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

K.S.A. § 65-408 (2026)

Same; persons liable to hospital; limitation of actions

✓ current as of May 2026
Find cases: SyfertCases citing this section KS-LEGkslegislature.org JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

65-408. Same; persons liable to hospital; limitation of actions. Any person or persons, firm or firms, corporation or corporations, including an insurance carrier, making any payment to such patient or to his attorneys or heirs or legal representatives as compensation for the injury sustained, after the filing and mailing of such notice without paying to such hospital the amount of its lien or so much thereof as can be satisfied out of the moneys due under any final judgment or compromise or settlement agreement, after paying the amount of any prior liens, shall, for a period of one year from the date of payment to such patient or his heirs, attorneys or legal representatives, as aforesaid; be and remain liable to such hospital for the amount which such hospital was entitled to receive as aforesaid; any such association, corporation or other institution maintaining such hospital may, within such period, enforce its lien by a suit at law against such person or persons, firm or firms, corporation or corporations making any such payment.

History: L. 1939, ch. 235, § 3; June 30.

CASE ANNOTATIONS

1. Attorney fees cannot be deducted from hospital lien when there are sufficient funds to satisfy both. Harlow v. Lloyd, 15 Kan. App. 2d 497, 498, 503, 809 P.2d 1228 (1991).

2. Payment by auto insurer subject to hospital's lien on recovery by injured patient; counterclaim unnecessary to protect lien. Farm Bureau Mut. Ins. Co., Inc. v. Harmon, 981 F. Supp. 1391, 1393 (1997).

3. Section imposes duty on insurance carriers to assure hospital liens satisfied when carrier compensates injured party. Kearny Co. Hospital v. Allstate Ins. Co., 38 Kan. App. 2d 641, 642, 643, 644, 648, 650, 653, 654, 170 P.3d 900 (2007).

4. Despite noncompliance with the notice requirements, hospital has enforceable lien. Via Christi Regional Med. Center, Inc. v. Reed, 45 Kan. App. 2d 356, 247 P.3d 1067 (2011).


Previous | Next

www.ksrevisor.gov 2026
Notes of Decisions
Cited in 5 cases, 1991–2013 · leading case: Kearny Cnty. Hosp. v. Allstate Ins., 170 P.3d 900 (Kan. Ct. App. 2007).
Sort: Relevance Newest Treatment
Kearny Cnty. Hosp. v. Allstate Ins., 170 P.3d 900 (Kan. Ct. App. 2007). · cites it 38× “(Allstate) under K.S.A. 65-408 after learning that Allstate, in an interpleader action, compensated the appellees’ patients for their injuries without paying the appellees’ hospital hens.”
Via Christi Reg'l Med. Ctr., Inc. v. Reed, 247 P.3d 1064 (Kan. Ct. App. 2011). · cites it 3× “Under K.S.A. 65-408, the hospital can hold a third party liable for the hen amount if the third party distributes the proceeds to the patient without satisfying the hospital’s hen.”
Via Christi Reg'l Med. Ctr., Inc. v. Reed, 314 P.3d 852 (Kan. 2013). ““K.S.A. 65-408 provides that anyone who makes ‘any payment to such [injured] patient.”
Harlow v. Lloyd, 809 P.2d 1228 (Kan. Ct. App. 1991). “maintenance of such patient in such hospital up to the date of payment of such damages; Provided, however, That this lien shall not in any way prejudice or interfere with any lien or contract which may be made by such patient or his heirs or personal representatives with any…”
Farm Bureau Mut. Ins. Co., Inc. v. Harmon, 981 F. Supp. 1391 (D. Kan. 1997). · cites it 3× “K.S.A. 65-408 provides that if a party, including an insurance carrier, makes a payment to a patient without paying the hospital hen, the hospital may enforce the hen by bringing suit against the party within one year of the payment.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.