§ 189. Liens of hospitals. 1. Every corporation incorporated under
general law or special act as a charitable institution maintaining a
hospital in the state supported in whole or in part by charity, the
state university of New York and every county, city, town or village
operating and maintaining a hospital shall to the extent hereinafter
provided have a lien upon any and all rights of action, suits, claims,
counterclaims or demands, of any nature whatsoever, of any person
receiving emergency treatment or admitted to any such hospital and
receiving treatment, care and maintenance therein, on account of any
personal injuries received within a period of one week prior to
receiving emergency treatment or admission to the hospital and as the
result of the negligence, wrongful act or any other tort, of any other
person or persons or corporation, which any such injured person or the
legal representative of such injured person, in case of death as the
result of such injuries, may or shall have, assert or maintain against
any such other person or corporation for damages on account of such
injuries, for the amount of the reasonable charges of such hospital, for
the treatment, care and maintenance of such injured person at cost rates
in such hospital. If such injured person received emergency treatment or
was admitted to the hospital on account of personal injuries received
within a week prior to such treatment or admission, the state university
or any such corporation or such municipal corporation maintaining a
hospital to which such person may be transferred for subsequent
treatment of the same injuries shall also have a lien as provided herein
although such transfer may occur during or after a week from the time
when such injuries were received. No such lien shall 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 and the name of the person or persons, firm or firms,
corporation or corporations alleged to be liable to the injured party
for the injuries received, shall prior to the payment of any moneys to
such injured person, his attorneys, or legal representatives as
compensation for such injuries be mailed, registered or certified and
postage prepaid, to the person or persons, firm or firms, corporation or
corporations, alleged to be liable to the injured party for the injuries
sustained prior to the payment to such injured person, his attorneys or
legal representatives, as compensation for such injuries. Such hospital
shall mail a copy of such notice to any insurance carrier which has
insured such person, firm or corporation against such liability. Such
mailing shall be deemed to be effective notwithstanding any inaccuracy
or omission therein if the information contained therein shall be
sufficient to enable the person or persons or corporation alleged to be
liable, by the exercise of reasonable diligence, to identify the injured
person, the occurrence upon which the claim for damages is based and the
name and address of the hospital asserting the lien. Any hospital
claiming a lien hereunder shall, in addition to the foregoing, file in
the office of the county clerk of the county in which the hospital is
located and mail to the persons and in the manner above provided, after
the discharge of any injured person, an additional notice of lien, duly
verified, which shall show the total hospital charges which have accrued
and no lien hereunder shall exceed this amount.

2. (a) Subject to the provisions of paragraph (b) hereof the lien of
any such hospital shall attach: (i) To any verdict, decision, decree,
judgment or final order made or rendered in any suit, action or
proceeding of any nature whatsoever, brought in any court of this state,
by such injured person, or the legal representative of such injured
person in case of death as the result of such injuries, against any
other person or persons or corporation for the recovery of damages or
compensation on account of such injuries or for the death of such person
resulting therefrom, as well as to the proceeds of any settlement of any
such verdict, decision, decree, judgment or final order made or rendered
in any such suit, action or proceeding.

(ii) To the proceeds of the settlement or compromise of any such suit,
action or proceeding, effected, before any verdict, decision, decree,
judgment or final order is made or rendered therein, by any such injured
person or his legal representative in case of death, with any other
person, persons, or corporation claimed or alleged to be liable for said
injuries or death, or with any other person or persons or corporations
on account thereof.

(iii) To the proceeds of the settlement or compromise of any such
claim, demand, or cause of action effected, before the commencement of
any suit, action or proceeding thereon, by any such injured person or
his legal representative in case of death, with any other person, or
persons or corporation claimed or alleged to be liable for said injuries
or death, or with any other person or persons or corporation on account
thereof.

(b) In the case of a recovery by judgment, settlement or compromise
under sections one hundred nineteen and one hundred twenty or one
hundred thirty, one hundred thirty-two and one hundred thirty-three of
the decedent estate law, such lien shall attach only if the reasonable
expenses of medical aid, nursing and attention incident to the injury
are an element of the damages recoverable in such action.

3. After the filing of the notice and mailing of the copy and
statement as herein provided, no release of any judgment, claim, or
demand by such injured person shall be valid or effective against such
lien. The person or persons or corporation making any payment to such
injured person or his legal representative for the injury sustained
shall give notice by registered mail to the hospital having such lien
and shall for a period of one year from the date of the receipt of such
notice by such hospital as aforesaid remain liable to such hospital for
the amount of its reasonable charges as aforesaid due at the time of
such payment, to the extent of the full and true consideration paid or
given to the injured person or his legal representative, less the amount
of any other liens or claims against such moneys superior to such
hospital lien, and the state university or any such corporation or other
institution or body maintaining such hospital may within such period
enforce its lien by a suit at law against such person or persons or
corporation making any such payment or gift.

4. Every county clerk shall, at the expense of the county, provide a
suitable, well-bound book, to be called the hospital lien docket, in
which, upon the filing of any lien claim under the provisions of this
section, he shall enter the name of the injured person, the date of the
accident or event causing the injury, the name of the hospital or other
institution making the claim. The said clerk shall make a proper index
of the same in the name of the injured person.

5. Any person or persons, firm or firms, corporation or corporations
legally liable for such lien or against whom a claim shall be asserted
for compensation for such injuries, shall be permitted to examine the
records of such hospital or of any such corporation, or other
institution or body maintaining such hospital in reference to such
treatment, care and maintenance of such injured person, except such
confidential communications or records as are privileged, unless such
confidential status shall have been waived.

