Tennessee Code Annotated
Tenn. Code Ann. § 29-22-104 (2026)
Impairment of lien - Damages
✓ current as of May 2026
- (a) No release or satisfaction or any action, suit, claim, counterclaim, demand, judgment, settlement or settlement agreement, or any of them, shall be valid or effectual as against such lien unless the lienholder shall join therein or execute a release of the lien.
- (b)
- (1) Any acceptance of a release or satisfaction of any such cause of action, suit, claim, counterclaim, demand or judgment and any settlement of any of the foregoing in the absence of a release or satisfaction of the lien referred to in this chapter shall prima facie constitute an impairment of such lien, and the lienholder shall be entitled to an action at law for damages on account of such impairment, and in such action may recover from the one accepting such release or satisfaction or making such settlement the reasonable cost of such hospital care, treatment and maintenance.
- (2) Satisfaction of any judgment rendered in favor of the lienholder in any such action shall operate as a satisfaction of the lien.
- (3) Any action by the lienholder shall be brought in the court having jurisdiction of the amount of the lienholder's claim and may be brought and maintained in the county of residence of the lienholder.
Acts 1970, ch. 527, § 4; T.C.A., § 23-3204.
Notes of Decisions
Cited in 7
cases, 2000–2015 · leading case: Shelby Cnty. Health Care Corp. v. Nationwide Mut. Ins. Co., 325 S.W.3d 88 (Tenn. 2010).
Shelby Cnty. Health Care Corp. v. Nationwide Mut. Ins. Co., 325 S.W.3d 88 (Tenn. 2010). “) Finally, section 29-22-104 recognizes the right of recovery for an impairment of the lien: (a) No release or satisfaction or any action, suit, claim, counterclaim, demand, judgment, settlement or settlement agreement, or any of them, shall be valid or effectual as against such…”
Diane West v. Shelby Cnty. Healthcare Corp. d/b/a Reginal Med. Ctr. at Memphis, 459 S.W.3d 33 (Tenn. 2014). “Tenn.Code Ann. § 29-22-104(b)(1) creates a statutory cause of action for damages for the impairment of a hospital lien against one who accepts a release or satisfaction of a claim or who makes a settlement of a claim without first obtaining the release or satisfaction of the…”
Shelby Cnty. Health Care Corp. v. S. Farm Bureau Cas. Ins., 798 F.3d 686 (8th Cir. 2015). “See Tenn.Code Ann. § 29-22-104. The Med argued Southern and Medford impaired its lien because they had notice of the lien but accepted a release of claims and paid a settlement without honoring the lien.”
Shelby Cnty. Health Care Corp., d/b/a Reg'l Med. Ctr. v. John Baumgartner, Elizabeth Baumgartner, a/k/a Daray Baumgartner, Nationwide Mut. Ins. Co., & Hartford Accident & Indem. (Tenn. Ct. App. 2011). “Thus, Nationwide and Hartford argued that, although Section 29-22-104 permits recovery for reasonable hospital costs, under Section 29-22-101(b), in no case could The MED recover more than the amount 5 The made-whole doctrine is the principle that “an insurer cannot assert a…”
Shelby Cnty. Health Care Corp. v. Globe Am. Cas. Co., 638 F. Supp. 2d 882 (W.D. Tenn. 2008). “00), Globe American impaired the Plaintiffs hospital lien and violated Tennessee Code Annotated § 29-22-104. The Plaintiff asserts that, as a result of the impairment of its lien, the Defendant is liable under the *884 statute for the full amount of the hospital bill owed by…”
Shelby Cnty. Health Care Corp. v. Nationwide Mut. Ins. Co. (Tenn. Ct. App. 2009). “The trial court granted summary judgment in favor of Appellant hospital, finding that Appellant had perfected its lien under Tenn. Code Ann. §29-22-101 , and that the Appellee had impaired that lien pursuant to Tenn.”
Martino v. Dyer (Tenn. Ct. App. 2000). “Tenn. Code Ann. § 29-22-104 (b)(1). “[T]he lienholder shall be entitled to an action 1 In his brief, Mr.”
— Tenn. Code Ann. § 29-22-104(b) — 1 case
Shelby Cnty. Health Care Corp., d/b/a Reg'l Med. Ctr. v. John Baumgartner, Elizabeth Baumgartner, a/k/a Daray Baumgartner, Nationwide Mut. Ins. Co., & Hartford Accident & Indem. (Tenn. Ct. App. 2011). “Thus, Nationwide and Hartford argued that, although Section 29-22-104 permits recovery for reasonable hospital costs, under Section 29-22-101(b), in no case could The MED recover more than the amount 5 The made-whole doctrine is the principle that “an insurer cannot assert a…”
— Tenn. Code Ann. § 29-22-104(b)(1) — 5 cases
Shelby Cnty. Health Care Corp. v. Nationwide Mut. Ins. Co., 325 S.W.3d 88 (Tenn. 2010). “) Finally, section 29-22-104 recognizes the right of recovery for an impairment of the lien: (a) No release or satisfaction or any action, suit, claim, counterclaim, demand, judgment, settlement or settlement agreement, or any of them, shall be valid or effectual as against such…”
Diane West v. Shelby Cnty. Healthcare Corp. d/b/a Reginal Med. Ctr. at Memphis, 459 S.W.3d 33 (Tenn. 2014). “Tenn.Code Ann. § 29-22-104(b)(1) creates a statutory cause of action for damages for the impairment of a hospital lien against one who accepts a release or satisfaction of a claim or who makes a settlement of a claim without first obtaining the release or satisfaction of the…”
Shelby Cnty. Health Care Corp., d/b/a Reg'l Med. Ctr. v. John Baumgartner, Elizabeth Baumgartner, a/k/a Daray Baumgartner, Nationwide Mut. Ins. Co., & Hartford Accident & Indem. (Tenn. Ct. App. 2011). “Thus, Nationwide and Hartford argued that, although Section 29-22-104 permits recovery for reasonable hospital costs, under Section 29-22-101(b), in no case could The MED recover more than the amount 5 The made-whole doctrine is the principle that “an insurer cannot assert a…”
Shelby Cnty. Health Care Corp. v. Globe Am. Cas. Co., 638 F. Supp. 2d 882 (W.D. Tenn. 2008). “00), Globe American impaired the Plaintiffs hospital lien and violated Tennessee Code Annotated § 29-22-104. The Plaintiff asserts that, as a result of the impairment of its lien, the Defendant is liable under the *884 statute for the full amount of the hospital bill owed by…”
Shelby Cnty. Health Care Corp. v. Nationwide Mut. Ins. Co. (Tenn. Ct. App. 2009). “The trial court granted summary judgment in favor of Appellant hospital, finding that Appellant had perfected its lien under Tenn. Code Ann. §29-22-101 , and that the Appellee had impaired that lien pursuant to Tenn.”
— Tenn. Code Ann. § 29-22-104(b)(l) — 1 case
Shelby Cnty. Health Care Corp. v. Globe Am. Cas. Co., 638 F. Supp. 2d 882 (W.D. Tenn. 2008). “00), Globe American impaired the Plaintiffs hospital lien and violated Tennessee Code Annotated § 29-22-104. The Plaintiff asserts that, as a result of the impairment of its lien, the Defendant is liable under the *884 statute for the full amount of the hospital bill owed by…”
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