Exception. A. Every hospital in this state, which shall furnish emergency medical or other service to any patient injured by reason of an accident not covered by the Workers' Compensation Code, shall, if such injured party shall assert or maintain a claim against another for damages on account of such injuries, have a lien upon any recovery or sum had or collected or to be collected by such patient, or by his or her heirs, personal representatives or next of kin in the case of his or her death, whether by judgment or by settlement or compromise to the amount of the reasonable and necessary charges of such hospital for the treatment, care and maintenance of such patient in such hospital up to the date of payment of such damages. Provided, however, the lien shall be inferior to any lien or claim of any attorney or attorneys for handling the claim on behalf of such patient, his or her heirs or personal representatives; provided, further, that the lien herein set forth shall not be applied or considered valid against any claim for amounts due under the Workers' Compensation Code in this state. B. In addition to the lien provided for in subsection A of this section, every hospital in this state, which shall furnish emergency medical or other service to any patient injured by reason of an accident not covered by the Workers' Compensation Code, shall have, if the injured person asserts or maintains a claim against an insurer, a lien for the amount due for the emergency medical or other service upon any monies payable by the insurer to the injured person. Provided, however, the lien shall be inferior to any lien or claim of any attorney or attorneys for handling the claim on behalf of such patient, his or her heirs or personal representatives; provided, further, that the lien herein set forth shall not be applied or considered valid against any claim for amounts due under the Workers' Compensation Code in this state.
C. This section shall apply, in medically referred cases, to a medical diagnostic imaging facility not affiliated with a hospital that provides diagnostic imaging that includes, but is not limited to, modalities such as Magnetic Resonance Imaging (MRI), Computed Tomography (CT) and Positron Emission Tomography (PET). Added by Laws 1969, c. 231, § 1, emerg. eff. April 21, 1969. Amended by Laws 2008, c. 190, § 1, eff. Nov. 1, 2008; Laws 2012, c. 146, § 1, eff. Nov. 1, 2012.
Notes of Decisions
Broadway Clinic v. Liberty Mut. Ins. Co., 2006 OK 29 (Okla. 2006).
· cites it 10× “Kratz, [6] which held that a 42 O.S.2001 § 43 hospital lien does not attach to UM indemnity, as well as two decisions of our intermediate appellate courts holding that an employer's or workers compensation carrier's statutory right to subrogation does not extend to UM benefits.”
Thomas v. Oklahoma Orthopedic & Arthritis Found. Inc., 903 P.2d 279 (Okla. 1995).
· cites it 16× “KAUGER, Vice Chief Justice: The question presented is whether the hospital has a valid statutory lien under 42 O.S.1991 § 43 1 against the proceeds of the employee’s third-party personal injury suit.”
Kratz v. Kratz, 905 P.2d 753 (Okla. 1995).
· cites it 5× “Title 42 O.S.1991 § 43 provides that a hospital which furnishes medical care to a peiv son injured in an accident shall have a lien for the amount of its charges on the proceeds of the patient’s recovery from a claim asserted “against another for damages” suffered.”
Blankenbaker v. Jonovich, 71 P.3d 910 (Ariz. 2003).
“patient”), and Okla. Stat. tit. 42, § 43 (2001) (lien on "any recovery or sum had or collected or to be collected by .”
Farmers Ins. Co. v. Vanwinkle, 2018 OK CIV APP 40 (Okla. Civ. App. 2018).
· cites it 6× “We find that the public policy of Oklahoma expressed in 42 O.S. § 43 is properly served by giving comity to the Texas lien in this case.”
St. John Med. Ctr., Inc. v. Innis (In Re Innis), 181 B.R. 548 (Bankr. N.D. Okla 1995).
· cites it 4× “” The notice was recorded in the Office of the County Clerk of Tulsa County on February 17,1994, pursuant to 42 O.S. §§ 43^14. See stips. ¶ 6 and ex. A.”
Richard v. Ou Physicians, 2005 OK CIV APP 108 (Okla. Civ. App. 2005).
· cites it 2× “[3] Focusing on the language "claim against another for damages" as the asset against which the lien could be asserted, the Court ruled that proceeds of an uninsured or underinsured motorist insurance policy, which the Court characterized as a contractual recovery, were not…”
In Re Woodward, 229 B.R. 468 (Bankr. N.D. Okla 1999).
“” See Okla. Stat. tit. 42, §§ 43 and 46A (West 1991 & Supp.”
Cooper v. Old Dominion Freight Line, Inc., 781 F. Supp. 2d 1177 (D. Kan. 2011).
· cites it 3× “Plaintiff responds that five creditors timely submitted claims to the Estate and eight other creditors timely filed liens with the Tulsa County Clerk pursuant to Okla. Stat. tit. 42, §§ 43 , 46, or 49. Defendants reply that these claims are invalid because there is no evidence…”
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