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IC 32-33-5-2
"Provider" defined
Sec. 2. As used in this chapter, "provider" means a provider of
emergency ambulance services other than a hospital.
As added by P.L.2-2002, SEC.18.
IC 32-33-5-3
Lien for reasonable and necessary charges upon any claims
accruing to patient; scope of lien
Sec. 3. (a) A provider has a lien for all reasonable and necessary
charges for the provision of emergency ambulance services to a
patient upon any cause of action, suit, or claim accruing to the
patient, or in the case of the patient's death, the patient's legal
representative, because of the illness or injuries that:
(1) gave rise to the cause of action, suit, or claim; and
(2) necessitated the provision of emergency ambulance services.
(b) The lien:
(1) applies to any amount obtained or recovered by the patient
by settlement or compromise rendered or entered into by the
patient or by the patient's legal representative;
(2) is subject and subordinate to any attorney's lien upon the
claim or cause of action; and
(3) is not applicable to accidents or injuries within the purview
of:
(A) IC 22-3;
(B) 5 U.S.C. 8101 et seq.;
(C) 45 U.S.C. 51 et seq.; or
(D) IC 34-13-8 concerning a distribution paid from the
supplemental state fair relief fund to an eligible person (as
defined in IC 34-13-8-1) for an occurrence (as defined in
IC 34-13-8-2).
As added by P.L.2-2002, SEC.18. Amended by P.L.160-2012,
SEC.61.
IC 32-33-5-4
Perfecting lien; procedure; contest
Sec. 4. (a) To perfect a lien under this chapter, the provider must
file in the office of the recorder of the county, within sixty (60) days
after the provision of services, a verified statement in writing that
includes the following:
(1) The name and address of the patient.
IC 32-33-5-5
Endorsement of date and hour of filing claim
Sec. 5. (a) The recorder shall endorse on the statement filed under
section 4 of this chapter the date and hour of filing.
(b) The recorder shall charge a fee for filing the statement in
accordance with the fee schedule established in IC 36-2-7-10.
As added by P.L.2-2002, SEC.18.
IC 32-33-5-6
Validity of lien; release or settlement of claim; satisfaction of
judgment; jurisdiction
Sec. 6. (a) A lien perfected under section 4 of this chapter is valid
unless the lienholder executes a release of the lien under section 7 of
this chapter.
(b) The release or settlement of a claim with a patient by a person
claimed to be liable for the damages incurred by the patient:
(1) after a lien has been perfected under section 4 of this
chapter; and
(2) without obtaining a release of the lien;
entitles the lienholder to damages for the reasonable cost of the
services provided.
(c) Satisfaction of a judgment rendered in favor of the lienholder
under subsection (b) is satisfaction of the lien.
(d) An action by the lienholder shall be brought in the court
having jurisdiction of the amount of the lienholder's claim and may
be brought and maintained in the county of residence of the
lienholder.
As added by P.L.2-2002, SEC.18.
IC 32-33-5-7
Release of lien; filing executed certificate; entry in lien book;
lienholder's liability
Sec. 7. (a) To release a lien perfected under section 4 of this
chapter, the provider to whom the lien has been paid must file with
the recorder in whose office the notice of the lien was filed an
executed certificate:
(1) stating that the claim filed by the provider for the provision
of emergency ambulance services has been paid or discharged;
and
(2) authorizing the recorder to release the lien.
The provider shall bear the expense of obtaining a release.
(b) Upon receipt of the certificate, the recorder shall enter in the
margin of the record of the lien and the entry book a memorandum
of the filing and the date the certificate was filed. This entry
constitutes a release of lien for which the recorder shall receive the
fee prescribed in IC 36-2-7-10.
(c) If the amount of a lien has been satisfied or paid and
subsequently a demand for a release of the lien is made, the
lienholder is liable to the person, firm, limited liability company, or
corporation against whose interest the lien has been filed for ten
dollars ($10) for each day that the lien remains in effect after the
fifteenth day after the demand for a release of the lien was made.
As added by P.L.2-2002, SEC.18.
IC 32-33-5-8
Limitation on provider's right
Sec. 8. This chapter does not give any provider a right:
(1) of action to determine liability; or
(2) to approve a compromise or settlement;
for injuries sustained by any person covered by this chapter.
As added by P.L.2-2002, SEC.18.