Title 44 — LIENS
16 chapters · 214 sections in this title.
SDCL § 44-12-1 Hospital lien upon personal injury damages recovered by injured party
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Subject to § 44-12-3.1 , a person, association, limited liability company, corporation, county, or other institution, including a municipal corporation, maintaining a hospital licensed under the laws of this state that furnishes hospitalization or other service of any other natur…
SDCL § 44-12-2 Contract between injured party and attorney not prejudiced by hospital lien
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The lien granted by § 44-12-1 shall not in any way prejudice or interfere with any lien or contract which may be made by such injured party or his heirs or personal representative with any attorney or attorneys for handling the claim on behalf of such injured party, his heirs, or…
SDCL § 44-12-3 Lien not applicable when event covered by Workers' Compensation Act
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The lien set forth in § 44-12-1 shall not be applied or considered valid against anyone coming under the Workers' Compensation Act in this state. Source: SL 1964, ch 112 , § 1.
SDCL § 44-12-3.1 Hospital to submit reasonable and necessary charges to third-party payor of healthcare benefits
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If the hospital receives notification regarding the availability of a third-party payor of healthcare benefits for the injured person, the hospital shall, before filing a lien under § 44-12-4 , submit to the payor for payment any reasonable and necessary charges for the treatment…
SDCL § 44-12-4 Filing and notice of hospital lien--Contents of notice--Place and time of filing
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No such lien may be effective, however, unless a written notice containing the name and address of the injured party, the date of occurrence of the injury, the name and location of the hospital, and the name of the person, firm, limited liability company, or corporation alleged t…
SDCL § 44-12-5 Hospital lien docket--Maintenance by register of deeds--Entries, content--Indexing--Fee for filing claim
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Each register of deeds shall provide a suitable, well - bound book to be called the hospital lien docket in which, upon the filing of any lien claim under the provisions of this chapter, the register of deeds shall enter the name and address of the injured person, the name of the…
SDCL § 44-12-6 Notice of hospital lien--Copy mailed to persons liable for injury--Time of mailing
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The hospital shall also mail, postage prepaid, a copy of the notice required by § 44-12-4 with a statement of the date of filing of the notice to the person, firm, limited liability company, or corporation alleged to be liable to the injured party for the injury sustained before …
SDCL § 44-12-7 Notice of hospital lien--Copy mailed to insurance carrier by hospital--Disclosure of name of carrier
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Such hospital shall mail a copy of such notice to any insurance carrier which has insured such person, firm, or corporation against such liability. Such person, firm, or corporation alleged to be liable to the injured person shall, upon request of the hospital, disclose the name …
SDCL § 44-12-8 Persons liable for payment of hospital lien
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Any person making any payment to such injured party or to the injured party's attorney, heir, or legal representative as compensation for the injury sustained, after the filing and mailing of the notice, without paying to the hospital the amount of its lien or so much thereof as …
SDCL § 44-12-9 Examination of hospital records by persons liable for lien
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Any person, firm, or corporation legally liable for such lien or against whom a claim shall be asserted for compensation for such injury, shall be permitted after waiver or expiration of any privilege granted the injured party under the provisions of § 19-2-3 or any other statute…