430.250. Liability for failure to pay hospital. — 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 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 under any final judgment or compromise or settlement agreement after paying the amount of attorneys' liens, federal and Missouri workers' compensation liens, and any prior liens, shall have a period of one year, after such settlement is made known to the hospital, 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, and 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.
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 15× “(Truman Medical) on Truman Medical’s First Amended Petition to Enforce Hospital’s Lien Pursuant to Section 430.250, RSMo. 2000. 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…”
Truman Med. Centers, Inc. v. John E. McKay, 505 S.W.3d 799 (Mo. Ct. App. 2016).
· cites it 28× “(Truman Medical) appeals the circuit court’s judgment dismissing its Petition against John McKay which alleged that McKay made payments to Stephanie Jo Middleton as compensation for an injury without first paying Truman Medical for services rendered to Middleton pursuant to…”
Am. Fam. Mut. Ins. Co. v. Ward, 774 S.W.2d 135 (Mo. 1989).
· cites it 16× “Section 430.250 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…”
Kelly v. Marvin's Midtown Chiropractic, LLC, 351 S.W.3d 833 (Mo. Ct. App. 2011).
· cites it 8× “230 already covers "clinics" and "other institutions" but section 430.250 does not. The latter section gives hospitals (but not clinics or other institutions) the right to recover from law firms, insurance carriers, or other persons who have (1) received notice of a valid lien;…”
Frankum v. Hensley, 884 S.W.2d 688 (Mo. Ct. App. 1994).
· cites it 2× “” Because Frankum was hospitalized at Medical Center only seven days, yet Medical Center nonetheless claimed a hen on half the money due Frankum (see § 430.250, RSMo 1986), we assume Medical Center sought to invoke § 430.”
Bamberger v. Freeman, 299 S.W.3d 684 (Mo. Ct. App. 2009).
· cites it 6× “Statutory Right to Enforce Hospital Lien Pursuant to section 430.250, the hospital has the right to enforce its liens by providing that any person(s), firm(s), or corporation(s), including an insurance carrier, making a payment to the patient, his attorneys, or his heirs or…”
Stefl v. Guyette, 886 F. Supp. 693 (E.D. Mo. 1995).
“Anthony’s liens are limited to one-half the insurance proceeds after the attorneys’ fees are paid 2 from that half, pursuant to Missouri Revised Statutes § 430.250 (1994). That statute provides in pertinent part: *699 Any person .”
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