Ch. 21             1997 Session Laws of Kansas             59

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 65-406 is hereby amended to read as follows: 65-
406. (a) Every hospital in the state of Kansas, which shall furnish furnishes
emergency, medical or other service to any patient injured by reason of
an accident not covered by the workmen's workers compensation act,
shall, if such injured party shall assert or maintain asserts or maintains a
claim against another for damages on account of such injuries, shall have
a lien not to exceed five thousand dollars ($5,000) upon that part going
or belonging to such patient of any recovery or sum had or collected or
to be collected by such patient, or by his such patient's heirs, personal
representatives or next of kin in the case of his such patient's death,
whether by judgment or by settlement or compromise.

(b) Such lien shall be to the amount of the reasonable and necessary
charges of such hospital for the treatment, care and maintenance of such
patient in such hospital up to the date of payment of such damages:
Provided, however, That this. Such lien shall not in any way prejudice or
interfere with any lien or contract which may be made by such patient or
his such patient's heirs or personal representatives with any attorney or
attorneys for handling the claim on behalf of such patient, his or such
patient's heirs or personal representatives: Provided further, That the.
Such lien herein set forth shall not be applied or considered valid against
anyone coming under the workmen's workers compensation act in this
state.

(c) In the event the claimed lien is for the sum of $5000 or less it shall
be fully enforceable as contemplated by subsection (a) of this section. In

60             1997 Session Laws of Kansas             Ch. 21

the event the claimed lien is for a sum in excess of $5,000 the first $5,000
of the claimed lien shall be fully enforceable as contemplated by subsection
(a) of this section, and that part of the claimed lien in excess of $5,000
shall only be enforceable to the extent that its enforcement constitutes an
equitable distribution of any settlement or judgment under the circum-
stances. In the event the patient or such patient's heirs or personal rep-
resentatives and the hospital or hospitals cannot stipulate to an equitable
distribution of a proposed or actual settlement or a judgment, the matter
shall be submitted to the court in which the claim is pending, or if no
action is pending then to any court having jurisdiction and venue of the
injury or death claim, for determination of an equitable distribution of
the proposed or actual settlement or judgment under the circumstances.

Sec. 2. K.S.A. 65-406 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved March 31, 1997.