Hospital Liens vs. Health Plan Claims in North Dakota

By the FigureMyTax Editorial Team · How we calculate

A North Dakota hospital has a lien for the reasonable value of hospitalization on your claims, your settlement, the tortfeasor's liability insurance and any insurance payable to you. It requires a notice of intention and a verified lien statement filed within 30 days after services end, and a payer who ignores it stays liable.

The lien

N.D.C.C. 35-18-01 gives any charitable association, corporation or other institution maintaining a hospital in the state a lien for the reasonable value of hospitalization services to a person injured in any accident. It attaches to claims and judgments against those liable in tort, to settlement proceeds, to the tortfeasor's liability insurance and to any insurance or indemnity payable to the injured person by any insurer.

Perfecting it

A notice of intention to file must be served on the person claimed to be liable by registered or certified mail or by personal service (35-18-02). The hospital must file a verified, itemized lien statement with the clerk of the district court of the county where services were rendered not later than 30 days after the services were rendered and terminated (35-18-03).

Payer liability

From filing, the lien is constructive notice, no release by the injured person is effective against it, and anyone who pays you in settlement stays liable to the hospital for the reasonable charges due, up to the full amount paid (35-18-05). The hospital may sue the tortfeasor, its insurer or your insurer (35-18-06). If you have a hospitalization indemnity contract, the hospital has a lien on that payment (35-18-08).

What we did not find

We found no percentage cap on the lien and no provision that puts your attorney's fees ahead of it. The calculator takes it after fees and costs, which a hospital may dispute.

How an insurer's claim differs

A health plan's claim is not a hospital lien; see our post on health plan reimbursement. Medicaid and Medicare follow their own rules; see the Medicare and Medicaid post. Enter each claim in the North Dakota medical lien calculator.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how North Dakota's rules apply to your specific case with a licensed North Dakota attorney.