K.S.A. » Chapter 65
Kansas Statutes Annotated

K.S.A. § 65-407 (2026)

Same; notices and statement of claims; requirements

✓ current as of May 2026
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65-407. Same; notices and statement of claims; requirements. No such lien shall be effective unless a written notice setting forth the amount of all of the hospital's claims, the name of the injured person, the date of the accident and the name and location of the hospital shall be filed in the office of the clerk of the district court of the county in which such hospital is located, prior to the payment of any moneys to such injured person, such person's attorneys or legal representatives, as compensation for such injuries. Such hospital shall also send, by registered or certified mail, a copy of such notice to such patient upon whom emergency medical or other service has been performed, if the address of such patient shall be known to the hospital or can with reasonable diligence be ascertained.

History: L. 1939, ch. 235, § 2; L. 1957, ch. 336, § 2; L. 2014, ch. 52, § 1; July 1.

CASE ANNOTATIONS

1. Strict compliance with the statutory requirements, not substantial compliance, is required to enforce a lien. Via Christi Regional Med. Center, Inc. v. Reed, 298 Kan. 503, 314 P.3d 852 (2013).


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Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 1997–2022 · leading case: Via Christi Reg'l Med. Ctr., Inc. v. Reed, 314 P.3d 852 (Kan. 2013).
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Via Christi Reg'l Med. Ctr., Inc. v. Reed, 314 P.3d 852 (Kan. 2013). · cites it 11× “Reed filed a motion for partial summary judgment in his favor on Via Christi’s lien, arguing that the lien was ineffective because Via Christi failed to comply with K.S.A. 65-407 by identifying and giving notice to Union Pacific as “a corporation alleged to be liable to Reed for…”
Via Christi Reg'l Med. Ctr., Inc. v. Reed, 247 P.3d 1064 (Kan. Ct. App. 2011). · cites it 6× “K.S.A. 65-407 lists the requirements to have an effective lien, and Via Christi admits that it did not comply with two of the statute’s requirements: naming Union Pacific as the liable third parly in the Men and sending Union Pacific notice of the lien by certified or registered…”
Kearny Cnty. Hosp. v. Allstate Ins., 170 P.3d 900 (Kan. Ct. App. 2007). “In order for a hen to be effective under K.S.A. 65-407, a hospital must file its hen statement with the clerk of the district court in the hospital’s county and send a copy of the hen statement to those parties alleged to be liable to the patient, those parties’ liability…”
Farm Bureau Mut. Ins. Co., Inc. v. Harmon, 981 F. Supp. 1391 (D. Kan. 1997). · cites it 3× “K.S.A § 65-407 provides that, to make the lien effective, a hospital must, before payment of the amount recovered, file a notice of the hen with the clerk of the district court in the hospital’s county and send a copy of that notice to those parties alleged hable, those parties’…”
Tyner v. Probasco Law, P.A. (D. Kan. 2022). · cites it 4× “But as noted above, Plaintiff has provided little evidence that an animating purpose of the notice was to induce him to pay his debt to the Hospital.”
Moore v. Allstate Fire & Cas. Ins. Co. (D. Kan. 2022). “§ 65-407. 4 Id. 5 Id. § 65-406(b). 6 Id. § 65-406(c).”
Moore v. Allstate Fire & Cas. Ins. Co. (D. Kan. 2022). “§ 65-407. 4 Id. 5 Id. § 65-406(b). 6 Id. § 65-406(c).”
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