La. Rev. Stat. § 9:4754

Any person who, having received notice in accordance with the provisions hereof, pays over any monies subject to the privilege created herein, to any injured person, or to the attorney, heirs, or legal representatives of any injured person, shall be liable to the licensed health care provider, hospital, or ambulance service having such privilege for the amount thereof, not to exceed the net amount paid.

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§4754. Failure to pay over monies after notice

Any person who, having received notice in accordance with the provisions hereof, pays over any monies subject to the privilege created herein, to any injured person, or to the attorney, heirs, or legal representatives of any injured person, shall be liable to the licensed health care provider, hospital, or ambulance service having such privilege for the amount thereof, not to exceed the net amount paid.

Acts 1990, No. 792, §1.

Notes of Decisions

Cited in 8 cases, 1992–2015 · leading case: Yana Anderson v. Ochsner Health System and Ochsner Clinic Foundation

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Yana Anderson v. Ochsner Health System and Ochsner Clinic Foundation (2014) la · cites it 8× “R.S. 9:4754 clearly imposes legal duties and penalties for failure to heed a lien letter.”

Prentiss Baker and Sheryl Wiginton, Individually and on Behalf of All Others Similarly Situated v. Phc-Minden, L.P. D/B/ (2015) la · cites it 4× “‖ Because La. Rev. Stat. § 9:4754 then makes anyone who interferes with the privilege liable for the amount of the privilege, we found a lien 15 in this context operates automatically as a matter of law with legal consequences attaching when the lien is ignored, and thus, its…”

Block v. Bernard, Cassisa, Elliott & Davis (2005) lactapp · cites it 2× “R.S. 9:4754 makes "any person who... pays over any monies subject to the privilege created herein, to any injured person, or to the attorney, heirs, or legal representatives of any injured person" liable to the health care provider whose bill is not paid, and that attorneys…”

Charity Hosp. of Louisiana v. Band (1992) lactapp · cites it 2× “On June 7, 1990 Charity sued Band in First City Court pursuant to R.S. 9:4754 because of Band's failure to satisfy its claim out of the settlement proceeds.”

Irsch v. Argonaut Great Cent. Ins. Co. (2003) lactapp “Under R.S. 9:4754: Any person who, having received notice in accordance with the provisions hereof, pays over any monies subject to the privilege created herein, to any injured person, or to the attorney, heirs, or legal representatives of any injured person, shall be liable to…”

JW McLAIN v. Caddo Parish School Bd. (1992) lactapp “Charity then filed suit against Band under LSA-R.S. 9:4754 due to Band's failure to satisfy Charity's claim out of the settlement proceeds.”

Rollette v. STATE FARM MUT. AUTO. INS. CO. (1993) lactapp “LSA-R.S. 9:4754 provides: Any persons who, having received notice in accordance with the provisions hereof, pays over any monies subject to the privilege created herein, to any injured person, or to the attorney, heirs, or legal representatives of any injured person, shall be…”

Ladieux v. Jefferson Parish Hospital Service District No. 2 (2014) lactapp · cites it 2× “R.S. 9:4754 amounts to “maintaining an action at law” as set forth in La.”

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