You’ve just been injured in an accident and were taken to a hospital emergency room for treatment. Now, you owe the hospital for their services. Assuming you have no health insurance, the hospital may file a hospital lien. Therefore, it is important that you know how hospital liens work in Texas.
What is a Hospital Lien?
In Texas, hospital liens are governed by Chapter 55 of the Texas Property Code. A hospital may have a lien if it provided medical treatment to a patient for injuries sustained in an accident. If you make a personal injury claim for your injuries, the hospital may then recover their charges from the settlement proceeds or your case.
Requirements of a Valid Hospital Lien in Texas.
1. Filed in the County Where the Services were Rendered.
In order for a lien to be valid, it must be in writing. It must also be filed in the county where the services were rendered. For instance, if you went to the hospital in Dallas County, even though your accident happened in Fort Worth or Plano, the hospital lien must still be filed in Dallas County.
2. Filed Prior to Money Being Paid on the Claim.
The lien must be filed prior to money being paid on the claim. If money is paid before the lien is filed, then the lien does not attach to those funds. So, if the insurance company pays your some money up front, then the lien does not apply to those funds if they were paid before the hospital lien was filed.
3. Must Visit Hospital Within 72 hours of the Accident.
There are other requirements for a valid hospital lien. For instance, the patient must be admitted to the hospital with 72 hours of the accident. If the patient is transferred to another hospital, the second hospital may also file a lien if the first hospital had the right to do so. In other words, the second hospital gets the benefit of the first hospital’s rights to file a lien even if you go to the second hospital more than 72 hours later.
4. Certain Information must be Included in the Hospital Lien.
The lien itself must contain certain information. It must state the name and address of the injured person and the date of the accident. It must also state the name and address of the hospital as well as the name of the at-fault party (if known).
Once the lien is filed, the hospital must also mail notice of the lien to the injured person or their legal representative.
5. Usual, Customary, and Reasonable (“UCR”) Charges Only.
Legally, a hospital may only recovery the usual, customary, and reasonable (“UCR”) charges for their services. Rarely is the UCR amount the same as the gross charges reflected in the billing statement. In fact, the legally allowable rate is typically much less.
Texas courts have considered several factors in determining the UCR rate for medical charges including:
What the hospital has historically accepted from self-pay patients;
The negotiated rates with private health insurance carriers for the same services;
The amount that public insurance pays, such as Medicare and Medicaid.
You can imagine that these amounts tend to be a fraction of what the hospital charges. Therefore, this can be an effective tool when trying to negotiate a hospital lien.
6. 2019 Amendments Change the Amount a Hospital Lien can Take.
Although a hospital lien attaches to the reasonable charges only, that amount can still be a significant depending on the severity of the injury. Prior to 2019, hospitalS have been getting very aggressive about recovering their charges from a personal injury settlement even if it leaves the patient with very little of nothing.
In 2019 , the Texas Legislature put an end to that practice. Section 55.004 was amended to provide that the hospital may only recovery the lesser of:
the total amount of the recoverable charges; or, fifty percent (50%) of the total amount recovered by the injured person.
At least this amendment provides some limitations on the hospital where the lien amount is relatively high when compared to the total settlement.
Effects of Hospital Liens.
Once a hospital secures a valid lien, the hospital’s right to recovery is superior to the patient’s right of recovery. So, if you reach a settlement, the hospital has the right to get paid first.
Insurance companies and personal injury lawyers get very nervous about hospital liens. Ignoring a lien may result in the insurance company or lawyer paying out of pocket for the lien. That is why most insurance companies and attorneys search the county records before settling a case.
Emergency Medical Services (Ambulance) Lien.
If you were transported to the hospital by ambulance, then an emergency medical services (EMS) provider may also file a lien. However, an EMS provider can only assert a lien in a county with a population of 800,000 or less. The ambulance services have to be rendered within 72 hours of the accident. Also, the amount of an EMS lien is limited to $1,000.
Emergency Physicians Lien.
An emergency room physician may also have a lien. However, the hospital must assert those charges on the physician’s behalf as part of the lien. The statute does not appear to permit the physician to assert a lien independently of the lien.
How to Handle a Hospital Lien.
