(a) During the period of time allowed by Section 35-11-371 for perfecting the lien, including that period of time during which the hospital is awaiting payment or denial by the patient’s health care payor, and also after the lien provided for by this division has been perfected by any lienholder entitled thereto, no release or satisfaction of any action, claim, counterclaim, demand, judgment, settlement, or settlement agreement, or of any of them, shall be valid or effectual as against the lien unless the lienholder shall join therein or execute a release of the lien.
(b) Any acceptance of a release or satisfaction of any action, claim, counterclaim, demand, or judgment and any settlement of any of the foregoing in the absence of a release or satisfaction of the lien referred to in this division shall prima facie constitute an impairment of the lien, and the lienholder shall be entitled to a civil action for damages on account of the impairment, and in the action may recover from the one accepting the release or satisfaction or making the settlement the reasonable charges for the hospital care, treatment, and maintenance. Satisfaction of any judgment rendered in favor of the lienholder in any action shall operate as a satisfaction of the lien. Any action by the lienholder shall be brought in any court having jurisdiction thereof and may be brought and maintained in the county wherein the lienholder has his or her, its, or their residence or place of business. If the lienholder shall prevail in the action, the lienholder shall be entitled to recover from the defendant, costs and reasonable attorney’s fees. The action shall be commenced against the person liable for the damages within one year after the date the liability shall be finally determined by a settlement release covenant not to sue or by the judgment of a court of competent jurisdiction.
(Acts 1955, No. 488, p. 1098, §4; Act 2019-273, §1.)
Notes of Decisions
Univ. of So. Ala. v. Progressive Ins., 904 So. 2d 1242 (Ala. 2004).
· cites it 13× “"The trial court's interpretation of [§ 35-11-372] involves a question of law; it is reviewed de novo by an appellate court, without any presumption of correctness.”
Bd. of Trs. v. Am. Resources Ins. Co., 5 So. 3d 521 (Ala. 2008).
· cites it 8× “The pertinent portion of § 35-11-372 provides: “During the period of time allowed by section 35-11-371 for perfecting the lien provided for by this division [10 days] and also after the lien provided for by this division has been perfected, as provided in this division, by any…”
Alfa Mut. Ins. Co. v. Univ. of S. Ala., 241 So. 3d 705 (Ala. Civ. App. 2015).
· cites it 10× “Code 1975, attempt to circumvent the specificity of the language used in the hospital-lien statute, which this court determined in Progressive was not confined to tort claims.”
Alfa Mut. Ins. Co. v. Univ. of S. Ala., 243 So. 3d 264 (Ala. Civ. App. 2015).
· cites it 10× “Code 1975, attempt to circumvent the specificity of the language used in the hospital-lien statute, which this court determined in Progressive was not confined to tort claims.”
Alfa Mut. Ins. Co. v. Univ. of S. Ala. (Ex parte Alfa Mut. Ins. Co.), 241 So. 3d 712 (Ala. 2017).
· cites it 7× “This Court stated: "To answer this question [as to the amount of damages], we need look no farther than the plain language of § 35-11-372. There, the Legislature plainly and unambiguously stated that a lienholder, such as [the hospital], in a case such as this, `may recover from…”
Progressive Specialty Ins. Co. v. Univ. of Alabama Hosp., 953 So. 2d 413 (Ala. Civ. App. 2006).
· cites it 2× “Although UAB may not have been entitled to attorney fees simply for defending the declaratory-judgment action, the trial court’s conclusion that Progressive impaired UAB’s hospital lien entitled UAB to attorney fees pursuant to Ala.Code 1975, § 35-11-372, which states that a…”
Alfa Mut. Ins. Co. v. Univ. of S. Ala. (Ex parte Alfa Mut. Ins. Co.), 243 So. 3d 271 (Ala. 2017).
· cites it 7× “This Court stated: "To answer this question [as to the amount of damages], we need look no farther than the plain language of § 35-11-372. There, the Legislature plainly and unambiguously stated that a lienholder, such as [the hospital], in a case such as this, 'may recover from…”
Carraway Methodist Med. Ctr., Inc. v. Infinity S. Ins. Co., 737 So. 2d 458 (Ala. Civ. App. 1997).
· cites it 3× “Ala.Code 1975, § 35-11-372, states: “ During the period of time allowed by section 35-11-371 for perfecting the lien provided for by this division and also after the lien provided for by this division has been perfected, as provided in this division, by any lienholder entitled…”
Progressive Spec. Ins. v. Univ. Of Ala., 953 So. 2d 413 (Ala. Civ. App. 2006).
· cites it 2× “Although UAB may not have been entitled to attorney fees simply for defending the declaratory-judgment action, the trial court's conclusion that Progressive impaired UAB's hospital lien entitled UAB to attorney fees pursuant to Ala.Code 1975, § 35-11-372, which states that a…”
— Ala. Code § 35-11-372(b) — 1 case
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