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Premier Physicians Grp., PLLC v. Navarro

Court of Appeals of Arizona, First Division

July 28, 2015

PREMIER PHYSICIANS GROUP, PLLC, an Arizona professional LLC, dba PREMIER PAIN MANAGEMENT, LLC, an Arizona limited liability company, Plaintiff/Appellant,
v.
KIMBERLY NAVARRO and EDDIE NAVARRO, wife and husband, Defendants/Appellees

Appeal from the Superior Court in Maricopa County. No. CV2014-090145. The Honorable Mark F. Aceto, Judge (Retired).

For Plaintiff/Appellant: H. Lee Dove, Trevor J. Fish, Evans, Dove & Nelson, P.L.C., Mesa.

For Defendants/Appellees: Joel DeCiancio, Christopher Robbins, DeCiancio Robbins, PLC, Tempe.

Presiding Judge Patricia K. Norris delivered the opinion of the Court, in which Judge Patricia A. Orozco and Judge Kent E. Cattani joined.

OPINION

Patricia K. Norris, Judge

[¶1] 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

Page 422

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.

FACTS AND PROCEDURAL HISTORY[1]

[¶2] From June 29, 2011 until October 9, 2011, Plaintiff/Appellant Premier Pain Management treated a third party for injuries arising out of a car accident involving Defendant/Appellee Kimberly Navarro.[2] 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. The third party did not pay Premier for any of the medical services she had received.

[¶3] Premier subsequently sued the Navarros to enforce its health care lien. The Navarros moved to dismiss Premier's complaint arguing that by waiting until September 16, 2011 to record its lien, Premier had failed to perfect the lien within 30 days after it had provided " any services" to the third party as required by A.R.S. § 33-932. The superior court agreed with the Navarros and dismissed Premier's complaint.

DISCUSSION

[¶4] Section 33-932 reads in pertinent part as follows:

A. In order to perfect a lien granted by § 33-931, the executive officer, licensed health care provider or agent of a health care provider shall record, before or within thirty days after the patient has received any services relating to the injuries, except a hospital which shall record within thirty days after the patient is discharged, in the office of the recorder in the county in which ...

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