Hospital liens can be tricky. If a lien is filed, your lawyer should contact the hospital and try to settle the lien. Some hospitals are more willing to negotiate a lien than others. But if the lien takes to much of the settlement funds, then there is no incentive for you or your lawyer to settle the case. Likewise, no one gets paid. Not even the hospital. Therefore, as a practical matter, hospital may be willing to negotiate their lien.
One other thing to keep in mind. Just because the hospital files a lien does not mean the hospital cannot seek collection from you in other ways. The hospital lien is there to protect the hospital only if there is any recovery in your personal injury case. But the hospital doesn’t have to wait. The hospital can seek to collect their bill in other ways. They can refer it to a collection agency or even file a lawsuit if they wish.
How to Avoid a Hospital Lien.
Easy! Don’t go to the hospital. Many people think that you are required to go to the hospital after being in an accident. But you are not. You can always refuse transport to the hospital even if the paramedics or police tell you to go. Unless you had serious injuries such as fractures, loss of consciousness, or severe lacerations, you can get adequate treatment at a minor emergency clinic. Those facilities are not considered “hospitals” and are not permitted to file liens.
Another way to avoid a hospital lien is to wait 72 hours. If the patient is admitted more than 72 hours of the accident, a hospital may not file a valid lien.
This does not mean that you should not seek medical attention at a hospital emergency room if you feel it is necessary. If you want to go to the hospital, then, by all means, GO! But do not go just for the purposes of bolstering your personal injury case.
Insurance Benefits to which a Hospital Liens Do Not Attach.
Uninsured (UM) or Under-Insured Motorist (UIM) Benefits.
Hospital liens do not attach to proceeds of your UM or UIM coverage. This is true even if the insurance proceeds relate to the same injuries.
Personal Injury Protection (PIP) and Med-Pay coverage.
A hospital lien does not apply to the proceeds of your PIP or Med-Pay, even if the benefits are paid for the actual hospital treatment.
Workers Compensation Benefits.
A hospital lien does not attach to the proceeds of a workers compensation policy. However, the policy must qualify as a “workers compensation” policy under the Texas Labor Code. If not, then a lien may attach.
Consult for FREE with Robert C. Slim
Can a Chiropractic office file a medical lien on with the county clerk?
Texas does recognize doctor liens. Only hospital liens are permitted under the law. However, if a doctor filed a lien, that might cause enough concern for an insurance company to hold up a potential settlement until the doctor’s “lien” is satisfied. But the insurance company is not required under the law to protect the doctor’s bill.
Where can I go to see if I have a lien?
You would check the county records (real property filings) of the county where the treatment was rendered. A simple patient name search should be sufficient. Most of the time, this can be done online. However, there can be a lag in time between the actual filing of the lien and the time it shows up online. Sometimes that can be up to two weeks. But most of the time it’s about 3-5 business days.
Per the Texas Chapter 55 Statute a hospital can file a lien on a patient “admitted” no later than 72 hours after the accident. It also states that an emergency medical services provider has a lien if the patient receives emergency medical services in a county with a population of 800,000 or less and must seek treatment no later than 72 hours. So for a hospital that provides emergency services to a patient that is not admitted but treated and released would they have to file a lien as an emergency services provider(only able to file if the population requirement is met) or can they file as a hospital even though the patient was not admitted to the hospital? Thank you so much
A hospital can file a lien regardless of whether you were admitted to the hospital or just treated and released. All that is required is that the hospital render services within 72 hours of the incident giving rise to the patient’s claims.
Can the injured person still file the hospital bills for payment with his or her employer provided health insurance after a hospital lien has been filed? If so, what is the effect on the hospital lien assuming that the health insurance company would pay the bill based on the agreed rate (lower) versus the charged rate?
Thanks.
Yes. You can still file the hospital bill on your health insurance. However, the lien would still be in effect for any portion that is applied to your deductible, co-pay, or other portion which is the patient’s responsibility. If the hospital is within your network, then the hospital is obligated to take the contractual reductions just like in any other claim. You may be obligated to reimburse your insurance company out of any settlement. Additionally, once the health insurance company pays the hospital bill, that can also affect the amount you can claim on your injury case.
