March 23, 2009

TO ALL INTERESTED COMPANIES

A chiropractor may have a lien under certain circumstances pursuant to Missouri law.  The lien is not absolute and I would suggest that in most cases, a chiropractor does not have a valid lien on recovery.  Missouri Revised Statute 430.225.1(3) states that a chiropractor licensed pursuant to Chapter 331, R.S.Mo., is a “health practitioner”. 

Missouri Revised Statute 430.225.2 states as follows: 

“Clinics, health practitioners and other institutions, as defined in this section, shall have the same rights granted to hospitals in sections 430.230 to 430.250.”

Chiropractors have the same rights granted to hospitals.  Please know that Missouri Revised Statute 430.230 states as follows:

Every public hospital or clinic, and every privately maintained hospital, clinic or other institution for the care of the sick, which is supported in whole or in part by charity, located within the state of Missouri or any such hospital duly incorporated under the laws of Missouri providing for the incorporation of eleemosynary institutions, shall have a lien upon any and all claims, counterclaims, demand, suits, or rights of action of any person admitted to any hospital, clinic or other institution and receiving treatment, care or maintenance therein for any cause including any personal injury sustained by such person as the result of the negligence or wrongful act of another, which such injured person may have, assert or maintain against the person or persons causing such injury for damages on account of such injury, for the cost of such services, computed at reasonable rates not to exceed twenty-five dollars per day and the reasonable cost of necessary X-ray, laboratory, operating room and medication service, as such hospital, clinic, or other institution shall render such injured person on account of his conditions; provided further, that the lien herein set forth shall not be applied or considered valid against anyone coming under the workers’ compensation law in this state.

Based on the requirements of 430.230, a hospital, and hence a health care practitioner, must be supported in whole or in part by charity or incorporated under the Missouri law providing for the incorporation of eleemosynary institutions before a valid lien is available to the chiropractor.  I suggest that most chiropractor clinics are not supported in whole or in part by charity or incorporated under the laws of Missouri providing for the incorporation of such eleemosynary institutions. 

If you would like copies of the statutes, please let me know. 

SCHMITT MANZ SWANSON & MULHERN

Ben T. Schmitt
1000 Walnut, Suite 800
Kansas City, Missouri 64106
Phone: (816) 472-5310, Ext. 303
bschmitt@schmittmanzlaw.com