Ark. Code Ann. § 18-46-117 (2020)
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 practitioner, nurse, hospital, and ambulance service provider shall share in the amount payable to the patient in the proportion that his or her claim bears to the total amount claimed by all other practitioners, nurses, hospitals, and ambulance service providers.
History. Acts 1933, No. 130, § 5; Pope's Dig., §§ 7993, 10822; A.S.A. 1947, § 51-805; Acts 1993, No. 271, § 15.
Case Notes
Full Amount of Lien Not Discharged.
Where hospital's assignee established lien pursuant to § 18-46-108 and received a pro rata share of settlement proceeds pursuant to this section, acceptance of amount less than full amount of the lien did not discharge the entire debt as court order apportioning settlement and extinguishing the lien did not raise or determine issue of debtor's liability on the entire debt, was not the equivalent of extinguishing the debt and did not bar assignee, under the doctrine of res judicata, from seeking payment of the greater amount, and there was no agreement between the parties that acceptance of a lesser amount would operate as an accord and satisfaction of the debt. Fort Smith Serv. Fin. Corp. v. Parrish, 302 Ark. 299, 789 S.W.2d 723 (1990).