Whether you should claim the hospital bill on your insurance is a question best answered by an experienced personal injury attorney who is more familiar with the particulars facts of your case.
I have a hospital bill of $17,000 dollars. The car I was in have $10,000 dollars worth of PIP. I was a passenger. If I collect $10,000 dollars from PIP and another $7,000 from the insurance for the rest of the medical bills, can the attorney general put a lein on the medical bills portion for child support. There will be no lost wages. If so how is the medical bills suppose to be paid.
How do I find out if a hospital has a lien against my settlement?
Under Texas law, your hospital lien must be filed with the county clerk in the county in which the hospital services were rendered. You would check the county records under your name. Most county clerks” filing records are available online.
How long can the VA file a lien for paid medical expenses by the VA on a uninsured injury claim/money?
The Veteran’s Administration’s (VA) claim of reimbursement is not the same as a hospital lien.. It is more like a subrogation claim: Much like the claim a health insurance company has when they pay for medical expenses arising from an accident. In fact, the VA has a right to bring a suit against the responsible party if the injured party doesn’t do so within six (6) months of the first date of treatment. If the injured party actually settles the claim, then the VA has a right of reimbursement from the settlement proceeds. I am not aware of any specific deadline the VA has to assert it’s right of subrogation or reimbursement other than the applicable statute of limitations.
Can a Lien be signed by a notary out side of the state in which the accident happened
There is no restriction on the state in which the notary is commissioned. Likewise, a lien may be filed even if it is notarized by a notary outside of Texas.
On March 24, 2017 my son was killed by a drunk driver,while riding his skateboard on the sidewalk.He had the mim. amount of insurance required by the state of Texas .On May 15,2017 I received a letter from Geico stating that they had issued a check for $ 30,001.00 and mailed to my attorney’s.I spoke with Geico approx. 5 weeks ago,they told me the check had been cashed ,by my lawyers.There were 3 hospital liens on file with the county clerk’s office, one has been can. ,the 2 that remain on file are dated May 19,2017 and May 22,2017. All were file after the check was issued. My attorney’s keep telling me,although these are bullshit liens, we can’t touch the money until they are satisfied. I think that they are jerking me around,they are not even returning my phone calls. I would be very thank-full for advice you may have. Thank-you sincerely Tim Phelps.
My reading of the Hospital Lien statute (and applicable case law) states that a hospital lien does not attach to proceeds that have previously been paid. So, if the checks were issued prior to the lien being filed, then the liens do not attach to those proceeds.
If I pay what the hospital says they will take as payment in full, (which is less then the lien that was file by PASI), will the lien be released? I have tried to get them to draft a letter that they will accept this amount as full payment before I pay them but they say they will release the lien after full payment. The PASI company when I called them said the hospital can not settle at all since they have filed the lien, so which is true. I can pay the amount which is 40% less then PASI will take, so if I pay before my settlement is complete do they have to release the lien for what the hospital will take, The hospital is in Durant OK,.
Thanks
PASI just sounds like a collection agent for the hospital. The hospital has authority to negotiate the lien. But make sure you get it in writing. Once you do, you can pay the negotiated amount and they will release the lien. You also need to get it in writing because I don’t think the insurance company will pay the settlement amount until there is a written confirmation from the hospital for the negotiated amount. Plus, the insurance company will probably insist on issuing a separate check to the hospital directly.
Thanks you….it took 3 calls but I finally got a nice lady that indeed reduced the lien to where the hospital had last billed me….I knew they could do and they finally did! Have a great Thanksgiving and thanks for your answer and giving me the needed push to take care of this.
Oh and they took payment directly from me via CCard and I got the letter I needed about the release.
If there is documentation that clearly shows that hospital liens were filed a week after a settlement check was issued, should it be difficult to get the liens released?
They will not release the lien; but that should not be your concern. Don’t think of it as as judgment lien or anything like that. It does not attach to any other property and does not effect your credit. It is only there to protect the hospital in case there is a liability settlement. The lien only attaches to settlement proceeds paid after the the lien is filed. It does not attach to proceeds that were paid before the lien was filed. However, it will probably not be released just in case there is any further settlement down the road.
