Sec. 1. Subject to sections 3(c), 3(d), and 3.5 of this
chapter, a person, a firm, a partnership, an association, a limited
liability company, or a corporation maintaining a hospital in Indiana or
a hospital owned, maintained, or operated by the state or a political
subdivision of the state is entitled to hold a lien for the reasonable
value of its services or expenses (including any amount designated as
a copayment or deductible) on any judgment for personal injuries
rendered in favor of any person, except:
(1) a person covered by the provisions of IC 22-3, the state
worker's compensation laws;
(2) a person covered by the provisions of 5 U.S.C. 8101 et seq.,
the federal worker's compensation laws;
(3) a person covered by the provisions of 45 U.S.C. 51 et seq., the
Federal Employers Liability Act;
(4) an eligible person (as defined in IC 34-13-8-1) with respect to
a distribution paid from the supplemental state fair relief fund for
an occurrence (as defined in IC 34-13-8-2); and
(5) a person covered by the provisions of 42 U.S.C. 1395 et seq.,
the federal Medicare program;
who is admitted to the hospital and receives treatment, care, and
maintenance on account of personal injuries received as a result of the
negligence of any person or corporation. In order to claim the lien, the
hospital must satisfy the conditions for perfecting the lien as set forth
in section 4 of this chapter and, not later than the date on which the
judgment is rendered, enter, in writing, upon the judgment docket
where the judgment is recorded, the hospital's intention to hold a lien
upon the judgment, together with the amount claimed.
[Pre-2002 Recodification Citation: 32-8-26-1.]
As added by P.L.2-2002, SEC.18. Amended by P.L.160-2012,
SEC.59; P.L.173-2013, SEC.1; P.L.205-2013, SEC.340; P.L.2-2014,
SEC.116.
Notes of Decisions
Christopher R. Brown v. Decatur Cnty. Mem'l Hosp., 892 N.E.2d 642 (Ind. 2008).
· cites it 4× “6-1-101, 103; I.C. § 32-33-4-1; Stephens, 745 N.E.2d at 266-67 (awarding pre-judgment interest on hospital lien arising from medical services provided for personal injury); accord Washington County Mem'l Hosp.”
Tankersley v. Parkview Hosp., Inc., 791 N.E.2d 201 (Ind. 2003).
· cites it 4× “The new code referring to Hospital Lien statutes is Ind.Code Ann. §§ 32-33-4-1 through XX-XX-X-X (West 2002).”
Parkview Hosp. v. Thomas E. Frost by Shirley A. Riggs, 52 N.E.3d 804 (Ind. Ct. App. 2016).
· cites it 6× “[8] On May 29, 2014, Frost filed a declaratory judgment action to enforce the patient’s remedy under the Indiana Hospital Lien Act, Indiana Code Annotated section 32-33-4-1, et seq. (West, Westlaw current with P.”
Parkview Hosp., Inc. v. Geico Gen. Ins. Co., 977 N.E.2d 369 (Ind. Ct. App. 2012).
· cites it 2× “) According to Parkview, Geico “settled Smith’s claim” in contravention of Indiana’s Hospital Lien Act, Indiana Code Section 32-33-4-1, et seq. (“the Act”). (App.”
Midtown Chiropractic v. Illinois Farmers Ins. Co., 812 N.E.2d 851 (Ind. Ct. App. 2004).
· cites it 2× “Specifically, Ind.Code § 32-33-4-1 provides in pertinent part that a hospital may hold a lien for the reasonable value of its services "on any judgment for personal injuries rendered in favor of any person .”
Parkview Hosp. Inc. v. Am. Fam. Ins. Co., 151 N.E.3d 1218 (Ind. Ct. App. 2020).
· cites it 4× “Ind. Code § 32-33-4-1 , et seq. However, it is not disputed that the Defiance County Court had subject matter jurisdiction over Willis’s claim for personal injury, to which American Family was a defendant.”
Parkview Hosp., Inc. v. Thomas E. Frost by Shirley A. Riggs, No. 02A03-1507-PL-959 (Ind. Ct. App. Mar. 14, 2016).
· cites it 2× “[8] On May 29, 2014, Frost filed a declaratory judgment action to enforce the patient’s remedy under the Indiana Hospital Lien Act, Indiana Code Annotated section 32-33-4-1, et seq. (West, Westlaw current with P.”
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