Section 190.250

Title XII PUBLIC HEALTH AND WELFARE

Chapter 190

Effective - 28 Aug 2002   

  190.250.  Ambulance services to have same statutory lien rights as hospitals — recovery of lien, net proceeds to be shared with patient, when — release of claimant from liability, when. — 1.  As used in this section, the following terms mean:

  (1)  "Claim", a claim of a patient for:

  (a)  Damages from a tort-feasor; or

  (b)  Benefits from an insurance carrier;

  (2)  "Insurance carrier", any person, firm, corporation, association or aggregation of persons conducting an insurance business pursuant to chapter 375, 376, 377, 378, 379, 380, 381, or 383;

  (3)  "Patient", any person to whom an ambulance service delivers treatment, care, or transportation for sickness or injury caused by a tort-feasor from whom such person seeks damages or any insurance carrier which has insured such tort-feasor.

  2.  Ambulance services shall have the same rights granted to hospitals in sections 430.230 to 430.250.

  3.  If the liens of such ambulance services or hospitals exceed fifty percent of the amount due the patient, every ambulance service or hospital giving notice of its lien, as aforesaid, shall share in up to fifty percent of the net proceeds due the patient, in the proportion that each claim bears to the total amount of all other liens of ambulance services or hospitals.  "Net proceeds", as used in this section, means the amount remaining after the payment of contractual attorney fees, if any, and other expenses of recovery.

  4.  In administering the lien of the ambulance service, the insurance carrier may pay the amount due secured by the lien of the ambulance service directly, if the claimant authorizes it and does not challenge the amount of the customary charges or that the treatment provided was for injuries caused by the tort-feasor.

  5.  Any ambulance service electing to receive benefits hereunder releases the claimant from further liability on the cost of the services and treatment provided to that point in time.

­­--------

(L. 2002 S.B. 1107 § 1)