430.240. Notice to be given. — No such lien shall be effective, however, unless a written notice containing the name and address of the injured person, the date of the accident, the name and location of the hospital and the name of the person or persons, firm or firms, corporation or corporations alleged to be liable to the injured party for the injuries received shall be sent by certified mail with return receipt requested to the person or persons, firm or firms, corporation or corporations, if known, alleged to be liable to the injured party, if known, for the injuries sustained prior to the payment of any moneys to such injured person, his attorneys or legal representative, as compensation for such injuries. Such hospital shall send by certified mail with return receipt requested a copy of such notice to any insurance carrier, if known, which has insured such person, firm or corporation against such liability.
Notes of Decisions
Truman Med. Ctr., Inc. v. Am. Stand. Ins. Co. Charles Fanning, 508 S.W.3d 122 (Mo. Ct. App. 2017).
· cites it 33× “American Standard argues that the court erred in granting a judgment enforcing the lien because the lien was not a valid and enforceable lien under Section 430.240, RSMo Cum. Supp. 2013, because the lien notice failed to include the name of the person alleged to be liable to the…”
Truman Med. Centers, Inc. v. John E. McKay, 505 S.W.3d 799 (Mo. Ct. App. 2016).
· cites it 16× “1 The court dismissed the petition on the grounds that, pursuant to Section 430.240, Truman Medical’s lien notice was ineffective because the name of the person liable to the injured party was not provided in the lien notice and because medical liens do not apply to the injured…”
Am. Fam. Mut. Ins. Co. v. Ward, 774 S.W.2d 135 (Mo. 1989).
· cites it 4× “250 provides: 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 receipt of such notice in…”
Skaggs Chiropractic, L.L.C. v. Ford, 564 S.W.3d 633 (Mo. Ct. App. 2018).
· cites it 4× “other institution giving notice of its lien, as [provided in section 430.240 3 ] shall share in up to fifty percent of the net proceeds due the patient, in the proportion that each claim bears to the total amount of all other liens of .”
Schoedinger v. Beck, 557 S.W.3d 531 (Mo. Ct. App. 2018).
· cites it 2× “For a lien to be effective, § 430.240 mandates that "a written notice .”
Stefl v. Guyette, 886 F. Supp. 693 (E.D. Mo. 1995).
· cites it 2× “as compensation for the injury sustained, after the receipt of such notice in accordance with the requirements of section 430.240, without paying to such hospital the amount of its lien or so much thereof as can be satisfied out of fifty percent of the moneys due to such patient…”
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