Premier Physician's Group, PLLC v. Navarro, 718 Ariz. Adv. Rep. 17 (App. Div. I, July 28, 2015) (J. Norris)

NON-HOSPITAL MEDICAL LIEN PERFECTED RETROACTIVELY & PROSPECTIVELY IF RECORED WITHIN 30 DAYS OF SERVICE

A third party was in a car accident involving another vehicle driven by Navarro. The third party received medical treatment from  June 29, 2011 until October 9, 2011, from plaintiff Premier Pain Management. On September 16, 2011 Premier recorded a health care lien for these services.  On March 28, 2013 Navarro's insurance carrier settled the third party claim but Premier received nothing out of the settlement. Premier brought this action to collect the lien.  The trial court dismissed the claim because Premiere had failed to perfect its lien within 30 days of providing “any” services.  The Arizona Court of Appeals vacated and remanded.

The court of appeals stated: Under Arizona Revised Statutes ("A.R.S.") section 33-932 (2014), a health care provider, other than a hospital, may perfect a medical lien if it records the lien "before or within thirty days after the patient has received any services relating to the injuries." We hold this provision allows a non-hospital health care provider to perfect a lien retroactively for any services received by the provider's patient within the 30 days preceding the provider's recording of the lien and prospectively thereafter, assuming the provider complies with all other statutory lien formalities.