Here’s the problem Mr.Slim my, attorney has had the check from geico for a couple of months now, it was for the max they will pay for someone with the minimum amount of insurance in a wrongful death action. $30,001.00 there will be no more. And although the liens were filed after the check was issued .They are telling me they cannot disperse any of the funds until the liens are satisfied. They have had one lien cancelled I don’t understand why they have not had the other one cancelled as well.
They don’t have to get the lien cancelled. If the lien was filed after the check was issued, then the lien does not attach to the settlement proceeds. Therefore, your attorney should disburse the money to you. It just sounds like the attorney’s office is being extra cautious.
My daughter’s medicaid insurance paid for dos she was in an accident. The hospital also filed a lein is that allowed or legal? The adjuster already made arrangements with the insurance for reimbursement. Can they still have a lien?
What is the balance of the hospital’s account? If it was paid by Medicaid, then it is probably “zero.” If so, the hospital must release the lien. Call their billing department and see what the status is.
I have several questions:
If I’m correct, there is no statute of limitation on a lawsuit. But in Texas the statute of limitation on medical debt is 4 years
( 1 ) Is a lien considered the same as a lawsuit?
( 2 ) Does a lien fall under the statute of limitation of 4 years?
( 3) If the hospital included in the amount of the medical bill, payment from a
completely different accident, is the lien valid?
( 4) Can a hospital combine medical payment in a lien from two different
accidents?
My wife was in an accident & the hospital filed a lien. Several months later she was in another accident, hit from behind. When we received the medical statement. I noticed that they had attached the bill from the later accident. Can they do that? Shouldn’t the second accident be totally separate from the first? Two separate accidents, two different claims. Or does any amount she owe the hospital fall under the lien?
Your first sentence is incorrect. There is a statute of limitations on a lawsuit. There is no statute of limitations on a lien. That is because the claim on the lien does not arise until there is a settlement or recovery on the claim. If there is no settlement or recovery, then the lien just sits there in the county clerk’s office.
1. The lien is not considered the same as a lawsuit. It is merely notice of a claim in the proceeds of any recovery from the underlying injury claim.
2. A lien does not fall under the statute of limitations. In other words, it has no expiration date. However, if there was recovery on the underlying injury claim and the lien was not paid, then it is arguable that the hospital has four years from the date that the settlement was paid to enforce the lien. If it fails to do so, then I would argue that the statute of limitations has expired on their right to enforce the lien.
3. A lien is valid only for the accident, incident or claim. The hospital cannot claim a lien in accident number 1 against a settlement or recovery for accident number 2. In fact, the lien must state the date of the occurrence to which the lien attaches, as well as the responsible party (if known). Therefore, a lien is specific to a certain occurrence or incident.
4. Just as stated before, a hospital cannot include charges unrelated to the incident to which the lien relates.
They probably just printed out your wife’s entire account and attached it without realizing there are two different accidents. I would bring the matter to the hospital’s attention and demand, in writing, that they correct or amend the lien.
TERRY says:
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February 5, 2018 at 4:00 pm
Thank you so much for answering my questions.
My next question is about a different incident.
My wife was ran over in front of a Walmart store. She had to have surgery on her ankle. Her orthopaedic surgeon placed a screw in her ankle. The screw broke & she’s in a lot of pain & her ankle sometimes lock up. She’s going to need another surgery to correct the problem.
( 1 ) Who’s at fault?
( 2 ) The surgeon?
( 3 ) The company who made the defected screw?
( 4 ) How to proceed with this situation?
This really something you need to call me about. But the short answer is that the person who hit your wife a responsible. Possibly the doctor if you can prove that there was medical negligence. Possibly the product manufacturer if you can prove the product was “defective.”