6. The lien of any such hospital under the provisions of this section
shall not apply to any award or settlement made pursuant to the
workmen's compensation law of this state, nor to the proceeds of any
such award or settlement, in respect to the injury for which a lien is
filed, nor in case the amount paid to the injured person or his
representative in the event of death in settlement or compromise is
three hundred dollars or less.

6-a. At any time after the filing and mailing of the notices of lien
as provided in subdivision one of this section, any such injured person,
or his legal representative in case of death, such hospital, or any
person, firm or corporation alleged to be liable to the injured person
or to his legal representative, may apply for an order determining the
validity of such lien and fixing the amount thereof. Such application
shall be made to the surrogate of the county wherein letters have been
issued to the executor or administrator of the injured person, or to any
court which would have jurisdiction of an action based upon contract for
a sum equal to the amount set forth in the notice of lien filed in the
office of the county clerk as provided in subdivision one of this
section; provided, however, that except for an application made to such
surrogate, the application shall be made in the county in which the
notice of lien has been filed. Such application shall be made upon not
less than eight nor more than ten days' notice. Notice of the
application shall be served upon the following persons, other than the
applicant: (a) the person, firm or corporation alleged to be liable to
the injured person or to his legal representative, (b) the hospital, or
the attorney, if known, who on its behalf filed said notice of lien, (c)
the injured person or his legal representative, (d) any insurance
carrier, if known, which has insured such person, firm or corporation
alleged to be liable, against such liability. If an action for damages
on account of such injury or death is pending, service upon any party
thereto may be made upon his or its attorney of record. Upon the return
of such application and the determination of the validity of such lien,
if it appears that there is a bona fide dispute as to the charges, an
immediate hearing to determine the amount of the reasonable charges of
such hospital for the treatment, care, and maintenance of such injured
person at cost rates shall forthwith be ordered before the court and a
jury, or, if a jury be waived, before the court or a referee. Upon such
hearing the party making the application or the hospital may apply to
the court for an order requiring the other to pay the reasonable
expenses, not including attorneys' fees, incurred in making proof. For
the purposes of this section, proof that the charges made by the
hospital to the injured person for bed, board, routine nursing, ordinary
dressings and drugs, x-ray services, laboratory tests, and other medical
care or treatment do not exceed the charges made by the hospital for
such services and supplies in the care of workmen's compensation
patients shall be prima facie evidence of the reasonableness of such
charges at cost rates in the care of the injured person. A copy of the
order upon such application, with notice of entry, shall be served by
the party making the application on every person, firm or corporation
served with notice of the application, or upon his or its attorney
appearing upon the application, and the sum fixed in said order shall
constitute the extent of the lien provided in this section.

7. The provisions of this section to the contrary notwithstanding, the
lien herein created shall be subject and subordinate to the lien of the
amount recovered by verdict, report, decision, judgment or decree,
settlement or compromise, of any attorney or attorneys retained by any
such injured person or his legal representative in case of death, to
prosecute his claim for damages for personal injuries or for the death
of the injured person, having or acquiring by virtue of such retainer a
lien on the cause of action of any such injured person, or his legal
representative in case of death, or on the verdict, report, decision,
judgment, decree made in, or any settlement or compromise of, any such
action or claim for damages for personal injuries or for the death of
such injured person; and, notwithstanding the provisions of this
section, the lien created hereunder in no case shall be operative so as
to create a priority or a precedence therefor as against any other lien,
debt or claim in the administration of the estate of a decedent or the
distribution of damages recovered or obtained on account of a wrongful
act, neglect or default causing a decedent's death, and the amount of
the debt or claim covered by such lien in such a case shall have the
same position as to priority and be payable in the same manner and to
the same extent as otherwise provided by law.

8. Execution upon any judgment obtained in an action based upon
injuries for which a lien has been filed as herein provided shall be
stayed until the lien has been satisfied or discharged in accordance
with the provisions of this section.

9. Upon the order of any court of record having jurisdiction in the
premises, any person, persons or corporation against whom a lien shall
have been filed and served may deposit the amount of any settlement or
judgment less the amount of any other liens or claims against such
moneys superior to such hospital lien, with the county treasurer in the
county in which the lien is filed, except, in a county within the city
of New York where such deposit shall be made with the commissioner of
finance of such city, and the person, persons or corporation so
depositing shall be discharged from all liability in connection with
such lien which lien shall attach to the fund so deposited.

10. Any such lien may be enforced by action against the person,
persons or corporations claimed to be liable or against the fund
deposited as hereinbefore provided in any court of record.

11. The filing of a notice of lien of a hospital under the provision
of this section shall be valid for a period of ten years only. The
validity of the filing may be extended for successive additional period
of ten years each from the date of refiling, by filing in the proper
county clerk's office, a copy of the original notice of lien within
ninety days next preceding the expiration of each period, with a
statement attached, signed by the lienor, showing the amount remaining
to be paid thereon. Such copy, with statement attached, shall be filed
and entered in the same manner as a notice of hospital lien filed and
entered for the first time, and the county clerk shall be entitled to a
like fee as upon the original filing. Every renewal of a hospital lien
must be stamped or marked "renewal," and contain therein reference to
the date of filing of the lien which it is desired to continue for a
further period, and the date of filing of the latest previous renewal
thereof. The county clerk is authorized to destroy any and all notices
of liens of hospitals filed in his office pursuant to the provisions of
this section, after the expiration of twelve years from the date of
filing, and any and all indexes to such notices of lien, after the
expiration of twenty-five years from the date of the last entry of a
lien therein.