Hospitals, physicians, physician assistants and nurse practitioners as lien claimants
(1) Except as otherwise provided by law, whenever any person receives hospitalization or medical treatment on account of any injury, and the person, or the personal representative of the person after the death of the person, claims damages from the person causing the injury, then the hospital or any physician licensed under ORS chapter 677, physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) or nurse practitioner licensed under ORS 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs) who treats the injured person in the hospital or who provides medical services shall have a lien upon any sum awarded the injured person or the personal representative of the person by judgment or award or obtained by a settlement or compromise to the extent of the amount due the hospital and the physician, physician assistant or nurse practitioner for the reasonable value of such medical treatment rendered prior to the date of judgment, award, settlement or compromise. However, no such lien shall be valid against anyone coming under the Workers Compensation Act.
(2) When the injured person receiving hospitalization or medical care from a physician, physician assistant or nurse practitioner is the beneficiary of an insurance policy, including a policy that provides personal injury protection coverage or similar no-fault medical insurance but excluding a health insurance policy, that provides for payment of such hospitalization and medical care, both the hospital and physician, physician assistant or nurse practitioner shall have liens upon the amount payable under the insurance policy. If a hospital or physician, physician assistant or nurse practitioner has properly perfected a lien pursuant to ORS 87.565 (Notice of lien required) (2), the insurer obligated to make payment shall pay the sum due under the insurance policy directly to the hospital and physician, physician assistant or nurse practitioner in the amount due each for services rendered, and such payment shall constitute a release of the insurer making the payment to the extent of the payment.
(3) When there are insufficient funds to satisfy in full the liens of all hospitals, physicians, physician assistants and nurse practitioners claiming a lien created by this section, the insurer making the payment shall prorate the available funds without regard to the sequence of the filing of the notice of lien by the hospitals, physicians, physician assistants or nurse practitioners and pay the hospitals, physicians, physician assistants or nurse practitioners in proportion to the amount due each for services rendered. [Amended by 1989 c.727 §1; 1999 c.146 §1; 2014 c.45 §5]
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