Can a hospital file a lien against a person treated and released from the ER from an auto accident without EVER giving the patient a bill, without filing on the patient’s health insurance, basically without giving the patient any opportunity to know what the bill is or to pay the bills. Accident was on 11/14/17 (no fault of mine) – lien was filed on 12/5/17. I called the hospital for a bill and they would not send it to me. They told me they have a Recovery Service that was handling the bill and the insurance and they gave me the number to call them. I actually got a copy of the hospital statement from my insurance before I ever got it from the recovery service. They sent bills to my Insurance and the other driver’s insurance and filed a lien against me. It’s not a lot of money and I do not have a residual injury. I just find it incredible that a hospital can refuse to file your health insurance company, not send the patient a bill and then file a lien against that patient, when they have not given the patient any opportunity to pay the bill. Do they get by with doing this to everyone involved in an auto accident? The accident was not my fault. They never notified me of the lien. Are they required to notify the patient? A law firm out of Dallas sent me a copy of it! Since I do not have a residual injury and the insurance company is paying the bill, I don’t feel I need an attorney, but I am just appalled that a hospital can do this without ever giving the patient an opportunity to pay the bill or file it on their health insurance.
Under Texas law, a hospital is required to send you an itemized billing statement within 30 days of your discharge. Additionally, a hospital is required to give you an itemized statement upon request. If you feel like they violated this rule, then you may file a complaint with the Texas Department of Health. As for filing with your insurance, the hospital is required to file with your health insurance within 11 months of your discharge. If they fail to do so, then the hospital is only permitted to collect only the amount that they would have received under your health policy. As for the collection or recovery agent, you are not required to deal with them, and the hospital cannot avoid their legal responsibilities by referring the account to a recovery agent. My suggestion would be to deal directly with the billing department of the hospital and do it in writing. I would also copy their supervisor with you communications. If you feel like the hospital filed a hospital lien improperly, you may have a claim under the Texas “Fraudulent Lien Statute.” Hope this helps.
If you have a lien with your surgeon, is it legal for them to sell or transfer your lien without your permission?
This “lien” you describe is not a “hospital lien” as provided under the Texas Property Code. It is merely a contractual obligation. As such, it probably provides that it may be assigned and transferred.
My wife was rear ended by hit and run driver and taken to hospital. She was released a few hours later. She’s on Medicare. They performed MRI on her along with other tests they didn’t really elaborate on. The bill came to $87,000. The hospital said Medicare refused to pay it. We just found this out. She was $50,000 uninsured /insured motorist coverage. They caught the other driver and they have $30,000 liability insurance. We’ve made no settlement yet. With the hospital able to attach a lien it all seems hopeless since $80,000 is the maximum recoverable amount and that won’t even pay the medical bills much less address her hurt neck. The hit and run driver isn’t very prosperous by all accounts so it’s doubtful anything can be gained there.
This is a very common issue with hospitals. At least with Dallas car accidents, attorneys routinely see hospitals ramping up their bills in order to score on your settlement. I doubt they even presented the bill to Medicare. You have to be prepared to challenge their bill. I have done it before with much success, but you have to know how to dispute the lien. Call me 214-321-8225, and we can discuss your options. I’m available to talk anytime. It’s a free consultation anyway.
Frist of all I want to say Thank you for being a great Attorney I was reading through ur comments. I was Hit by a drunk Driver Dec 10 2017 which total my truck (settled) But my injuries goes way beyond the the policey limit of the guy who hit me Which is 30k my hospital bill along is 39k plus the clinic they had me going plus Nero Dr for nerves block and injection what can I do. I have not agreed to anything because am not sure I have a procedure that needs to take place tomorrow but they are saying I will be responsible for that .I just don’t understand why I have to be responsible to pay out of pocket when I wasn’t at fault But they are wanted to settle for that amount can you help
First, you do not mention whether or not the hospital filed a lien in your case. Secondly, the policy limits may be all the money available for the responsible driver to pay. Do you have an attorney? If so, you need to discuss these issues with your lawyer before you do anything. If not, give me a call and we can over your case together.
I was in a car accident back in 2017 we about to settle with insurance. Then to come to find out I had medical lien attached to my name which I didn’t know about. Then come find out it for other car accident back 2014. This two different car accident. How I handle hospital lien. I can’t settle on other accident that I had 2017.
If the hospital lien was for the accident in 2014, then it does not apply to your car accident in 2017. You should be able to settle the claim without any trouble with the lien. Why are you not able to settle the 2017 accident claim?
