38-27-102. Notice of lien.

Statute text

Such lien shall take effect if, prior to any such judgment, settlement, or compromise, a written notice of lien containing the name and address of the injured person, the date of the accident, the name and location of the hospital, and the name of the person alleged to be liable to the injured person for the injuries received is filed by the hospital in the office of the secretary of state. Hospital liens properly recorded with the division of insurance prior to July 1, 1994, shall be valid and enforceable without filing with the office of the secretary of state. Within ten days after such filing, the hospital shall mail by certified mail, return receipt requested, a copy of said notice to such injured person at the last address provided to the hospital by such person, to his or her attorney, if known, to the persons alleged to be liable to such injured person for the injuries sustained, if known, and to the insurance carriers, if known, which have insured such persons alleged to be liable against such liability. If an action for damages on account of such injuries or death is pending, the requirements of notice contained in this section shall be satisfied by the filing of the said notice of lien in the pending action, with copies thereof to the attorneys of record for the parties thereto.

History

Source: L. 67: p. 880, 1. C.R.S. 1963: 86-8-2. L. 94: Entire section amended, p. 1555, 11, effective July 1. L. 99: Entire section amended, p. 754, 27, effective January 1, 2000. L. 2001: Entire section amended, p. 1433, 15, effective July 1.

Annotations

 

ANNOTATION

Annotations

Making a hospital lien that was perfected by filing in personal injury litigation applicable to PIP benefits provided by the same carrier is not a denial of due process. Rose Medical Center v. State Farm, 903 P.2d 15 (Colo. App. 1994) (decided under version of statute in effect prior to 1994 amendment).

This section establishes two separate and distinct but equal methods by which a hospital may perfect a lien against proceeds payable to an injured party. Rose Medical Center v. State Farm, 903 P.2d 15 (Colo. App. 1994) (decided under version of statute in effect prior to 1994 amendment).

Where liability coverage and PIP coverage is provided by same carrier, presumably under the same policy, notice given in compliance with this section for the liability coverage was also effective for PIP coverage. When an insurance carrier receives adequate notice of a claim under one policy or coverage, it has notice as to all coverages when the information contained in the notice is sufficient for both. Rose Medical Center v. State Farm, 903 P.2d 15 (Colo. App. 1994) (decided under version of statute in effect prior to 1994 amendment).

Substantial compliance with the hospital lien statute is enough to satisfy the statute's filing and notice provisions. Strict compliance is not necessary. A lienholder substantially complies when it satisfies the statute's purposes through timely actual notice of the lien to those against whom the lienholder attempts to enforce the lien. Wainscott v. Centura Health Corp., 2014 COA 105, 351 P.3d 513.