Maine Legislature Maine Revised Statutes
  • Session Law
  • Statutes
  • Maine State Constitution
  • Information
  • §3412-A PDF
  • §3412-A MS-Word
  • Statute Search
  • Ch. 610 Contents
  • Title 10 Contents
  • List of Titles
  • Maine Law & Disclaimer
  • Revisor's Office
  • Maine Legislature
§3412
Title 10: COMMERCE AND TRADE
Part 7: LIENS
Chapter 610: HOSPITAL SERVICES
§3413

§3412-A. Limits on priority of hospital liens

1.  Lien reduction; just and equitable basis.  A hospital lien must be reduced by the patient's proportionate share of the patient's litigation or other recovery costs, including, but not limited to, reasonable attorney's fees. A hospital lien must be satisfied not on the basis of a priority lien but on a just and equitable basis, which means that any factors that diminish the potential value of the patient's claim against which the lien is asserted must likewise reduce the share in the claim by the hospital for reimbursement for services provided. Such factors include, but are not limited to:  
A. Questions of liability and comparative negligence or other legal defenses;   [PL 2019, c. 270, §1 (NEW).]
B. Exigencies of trial that reduce a settlement or award in order to resolve the claim; and   [PL 2019, c. 270, §1 (NEW).]
C. Limits on the amount of applicable insurance coverage that reduce the claim to an amount recoverable by the insured.   [PL 2019, c. 270, §1 (NEW).]
[PL 2019, c. 270, §1 (NEW).]
2.  Dispute resolution.  In the event of a dispute as to the application of this section or the amount available for payment to those claiming payment for services or reimbursement, that dispute must be determined, if the action is pending, before the court in which it is pending; or if no action is pending, by filing an action in any court for determination of the dispute.  
[PL 2019, c. 270, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 270, §1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public.
If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes · 7 State House Station · State House Room 108 · Augusta, Maine 04333-0007
Data for this page extracted on 1/07/2025 11:10:17.
Maine Government
Legislature • Executive • Judicial • Agency Rules
Visit the State House
Tour Guide • Accessibility • Security Screening • Directions & Parking
Email
Office of the Revisor of Statutes