I was hit by a drunk driver last July. I dislocated my hip and was taken to the hospital. They put it back in place but I was never cut on. The driver that hit me policy limit is only 50K. My hospital bill is 49K on top of the physical therapy I had to do. The hospital placed a lien on the settlement. I have an attorney but they don’t seem to be helping me come out on top in this situation. They got the hospital to reduce the inflated bill down 40% but stated that once everything is paid that leaves me with nothing maybe 1K. They stated that I can either settle with that or file a declaratory. Do you feel that this is my best option to settle or do you feel the hospital bill can be reduce even more. I just don’t want to get screwed around.
Getting the hospital reduced by 40% is not a bad deal at all. As a matter of fact, that is pretty good. One option would be to have the bill reviewed by a hospital billing expert. It will probably cost about $500 – $700. I’ve used them before with really good results. Otherwise, everyone might be caught in a stale-mate. Remember, you have the “power of the pen.” No one gets anything until you sign off on the settlement and release.
What happens when you have UHC Medicare solutions? When do they get billed fo the hospital costs?
MORRISON law firm has put a hospital lien on me for $26,000 + of the $30,000 liability my auto insurance will pay yet the hospital never processed the bill through UHC/Medicare. The auto accident was January 17th, my wife was driving, I was the passenger, the lien was filed February 16th.
Would like to know what to expect.
Under the law, they are required to bill your health insurance. Do you know if the hospital is “in-network?” If so, then I would call your health carrier and tell them what the hospital is doing. If they are not in-network, then they still have to bill your insurance, but you might have a large balance since the hospital may not be required to take any contractual discounts. Otherwise, you may have to contact any attorney.
Can a hospital who filed a valid lien against a patient’s settlement proceeds settle with the third party’s insurance adjuster when the patient is represented by an attorney? What are the repercussions to the hospital if the hospital settles its bill with the third party’s insurance adjuster rather than waiting for an offer from the patient’s attorney? What if there is no assignment of benefits on file at the hospital for the patient or the hospital didn’t get the patient to sign on before discharge? Is that a concern at all, or does the hospital with a valid lien have a right to collect payment on its bill through whatever means?
I have heard of this happening before, but it is not very frequent. There is nothing prohibiting the insurance company or hospital from doing this. However, did the attorney send in a letter a representation before the payment? Also, in the letter of representation, did the attorney advise the insurance company that the attorney has a lien and assignment is connection with any proceeds paid out on the claim. If so, an argument can be made that the insurance company owes your attorneys fees out of the portion they paid to the hospital.
IT IS A VALID LIEN ?
what can I do or how can I get the hospital billing department to get the hospital lien off me. Because the settlement was been settle a year ago & they already get paid by my attorney with the agreement letter that they had signed . They’re file a hospital lien against me a year later after all this are settle a year ago. Plus they never send notice to me or my lawyer about the lien.
1) they file the lien a year after the case was settle
2) they never send me nor my lawyer a notice of the lien
3) I send them all the documents after I talk to them (agreement letter they sign & the cancel check they have cash ) that from my lawyer that pay them that they agreed with the amount.
4) They don’t want to talk me because they said they talk with my lawyer even though they have all the pay documents.
5) I can’t get any help from my lawyer after the case was done.
6) now both are hanging me dries, because after all me name is still on the lien at HARRIS COUNTY CLERK OFFICE.
7) HOW CAN I GET MY LAWYER TO HELP ME TO GET THIS LIEN OFF ME.
And HOW CAN I GET HOSPITAL BILLING DEPARTMENT TO DISCHARGE/RELEASE THIS INVALID LIEN OFF Me?
If I understand correctly, there was a hospital lien filed in your injury case. Your attorney negotiated the hospital lien and paid the agreed amount. However, the hospital will not release the lien. The hospital lien statute states that the hospital must release the lien once the lien has been satisfied. However, why are you so adamant about getting the lien released? Do you have another claim pending for the same accident or injury? Is the lien effecting your credit in some way? The lien does not have any legal effect against your credit or your property. It is only there to protect the hospital in case there is an sort of settlement in the initial injury case. Beyond that, the lien is really irrelevant.
Thank you for the information that you reply.
1) the hospital lien was file a year after the settlement & all party was paid.
2) hospital billing department still not release the lien even after I provided them with proves that they already been paid a year ago.
