(a) In order to perfect a lien, the agent or operator of a hospital, not later than 120 days after the person has been discharged from the hospital, shall file in the office of the clerk of the Superior Court of the Virgin Islands located in the division where the patient resides, if a resident of the Virgin Islands, and in the county in which the person resides, if outside the Virgin Islands, a written verified statement setting forth the name and address of the person as it appears on the records of the hospital, and the name and address of the operator of the hospital, the dates of admission and discharge of the patient, the amount claimed to be due for the hospital care, and to the best of the claimant’s knowledge, the names and addresses of persons, firms or corporations claimed by the ill or injured person or by the person’s legal representative, to be liable for damages arising from the illness or injuries.
(b) A copy of the claim, not later than 30 days after the filing, must be sent by registered mail, postage prepaid, to each person, firm or corporation so claimed to be liable on account of the illness or injuries, at the address given in the statement, and to the attorney, or attorneys, representing the person to whom services were rendered by the hospital if the attorney, or attorneys, are known to the hospital or could, with reasonable diligence, be known to the hospital.
(c) The filing of the claim is notice to all persons, firms or corporations who may be liable on account of the illness or injuries, whether or not they are named in the claim or lien and whether or not a copy of the claim has been received by them.
(d) Any person desiring to contest the lien or the reasonableness of the charges may do so by filing a motion to quash or reduce the lien in the Superior Court of the Virgin Islands in the division that it is filed or in the county in which the lien was perfected, making all other parties in interest respondents to the motion to quash. A motion to quash may be heard in term time or vacation and at a time and place as fixed by order of the court.
(e)
(1) If at the time an insurance carrier or other person, corporation or entity reaches a settlement and obtains a release of liability on or pays a claim filed by a policyholder or other person against such carrier, person, corporation or other entity, the hospital providing treatment to the policyholder or person has not perfected a lien as set out in this section, any lien perfected subsequent to the settlement or payment does not apply to or create any additional liability on the part of the insurance carrier or other person, corporation or entity paying the settlement or claim.
(2) This subsection applies 30 days after the person is discharged from the hospital.