporation, institution or any governmental unit or combination or parts thereof maintaining and operating a hospital licensed in the state of New Hampshire which shall furnish medical or other service to any patient injured by reason of an accident not covered by the workers' compensation act or any home health care provider licensed under RSA 151 who furnishes medical or other services to any patient injured by reason of an accident not covered by the workers' compensation act shall, if such injured patient shall assert or maintain a claim against another for damages on account of such injuries, have a lien upon that part going or belonging to such patient, or to the person responsible for the payment of such patient's bills, of any recovery or sum had or collected or to be collected by such patient or by the person responsible for the payment of such patient's bills, or by his heirs or personal representatives in the case of his death, whether by judgment or by settlement or compromise, to the amount of the reasonable and necessary charges of such hospital or home health care provider for the treatment, care and maintenance of such patient by the hospital or by the home health care provider up to the date of payment of such damages. The provisions of this chapter shall not be applicable to accidents and injuries within the purview of the workers' compensation law.

Source. 1955, 276:1. RSA 448-A:1. 1987, 123:2, eff. July 6, 1987.

Section 448-A:2

    448-A:2 Notice of Lien. – No lien shall be effective 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 or home health care provider, and the name of the person or persons, firm or firms, corporation or corporations alleged to be liable to the injured party for the injuries received, shall be filed with the clerk of the town or city in which the hospital or home health care provider is located not later than 10 days after the patient has been discharged from the hospital or by the home health care provider and prior to the payment of any moneys to such injured person, his attorneys or legal representatives, as compensation for such injuries, nor unless the hospital or home health care provider shall mail by registered mail, return receipt requested, a copy of such notice with a statement of the date of filing thereof to (1) the person or persons, firm or firms, corporation or corporations alleged to be liable to the injured patient for the injuries sustained prior to the payment of any moneys to the injured person, his attorneys or legal representatives, as compensation for such injuries and (2) to any insurance carrier which has insured such person, firm or corporation against such liability. The person or persons, firm or firms, corporation or corporations alleged to be liable to the injured patient shall, upon request of the hospital or home health care provider, disclose the name of his or its insurance carrier which has insured such person, firm or corporation against such liability.

Source. 1955, 276:2. RSA 448-A:2. 1987, 123:3, eff. July 6, 1987.

Section 448-A:3

    448-A:3 Duration of Lien. – Any person or persons, firm or firms, corporation or corporations, including an insurance carrier, making any payment to such patient or to his attorneys or heirs or legal representatives, or to any other person as compensation for the injury sustained, after the filing and receipt of such notice, without paying to such hospital or home health care provider the amount of its lien or so much thereof as can be satisfied out of the moneys due under any final judgment or compromise or settlement agreement after paying the amount of any prior liens, shall for a period of one year from the date of payment to such patient or his heirs, attorneys or legal representatives, or other person, as aforesaid, be and remain liable to such hospital or home health care provider for the amount which the hospital or home health care provider was entitled to receive; and any association, corporation or other institution maintaining such hospital or home health care provider may, within such period, enforce its lien by a suit at law against the person or persons, firm or firms, corporation or corporations making any such payment.

Source. 1955, 276:3. RSA 448-A:3. 1987, 123:4, eff. July 6, 1987.

Section 448-A:4

    448-A:4 Index of Liens. – Every town or city clerk shall, at the expense of the town or city, provide a book or card filing system to be called the hospital and home health care provider lien docket in which, upon the filing of any lien claim under the provisions of this chapter, he shall enter the name of the injured person, the name of the person, firm or corporation alleged to be liable for the injuries, the date of the accident and the name of the hospital, home health care provider, or other institution making the claim. The clerk shall make a proper index of the same in the name of the injured person, and such clerk shall be entitled to be paid a fee of $15 by the lien claimant for such filing. In lieu of maintaining a separate filing system and index for such liens, any clerk may maintain a combined filing system and index that include other liens.

Source. 1955, 276:4. RSA 448-A:4. 1987, 123:5. 1991, 252:3. 2001, 102:34, eff. July 1, 2001.