I don’t understand why didn’t they DISCHARGE / RELEASET HE LIEN.
3) Do you known How long that hospital lien will stay / stick on my record ?
4) To answer your question regarding need LIEN RELEASE. Because I don’t want to OWN anyone anything or have anything lien under my name ( especially is been paid ). I don’t want this LIENS cause me any problems in the future . This lien cause me many night of sleepless & worried.
5) Can I file a FRAUDULENT HOSPITAL LIEN AGAINST THEM? IF THEY DO NOT RELEASE THE LIEN ON ME ?
THANK YOU SO MUCH FOR ALL YOUR HELP.
I don’t understand why they don’t release the lien either. The only thing I can think of is that they want to protect themselves in case you might continue to pursue an injury claim for the same accident against another party. But even so, it sounds like they fully settled the lien anyway. So, yes, they should release the lien. But, at the same time, you should not be worried about this lien. It does not attach to any of your property or assets. It just sits there and does nothing (unless you still have a claim pending). Whether you can file a claim under the fraudulent lien statute is another matter. However, it might help if you hire an attorney to send a demand letter to the hospital threatening to file a lawsuit if the lien is not released immediately. That should get their attention.
I was in accident last February. My car rear ended and totaled by insurance (settled) and my initial hospital bill from accident night was around $16k with all Scans, MR etc. My health insurance (through my employer) paid of that immediately (they reduce to $12k) I also have some other medical bills around $5k and other paryt’s insurance company offers 22k for settlement. Which should be enough. My question is my private insurance didnt put any lien or something for the amount they paid already, after settlement, can they come after me? or since they didnt put any lien (has been more than 6 months after accident) does it mean they let it go?
Technically, they can come after you. They can also deny future benefits to cover what they would have been entitled to collect from your personal injury settlement. Whether they take these steps or not is unknown. It is quite possible that it may all fly under their radar. But there are never any guarantees. That is why hiring an experienced personal injury attorney would have helped. Your attorney would have been able to coordinate all these issues for you.
I was rear-ended in 2016 and went to a Freestanding Emergency Medical Care Facility to get examined. I didn’t receive any medical bills for some time, but later they filed a hospital lien? Are they allowed to do so even though they are not a ‘hospital’.
Before I used this facility, I asked if they took my medical insurance and if it was in network. The supervisor/front desk told me they honor what ever benefits they receive and do not do any ‘back-billing’. Further, they stated there are no surprise bills. This couldn’t be further than the truth. I even called back in 2018 and got the same answer (this time on a recorded line). After I complained to several “district managers” I was only told it was a ‘mistake’ but it made no difference and kept getting the runaround.
The person who rear-ended me did have insurance, however the insurance refused to pay the entire bill because it was not ‘reasonable’. Since we were nearing the 2 year mark, I had to file suit in small claims court which is in process now asking for 10k. I am representing myself.
My medical insurance paid a portion of the bill (but only at out of network rates) and the facility is still ‘back-billing’ me and issued a hospital lien. This facility has been very unreasonable but I will go back again to try to negotiate a reduction.
I am also looking into filing a complaint with the Texas medical board and Dept. of Ins.
The trial date keeps getting moved / delayed. I hope to settle in advance, but I really need to have the medical bill reduced.
A free-standing emergency clinic most likely would not qualify as a “hospital.” Therefore, any “lien” they file would be invalid. I would contact your health insurance carrier and find out if they are “in network.” If so, let them know what is going on and they might give you some guidance. Also, it is not a good idea to represent yourself in a car accident case. Especially since you are either coming up on your statute of limitations deadline or have already passed it. I recommend you call me for a free consultation, at the very least.
I was hit by an uninsured driver. The hospital already accepted payment from my medical insurance. Five months later they submitted a hospital lien. Can they put a hospital lien if they already accepted payment?
They can submit a hospital lien if there is a balance. But the more important question is whether the hospital lien will even matter. A hospital lien does not attach to proceeds from your own policy, including uninsured motorist payments.
Thank you! I went to the ER on October 5, but was not admitted to the hospital until October 24 when I had finger surgery. The lien would also be invalid because I was admitted more than 72 hours later, correct?
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