TITLE 45

LIENS, MORTGAGES AND PLEDGES

CHAPTER 7

HOSPITAL AND NURSING CARE LIENS

45-702.  Perfecting lien — Statement of claim — Contents — Filing. (1) In order to perfect such lien, an officer or agent of such hospital shall file in the office of the recorder of the county in which such hospital is located a verified statement in writing setting forth the name and address of such patient as it appears on the records of such hospital, the name and location of such hospital, the name and address of the officer or agent of such hospital filing the lien, the dates of admission to the hospital and discharge of such patient therefrom, the amount claimed to be due for such hospital care, and, to the best of claimant’s knowledge, the names and addresses of all persons, firms, or corporations claimed by such injured person or the legal representative of such person to be liable for damages arising from such injuries. The claimant shall also, within one (1) day after the filing of such claim or lien, mail a copy thereof by certified mail, return receipt requested, to each person, firm, or corporation claimed to be liable for such damages, at the address given in such statement.

(2)(a)  In the case of a patient who has no third-party payor, as defined in section 48-303, Idaho Code, a lien authorized by this chapter must be filed before or within ninety (90) days after either the date the patient was discharged from the hospital or the last day services were provided to the patient as a result of the injury, whichever is later.

(b)  In the case of a patient who has a third-party payor, as defined in section 48-303, Idaho Code, a lien authorized by this chapter may be filed during the ninety (90) day period after either the date the patient was discharged from the hospital or the last day services were provided to the patient as a result of the injury but only after all contracted billing adjustments for the services as ordinarily used with that third-party payor are made, provided that such lien may additionally be filed during the thirty (30) days after the hospital has received payment from the third-party payor.

(3)  The filing of such claim or lien shall be notice thereof to all persons, firms, or corporations liable for such damages, whether or not they are named in such claim or lien.

History:

[45-702, added 1941, ch. 118, sec. 2, p. 238; am. 1967, ch. 65, sec. 1, p. 147; am. 2024, ch. 236, sec. 1, p. 819; am. 2024, ch. 242, sec. 1, p. 862.]