§ 18-46-101. Title
This chapter may be cited as the Medical, Nursing, Hospital, and Ambulance Service Lien Act.
§ 18-46-102. Definitions
As used in this chapter: (1) “Ambulance service provider” means a provider that renders services as defined in § 14-266-103(1) and (2); (2) “Claim” means the claim of a patient: (A) For damages from a tortfeasor; or (B) For benefits from an insurer; (3) “Hospital” means a person that maintains an establishment in which sick […]
§ 18-46-103. Attorney’s liens not affected
The liens given in this chapter shall in no way repeal or affect the statutory liens now provided in favor of attorneys.
§ 18-46-104. Extent of lien
On compliance with the requirements of this chapter, a practitioner, a nurse, an orthotist, a prosthetist, a pedorthist, a hospital, and an ambulance service provider shall each have a lien: (1) For the value of the service rendered and to be rendered by the practitioner, nurse, orthotist, prosthetist, pedorthist, hospital, or ambulance service provider to […]
§ 18-46-105. Notice required — Contents — Service — Amendments and supplements
In order to establish a lien under this chapter, a practitioner, nurse, hospital, or ambulance service provider shall comply with the following conditions: (1) Notice Required. (A) The practitioner, nurse, hospital, or ambulance service provider shall serve on the patient a written notice of his or her claim of lien and shall serve a copy […]
§ 18-46-106. Liens void after certain day unless action commenced
(a) If at the expiration of one hundred eighty (180) days immediately following the day on which the most recent notice, amendatory notice, or supplementary notice of a claim of lien was filed in the office of the clerk of the circuit court, as authorized by this chapter, and if, in any event, immediately on […]
§ 18-46-107. Enforcement of perfected liens — Parties
(a) (1) A practitioner, nurse, hospital, or ambulance service provider that has perfected a lien under the provisions of this chapter to secure the payment of a debt for service rendered may enforce that lien by any proper action against the patient, the tortfeasor, and the insurer, jointly or severally, in any court of competent […]
§ 18-46-108. Liens assignable — Enforcement
(a) All liens or claims of liens that accrue to any practitioner, nurse, hospital, or ambulance service providers under this chapter are assignable. (b) Proceedings to enforce assigned liens or claims of liens may be maintained by, and in the name of, the assignee. The assignee shall have as full and complete power to enforce […]
§ 18-46-109. Subrogation of rights
Any person who, with the consent of a patient injured through the fault or neglect of another person, pays to a practitioner, nurse, hospital, or ambulance service provider the amount due for service to that patient shall be subrogated to the rights of the payee with respect to the establishment and enforcement of a lien […]
§ 18-46-110. Persons under legal disability
If any person, because of minority, mental defect, death, or other legal disability, cannot exercise any right conferred on him or her by this chapter or discharge any duty imposed on him or her by it, that right may be exercised and that duty shall be discharged, by his or her father, mother, guardian, executor, […]
§ 18-46-111. Incorporation of lien in action by patient
If a patient has instituted an action in any court in Arkansas to enforce his or her claim against the tortfeasor through whose fault or neglect he or she was injured, or against any insurer by which he or she was insured against loss through accident or accidental means, and a practitioner, nurse, hospital, or […]
§ 18-46-112. Settlement of patient’s claim without satisfaction of lien prohibited
(a) A tortfeasor and an insurer, and each of them, who have been notified, as authorized by this chapter, of a claim of lien against any claim or right of action that a patient has against the tortfeasor or insurer by reason of an injury caused by the fault or neglect of a tortfeasor shall […]
§ 18-46-113. Waiver or release of claim by patient
(a) A patient who has been notified by a practitioner, nurse, hospital, or ambulance service provider of a claim of lien on any claim or right of action that the patient has because of the injury for which service was rendered shall not waive or release that claim, or any part of it, unless: (1) […]
§ 18-46-114. Release on satisfaction or waiver of lien required
(a) If a lien has been satisfied or waived, the practitioner, nurse, hospital, or ambulance service provider that established or waived it shall, on written demand and at the expense of the patient, or the person by whom the patient was injured, or by the insurer obligated by reason of the injury, give a written […]
§ 18-46-115. Records of liens and releases
(a) (1) The clerk of the circuit court in each county shall maintain, at the expense of the county, a file designated and labeled “Medical, Nursing, Hospital, and Ambulance Service Provider Liens”, and an appropriate and sufficient book record and index of the liens, properly labeled. (2) The clerk shall make a record in this […]
§ 18-46-116. Receipt and payment of money by court
(a) Any court having jurisdiction in an action by a patient injured through the fault or neglect of another person against the person whose fault or neglect caused the injury or against an insurer obligated by reason of that injury, and if an action has not been begun, then any court having authority to entertain […]
§ 18-46-117. Pro rata payment of claims
If the amount for which a tortfeasor or an insurer is liable to the patient on account of his or her injury is not sufficient to pay in full the claims of all practitioners, nurses, hospitals, and ambulance service providers that rendered service in the case and who have given notice of liens, then each […]