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How a Healthcare Lien Affects Your Injury Settlement

Episode 107: Calloway County injury attorney Jeff Roberts explains how a healthcare lien affects your settlement. This is a situation that may surprise you if you’ve been injured, settled your claim and received your settlement check. If the healthcare lien hasn’t been resolved, it might not be time to celebrate. What Is a Healthcare Lien? If you’ve been involved in an injury resulting from someone’s negligence, you probably sought medical treatment. If your health insurance paid for any of the treatment, the insurance carrier has a right to be reimbursed for the expenses it paid on your behalf. The health insurance carrier will place a lien on your settlement, to ensure they are reimbursed. The negligent person is liable for at least a portion (if not all) of your medical bills. Once that claim is settled, the lien will be asserted. A Healthcare Lien Is Fairly Common It’s not uncommon for a healthcare lien to be involved in a personal injury claim. Jeff deals with this issue in nearly every car wreck case he handles. Do I Have to Pay the Healthcare Lien if the Accident Wasn’t My Fault? In Kentucky, you are responsible for paying the lien. Again, your attorney should be aware of any and all liens that would have been placed against your settlement. Medicare or Medicaid might not come after their proceeds until 6 months or more after you’ve settled you case. Make sure you reserve enough settlement funds to pay the healthcare lien. Your attorney will walk you through this issue, so it doesn’t cause a problem later. Work with an Experienced Injury Attorney The healthcare insurance carrier has a right to be informed. There are processes for notifying the carrier and specific windows of time during which it should happen. Why Would You Use Your Health Insurance if the Accident Wasn’t Your Fault? In a car wreck case, in Kentucky you generally have PIP coverage (also called no-fault coverage). The vehicle you’re in pays the first $10,000 of medical expenses, lost wages and other specific damages. Jeff advises clients to reserve the PIP benefits by telling the PIP insurance carrier not to pay any of the bills until they are authorized by the client. Your health insurance can handle the medical bills, initially. It may be possible to negotiate a lower amount for repayment. Once that lower amount has been negotiated, Jeff will advise the client to authorize the PIP carrier to pay that lower amount. This process may end up allowing the injured client to keep more of the settlement. Healthcare Liens Should Be Covered in Your Settlement Release If you and your attorney are able to settle you injury claim, you’ll sign a settlement release, releasing the at-fault party from any further liability. There will be specific language in the document stating that you will now be responsible for paying back any claims related to benefits paid to you or on your behalf. This is clause covers any existing healthcare liens. It releases the at-fault party from additional financial liability for paying for these benefits. Understanding and managing any healthcare liens is so important. Medicare and Medicaid assert federal liens. Medicare can go after anyone who took possession of the settlement funds, including the insurance company, the defense attorney representing the at-fault party, the injured person’s attorney and the injured person. Dealing with a Healthcare Lien in a Workers’ Compensation Case If you’re on the job and you get injured as a result of the negligence of another person (not a co-worker), you have a workers’ comp claim and a potential claim against the third party. If you're successful in settling the third-party claim, workers’ comp is entitled to recovering the cost of the medical expenses it paid, on your behalf. When the workers’ comp carrier doesn't want to pay for a surgery or other procedure, Jeff and his client can use the individual’s health insurance to enable them to begin recovering more quickly. Later, workers’ comp is required to reimburse the health insurance party. The client is reimbursed for any co-pays or deductibles. How Are Attorney Fees Handled in an Injury Claim? Jeff is only paid if he is successful in the case. He’s paid at the end of the case, once it’s been resolved. The fee is based on a percentage of the settlement/verdict. Jeff advances the costs related to gathering the evidence, presenting your case, expert witness fees, medical records fees, deposition costs, filing fees, etc. Those expenses will be paid from the settlement/verdict. Is It Time to Speak with an Attorney about Your Injury Claim? The office phone number is (270) 753-0053. Visit http://www.JeffRobertsLaw.com. Podcast provides information and is not legal advice. Principal office: 509 Main Street, Murray. Jim Ray is a non-attorney spokesperson. This is an advertisement.