Montana Code 71-3-1114. Liens of certain health care providers and health care facilities
71-3-1114. Liens of certain health care providers and health care facilities. (1) (a) Upon the required notice of a lien being given, there is a lien as provided in subsection (1)(b) whenever:
Terms Used In Montana Code 71-3-1114
- Ambulance service: means a person providing ground or air ambulance transport, licensed under 50-6-306, that:
(a)is in-network with at least two insurers that together provide coverage for at least 25% of health insurance insureds in the state; or
(b)accepts insurance, including copayments, coinsurance, or deductibles, as payment in full and does not offer memberships under Title 33, chapter 2, part 22. See Montana Code 71-3-1113
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Beneficiary: means a person entitled to insurance benefits. See Montana Code 71-3-1113
- Dentist: means a person practicing dentistry as provided in 37-4-101. See Montana Code 71-3-1113
- Insurance: means a contract through which a person, the insurer, undertakes to indemnify another, the insured, or pay or provide a determinable amount or benefit upon determinable contingencies. See Montana Code 71-3-1113
- Insurer: has the meaning of a health insurance issuer provided in 33-22-140. See Montana Code 71-3-1113
- Lien: A claim against real or personal property in satisfaction of a debt.
- Outpatient center for surgical services: means a facility registered as provided in 50-32-314. See Montana Code 71-3-1113
- Person: means an individual, a corporation, an organization, or other legal entity. See Montana Code 71-3-1113
- Property: means real and personal property. See Montana Code 1-1-205
- 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.
(i)a physician, nurse, physical therapist, occupational therapist, acupuncturist, chiropractor, dentist, hospital, outpatient center for surgical services, optometrist, naturopathic physician, podiatrist, rehabilitation facility, long-term care facility, or ambulance service renders services or provides products for the diagnosis and treatment of a medical condition; or
(ii)a psychologist, licensed social worker, or licensed professional counselor renders services or provides products; and
(iii)the services rendered or products provided under subsection (1)(a)(i) or (1)(a)(ii) are rendered or provided to a person injured through the fault or neglect of another.
(b)The physician, nurse, physical therapist, occupational therapist, acupuncturist, chiropractor, dentist, hospital, outpatient center for surgical services, ambulance service, optometrist, naturopathic physician, podiatrist, rehabilitation facility, long-term care facility, psychologist, licensed social worker, or licensed professional counselor has a lien for the value of services rendered or products provided on:
(i)any claim or cause of action that the injured person or the injured person’s estate or successors may have for injury, disease, or death;
(ii)any judgment that the injured person or the estate or successors may obtain for injury, disease, or death; and
(iii)all money paid in satisfaction of the judgment or in settlement of the claim or cause of action.
(2)(a) If a person is an insured or a beneficiary under insurance that provides coverage in the event of injury or disease, there is a lien as provided in subsection (2)(b) upon required notice of a lien being given by:
(i)a physician, nurse, physical therapist, occupational therapist, acupuncturist, chiropractor, dentist, hospital, outpatient center for surgical services, optometrist, naturopathic physician, podiatrist, rehabilitation facility, long-term care facility, or ambulance service for the value of services rendered or products provided for the diagnosis and treatment of a medical condition; or
(ii)a psychologist, licensed social worker, or licensed professional counselor for services rendered or products provided.
(b)The lien is on all proceeds or payments, except payments for property damage, payable by the insurer.
(3)A physician, nurse, physical therapist, occupational therapist, acupuncturist, chiropractor, dentist, hospital, outpatient center for surgical services, ambulance service, optometrist, naturopathic physician, podiatrist, rehabilitation facility, long-term care facility, psychologist, licensed social worker, or licensed professional counselor claiming a lien under this part is not liable for attorney fees and costs incurred by the injured person, the injured person’s estate or successors, or a beneficiary in connection with obtaining payments or benefits subject to a lien under this part. The lien of an attorney provided for in 37-61-420 has priority over a lien created by this part.