Nevada Revised Statutes 108.605 – Notice of intent to file lien required if hospital provides care to injured person covered by contracted third-party insurer and wishes to perfect lien; collection efforts; actions required if judgment or settlement;…
1. If a hospital provides hospital care to an injured person who has a policy of health insurance issued by a third party that provides health coverage for care provided at the hospital and the hospital has a contractual agreement with the third party and wishes to be able to perfect a lien pursuant to NRS 108.610, the hospital shall, not later than 90 days after the termination of hospitalization, send a notice of intent to file a lien by registered or certified mail to:
Terms Used In Nevada Revised Statutes 108.605
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Lien: A claim against real or personal property in satisfaction of a debt.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- 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.
(a) The insurance carrier, if known, which has insured against liability of the person alleged to be responsible for causing the injury and liable on account thereof and from which damages are claimed and any legal representative of that person; and
(b) The injured person or personal representative of the injured person, as applicable, and any legal representative of the injured person or personal representative.
2. Within 30 days after sending a notice pursuant to subsection 1, the hospital shall proceed with any efforts to collect on any amount owed to the hospital for the hospital care in accordance with the provisions of NRS 449A.159.
3. If an injured person or the personal representative of an injured person is awarded by judgment or obtains by a settlement or compromise a sum of money after a notice of intent to file a lien is received pursuant to this section:
(a) Any person receiving such notice shall provide written notice to the hospital of the judgment, settlement or compromise; and
(b) The insurance carrier and any attorney holding the money in trust shall proceed as if the lien is perfected pursuant to NRS 108.610 unless the hospital fails to comply with subsection 2.
4. If the hospital fails to comply with subsection 2, the notice of intent to file a lien shall be deemed void ab initio.
5. This section does not apply to Medicaid, Medicare, the Children’s Health Insurance Program or any other public program which may pay all or part of the bill.