Maine Revised Statutes Title 10 Sec. 3412-A – Limits on priority of hospital liens
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1. Lien reduction; just and equitable basis. A hospital lien must be reduced by the patient’s proportionate share of the patient’s litigation or other recovery costs, including, but not limited to, reasonable attorney’s fees. A hospital lien must be satisfied not on the basis of a priority lien but on a just and equitable basis, which means that any factors that diminish the potential value of the patient’s claim against which the lien is asserted must likewise reduce the share in the claim by the hospital for reimbursement for services provided. Such factors include, but are not limited to:
A. Questions of liability and comparative negligence or other legal defenses; [PL 2019, c. 270, §1 (NEW).]
B. Exigencies of trial that reduce a settlement or award in order to resolve the claim; and [PL 2019, c. 270, §1 (NEW).]
C. Limits on the amount of applicable insurance coverage that reduce the claim to an amount recoverable by the insured. [PL 2019, c. 270, §1 (NEW).]
[PL 2019, c. 270, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 10 Sec. 3412-A
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Lien: A claim against real or personal property in satisfaction of a debt.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
2. Dispute resolution. In the event of a dispute as to the application of this section or the amount available for payment to those claiming payment for services or reimbursement, that dispute must be determined, if the action is pending, before the court in which it is pending; or if no action is pending, by filing an action in any court for determination of the dispute.
[PL 2019, c. 270, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 270, §1 (NEW).