.jpg)
Hospital Lien
Dear Paul: One of the things that has to happen for there to be a
hospital lien is that the hospital has to comply with the following civil
code: 3045.3. A lien shall not be effective, however, unless a written
notice containing the name and address of the injured person, the
date of the accident, the name and location of the hospital, the
amount claimed as reasonable and necessary charges, and the name of
each person, firm, or corporation known to the hospital and alleged
to be liable to the injured person for the injuries received, is
delivered or is mailed by registered mail, return receipt requested,
postage prepaid, to each person, firm, or corporation known to the
hospital and alleged to be liable to the injured person for the
injuries sustained prior to the payment of any moneys to the injured
person, his attorney, or legal representative as compensation for the
injuries.
The hospital shall, also, deliver or mail by registered mail,
return receipt requested, postage prepaid, a copy of the notice to
any insurance carrier known to the hospital which has insured the
person, firm, or corporation alleged to be liable to the injured
person against the liability. The person, firm, or corporation
alleged to be liable to the injured person shall, upon request of the
hospital, disclose to the hospital the name of the insurance carrier
which has insured it against the liability.
I am unaware of too many situations where the hospital billing has
complied with the registered mail requirement in order for a lien to exist.
If you filed chapter 7 and the debt was discharged wouldn't that mean that
they have no lien. I believe I have a situation where we sat on the money
for four years and they never sent the registered mail. Once the four
years expired I gave the client her money because the lien did not exist
for even me as the attorney to pay out. Maybe I did the wrong thing... I
dunno. But like I said, the technical side of the law is always trumped by
the practical side.
Renay
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
for ex parte Applications via voicemail or by email. You must comply with
California Law and give notice to a person in my office during regular
business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and
confidential information and is intended only for the individual named. If
you are not the intended recipient you should not disseminate, distribute,
store, print, copy or deliver this message. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and
delete this e-mail from your system.
On Fri, May 31, 2013 at 4:45 PM, Paul Horn wrote:
> **
>
>
> I have a debtor who filed a chapter 7; the case is discharged and closed.
> However, the insurance company in cutting the check for the personal injury
> insist on cutting the check in both names: the personal injury attorney and
> the hospital.
>
> California Civil Code 3045.1 allows a hospital to have a lien on the
> insurance proceeds even if a patient has filed a chapter 7 to wipe out the
> debt.
>
> Can the insurance company be forced to cut the check directly to the
> debtor ONLY? The hospital debt is wiped out in schedule F as to the
> debtor but I guess by operation of law the hospital has a legitimate lien
> on the insurance proceed because of CCC 3045.1?
>
> Thanks
>
> Paul Horn
> Attorney at Law
> Certified Public Accountant
> 850 E. Las Tunas Drive
> San Gabriel, CA 91776
> 800-380-7076
>
>
>
Dear Paul: One of the things that has to happen for there to be a hospital lien is that the hospital has to comply with the following civil code: 3045.3. A lien shall not be effective, however, unless a written
notice containing the name and address of the injured person, the
date of the accident, the name and location of the hospital, the
amount claimed as reasonable and necessary charges, and the name of
each person, firm, or corporation known to the hospital and alleged
to be liable to the injured person for the injuries received, is
delivered or is mailed by registered mail, return receipt requested,
postage prepaid, to each person, firm, or corporation known to the
hospital and alleged to be liable to the injured person for the
injuries sustained prior to the payment of any moneys to the injured
person, his attorney, or legal representative as compensation for the
injuries.
The hospital shall, also, deliver or mail by registered mail,
return receipt requested, postage prepaid, a copy of the notice to
any insurance carrier known to the hospital which has insured the
person, firm, or corporation alleged to be liable to the injured
person against the liability. The person, firm, or corporation
alleged to be liable to the injured person shall, upon request of the
hospital, disclose to the hospital the name of the insurance carrier
which has insured it against the liability.
I am unaware of too many situations where the hospital billing has complied with the registered mail requirement in order for a lien to exist. If you filed chapter 7 and the debt was discharged wouldn't that mean that they have no lien. I believe I have a situation where we sat on the money for four years and they never sent the registered mail. Once the four years expired I gave the client her money because the lien did not exist for even me as the attorney to pay out. Maybe I did the wrong thing... I dunno. But like I said, the technical side of the law is always trumped by the practical side.
The post was migrated from Yahoo.
I have a debtor who filed a chapter 7; the case is discharged
and closed. However, the insurance company in cutting the check for the
personal injury insist on cutting the check in both names: the personal injury
attorney and the hospital.
California Civil Code 3045.1 allows a hospital to have a
lien on the insurance proceeds even if a patient has filed a chapter 7 to wipe
out the debt.
Can the insurance company be forced to cut the check
directly to the debtor ONLY? The
hospital debt is wiped out in schedule F as to the debtor but I guess by
operation of law the hospital has a legitimate lien on the insurance proceed
because of CCC 3045.1?
Thanks
Paul Horn
Attorney at Law
Certified Public Accountant
850 E. Las Tunas Drive
San Gabriel, CA 91776
800-380-7076
The post was migrated from Yahoo.