Premier Physicians Group, PLLC v. Navarro, 722 Ariz. Adv. Rep. 17 (App. Div. I, October 1, 2015) ()J. Norris)

NONHOSPITAL LIENS MAY COVER 30 DAYS TREATMENT PRIOR TO FILING AND ALL FUTURE TREATMENT

Premier treated a third party for injuries sustained in a car accident with Navarro. On September 16, 2011, Premier recorded a health care lien for the cost of the services it had rendered to the third party. On March 28, 2013, Navarro's automobile insurance carrier settled the third party's injury claim and paid the settlement sum to the third party. When Navarro's insurer settled the claim with the third party it did not satisfy the lien.  The trial court ruled the lien was filed untimely. The Arizona Court of Appeals vacated and remanded.

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.