Statutory Liens

ORS 87.565
Notice of lien required

(1)

In order to perfect a lien under ORS 87.555 (Hospitals, physicians, physician assistants and nurse practitioners as lien claimants) (1), a hospital, an owner or operator of a hospital, a physician, a physician assistant or a nurse practitioner shall:

(a)

Not later than 30 days after the discharge of the patient from the hospital, file a notice of lien substantially in the form prescribed in ORS 87.570 (Form of notice), containing a statement of the amount claimed, with the recording officer of the county wherein such hospital is located; and

(b)

Prior to the date of judgment, award, settlement or compromise, serve a certified copy of the notice of lien by registered or certified mail upon:

(A)

The person alleged to be responsible for causing the injury and from whom damages are or may be claimed or to the last-known address of the person; or

(B)

The insurance carrier that has insured the person alleged to be responsible, if such insurance carrier is known.

(2)

In order to perfect a lien under ORS 87.555 (Hospitals, physicians, physician assistants and nurse practitioners as lien claimants) (2), a hospital, an owner or operator of a hospital, a physician, a physician assistant or a nurse practitioner shall:

(a)

Not later than 30 days after the discharge of the patient from the hospital, file a notice of lien substantially in the form prescribed in ORS 87.570 (Form of notice), containing a statement of the amount claimed, with the recording officer of the county wherein such hospital is located; and

(b)

Serve a certified copy of the notice of lien by certified mail upon the insurance company that is obligated to make payment for hospitalization and medical services. [Amended by 1979 c.123 §1; 1989 c.727 §3; 1991 c.249 §7; 1995 c.100 §1; 1999 c.146 §3; 2014 c.45 §7]

Notes of Decisions

Time requirement for filing notice of lien under this section is not jurisdictional, so as to render a lien void for failure to comply with such time requirement. Rogue Valley Memorial Hosp. v. Salem Ins. Agency, 265 Or 603, 510 P2d 845 (1973)

Source

Last accessed
Mar. 11, 2023

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