2009 California Civil Code - Section 3045.1-3045.6 :: Chapter 4. Hospital Liens

3045.1.  Every person, partnership, association, corporation, public
entity, or other institution or body maintaining a hospital licensed
under the laws of this state which furnishes emergency and ongoing
medical or other services to any person injured by reason of an
accident or negligent or other wrongful act not covered by Division 4
(commencing with Section 3201) or Division 4.5 (commencing with
Section 6100) of the Labor Code, shall, if the person has a claim
against another for damages on account of his or her injuries, have a
lien upon the damages recovered, or to be recovered, by the person,
or by his or her heirs or personal representative in case of his or
her death to the extent of the amount of the reasonable and necessary
charges of the hospital and any hospital affiliated health facility,
as defined in Section 1250 of the Health and Safety Code, in which
services are provided for the treatment, care, and maintenance of the
person in the hospital or health facility affiliated with the
hospital resulting from that accident or negligent or other wrongful
act.

3045.2.  The lien shall apply whether the damages are recovered, or
are to be recovered, by judgment, settlement, or compromise.

3045.3.  A lien shall not be effective, however, unless a written
notice containing the name and address of the injured person, the
date of the accident, the name and location of the hospital, the
amount claimed as reasonable and necessary charges, and the name of
each person, firm, or corporation known to the hospital and alleged
to be liable to the injured person for the injuries received, is
delivered or is mailed by registered mail, return receipt requested,
postage prepaid, to each person, firm, or corporation known to the
hospital and alleged to be liable to the injured person for the
injuries sustained prior to the payment of any moneys to the injured
person, his attorney, or legal representative as compensation for the
injuries.
   The hospital shall, also, deliver or mail by registered mail,
return receipt requested, postage prepaid, a copy of the notice to
any insurance carrier known to the hospital which has insured the
person, firm, or corporation alleged to be liable to the injured
person against the liability. The person, firm, or corporation
alleged to be liable to the injured person shall, upon request of the
hospital, disclose to the hospital the name of the insurance carrier
which has insured it against the liability.

3045.4.  Any person, firm, or corporation, including, but not
limited to, an insurance carrier, making any payment to the injured
person, or to his or her attorney, heirs, or legal representative,
for the injuries he or she sustained, after the receipt of the notice
as provided by Section 3045.3, without paying to the association,
corporation, public entity, or other institution or body maintaining
the hospital the amount of its lien claimed in the notice, or so much
thereof as can be satisfied out of 50 percent of the moneys due
under any final judgment, compromise, or settlement agreement after
paying any prior liens shall be liable to the person, partnership,
association, corporation, public entity, or other institution or body
maintaining the hospital for the amount of its lien claimed in the
notice which the hospital was entitled to receive as payment for the
medical care and services rendered to the injured person.

3045.5.  The person, partnership, association, corporation or other
institution or body maintaining the hospital may, at any time within
one year after the date of the payment to the injured person, or to
his heirs, attorney, or legal representative, enforce its lien by
filing an action at law against the person, firm, or corporation
making the payment and to whom such notice was given as herein
provided.

3045.6.  The provisions of this chapter shall not apply to any claim
or cause of action against a common carrier subject to the
jurisdiction of the Public Utilities Commission or the Interstate
Commerce Commission.