(1) Upon due and diligent search and inquiry neither the patient nor any person chargeable by law with the care or support of the patient can be found;
(2) An action against the patient or a person chargeable by law with the care or support of the patient has been instituted and is pending; or
(3) An action has been prosecuted to final judgment, all legal remedies for satisfaction of the judgment have been exhausted and the judgment has not been collected. [1985 c.279 §13; 2009 c.595 §811]