190.250. Ambulance services to have same statutory lien rights as hospitals--recovery of lien, net proceeds to be shared with patient, when--release of claimant from liability, when.
Ambulance services to have same statutory lien rights ashospitals--recovery of lien, net proceeds to be shared withpatient, when--release of claimant from liability, when.
190.250. 1. As used in this section, the following terms mean:
(1) "Claim", a claim of a patient for:
(a) Damages from a tort-feasor; or
(b) Benefits from an insurance carrier;
(2) "Insurance carrier", any person, firm, corporation, associationor aggregation of persons conducting an insurance business pursuant tochapter 375, 376, 377, 378, 379, 380, 381, or 383, RSMo;
(3) "Patient", any person to whom an ambulance service deliverstreatment, care, or transportation for sickness or injury caused by atort-feasor from whom such person seeks damages or any insurance carrierwhich has insured such tort-feasor.
2. Ambulance services shall have the same rights granted to hospitalsin sections 430.230 to 430.250, RSMo.
3. If the liens of such ambulance services or hospitals exceed fiftypercent of the amount due the patient, every ambulance service or hospitalgiving notice of its lien, as aforesaid, shall share in up to fifty percentof the net proceeds due the patient, in the proportion that each claimbears to the total amount of all other liens of ambulance services orhospitals. "Net proceeds", as used in this section, means the amountremaining after the payment of contractual attorney fees, if any, and otherexpenses of recovery.
4. In administering the lien of the ambulance service, the insurancecarrier may pay the amount due secured by the lien of the ambulance servicedirectly, if the claimant authorizes it and does not challenge the amountof the customary charges or that the treatment provided was for injuriescaused by the tort-feasor.
5. Any ambulance service electing to receive benefits hereunderreleases the claimant from further liability on the cost of the servicesand treatment provided to that point in time.
(L. 2002 S.B. 1107 § 1)