The Vermont Statutes Online
The Vermont Statutes Online have been updated to include the actions of the 2023 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Title 18 : Health
Chapter 051 : Lien for Services Rendered Accident Victims
(Cite as: 18 V.S.A. § 2251)-
[Section 2251 effective until January 1, 2024; see also section 2251 effective January 1, 2024 set out below.]
§ 2251. Lien established [Effective until January 1, 2024]
A hospital in Vermont, as defined in section 1801 of this title, furnishing medical or other service, including charges of private duty nurses, to a patient injured by reason of an accident not covered by the Workers’ Compensation Act, 21 V.S.A. § 601 et seq., shall have a lien upon any recovery for damages to be received by the patient, or by his or her heirs or personal representatives in the case of his or her death, whether by judgment or by settlement or compromise after the date of the services. This lien shall not attach to one-third of the recovery or $500.00, whichever shall be the lesser, and in addition the lien shall be subordinate to an attorney’s lien. (Added 1963, No. 209, § 1, eff. Oct. 1, 1963; amended 1981, No. 165 (Adj. Sess.), § 1.)
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[Section 2251 effective January 1, 2024; see also section 2251 effective until January 1, 2024 set out above.]
§ 2251. Lien established [Effective January 1, 2024]
(a) Except as otherwise provided in this section, a hospital in Vermont, as defined in section 1801 of this title, furnishing medical or other service, including charges of private duty nurses, to a patient injured by reason of an accident not covered by the Workers’ Compensation Act, 21 V.S.A. chapter 9, may file a lien upon any recovery for damages to be received by the patient, or by the patient’s heirs or personal representatives in the case of the patient’s death, whether by judgment or by settlement or compromise after the date of the services.
(b)(1) Notwithstanding subsection (a) of this section, a hospital shall not have a lien under this chapter if the patient has health insurance, including coverage under Medicare, Medicaid, or a health plan issued by a health insurer, as defined in section 9402 of this title, and the patient, or the patient’s heirs or personal representatives in the case of the patient’s death, provides the hospital with proof of health insurance not later than 90 days after the patient’s discharge from or death at the hospital.
(2) Notwithstanding subdivision (1) of this subsection, a hospital may file a lien pursuant to subsection (a) of this section for any amount owed to the hospital for the patient’s deductible or coinsurance, or both, under the health insurance plan for the medical or other services furnished by the hospital by filing notice of a lien at least 120 days after the hospital billed the patient’s health insurance plan for the amount owed to the hospital for services furnished to the patient.
(3) The patient’s health insurance plan shall not deny payment for services furnished by the hospital to the patient on the basis that some or all of the patient’s medical costs may be covered by a property and casualty insurance plan, unless such denial is required or expressly permitted by State or federal law.
(c)(1) A hospital that recovers under this chapter shall be responsible for a pro rata share of the legal and administrative expenses incurred in obtaining the judgment, settlement, or compromise.
(2) In no event shall the hospital lien exceed one-third of the net judgment, settlement, or compromise received by the injured patient. (Added 1963, No. 209, § 1, eff. Oct. 1, 1963; amended 1981, No. 165 (Adj. Sess.), § 1; 2023, No. 51, § 7, eff. January 1, 2024.)
