Can I get medical treatment on a lien for a personal injury case in Maine?
Short answer: Yes — many medical providers and facilities will treat an injured person on a medical lien (also called a lien agreement or treatment-on-credit) for a personal injury matter, but availability varies by provider, by the patient’s insurance and public benefits, and by the provider’s policies. This article explains how medical liens typically work, how to find providers in Maine who accept them, what paperwork you’ll need, and practical tips to increase your chances of receiving care.
Disclaimer
This article is informational only and is not legal advice. I am not a lawyer. If you need legal advice about your specific case, contact a qualified Maine personal injury attorney or legal aid. For Maine laws and statutes, see the Maine Legislature website: https://legislature.maine.gov/.
Detailed answer — how medical liens work and what to expect in Maine
When you are injured because of someone else’s negligence, a medical provider can agree to treat you now and be paid later out of any settlement or court award. That agreement is usually a written medical lien or assignment that gives the provider a right to be paid from the proceeds you recover. In practice:
- Providers may offer a formal written lien, an assignment of benefits, or a signed agreement promising payment from a future recovery.
- Some providers will insist on seeing that you are working with a personal injury attorney before they accept a lien. Others will accept a lien without an attorney, though they may require more documentation or a higher fee.
- Public benefits (MaineCare/Medicaid, Medicare) and private insurance affect lien handling. Providers must follow federal rules (for Medicare) and may need to protect their ability to be reimbursed from other sources.
- Hospitals and large health systems are less likely to accept indefinite liens for full-cost care without clear repayment assurances. Smaller clinics, urgent care centers, chiropractors, and certain specialists may be more flexible.
Key legal and practical considerations
- Payment priority: A provider’s lien does not automatically make them first in line for every dollar recovered. Lien priority can depend on the lien language, other creditors (including Medicare/Medicaid), and agreements between parties.
- Medicare and MaineCare: If you receive federal Medicare or state MaineCare benefits, those programs may have subrogation or recovery rights against your settlement. Notify your provider and your attorney so these issues can be handled properly.
- Documentation: Providers will want a signed lien/assignment, medical records release, and sometimes a letter from your attorney or a contingency fee agreement showing how funds will be distributed.
- Timing: Providers often expect at least a partial resolution (settlement or judgment) before receiving payment. That means they may have an outstanding balance on their books for months while your case proceeds.
How to find a doctor or facility in Maine that will treat on lien
Follow these practical steps to locate providers who accept medical liens:
- Contact personal injury attorneys. Many Maine personal injury lawyers keep lists of medical providers who routinely treat clients on liens. Tell the attorney you need medical treatment now and ask for a referral. If you do not want to hire an attorney immediately, ask whether the attorney will provide a short referral letter for medical treatment.
- Search for “treatment on lien” or “medical lien” locally. Use search phrases such as “medical lien Maine,” “personal injury clinic lien Maine,” or “treatment on lien near me.” Clinics that accept liens often advertise that service.
- Call trauma centers and hospital billing departments. If you need emergency care, hospitals must treat you. For follow-up care, ask the hospital’s billing office about lien agreements or self-pay plans that they will accept with an executed lien/assignment.
- Ask urgent care centers, specialists and chiropractors. These smaller providers sometimes accept liens more readily than large hospitals. Be specific: state you have a personal injury claim and ask if they accept an assignment or lien for unpaid balances until settlement.
- Contact community health centers and legal aid clinics. Some community clinics offer low-cost care or deferred payment plans; legal aid organizations can help with referrals and explain how to protect MaineCare/Medicaid and other benefits in a recovery.
- Request a written lien agreement before treatment. Never rely on a verbal promise. Ask the provider for a written lien/assignment form that explains how and when they will be paid from your recovery, and what happens if you never recover money.
What to ask providers when you call
- Do you accept treatment on a medical lien or assignment for personal injury cases?
- Will you treat me now and bill the provider only if I obtain a settlement or judgment?
- Do you require that I have an attorney before you accept a lien?
- Will you put the lien in writing? Can I get a copy before treatment?
- How will you handle Medicare, MaineCare, or private insurance if they are involved?
What paperwork and evidence providers typically require
When a provider agrees to treat on lien, expect to sign or provide:
- A written lien or assignment of right to payment from any settlement or judgment;
- An authorization for release of medical records so the provider (and your lawyer) can document treatment related to the injury;
- Proof of identity; insurance information (if any); and contact info for your attorney, if you have one;
- A clear description of which bills are covered by the lien and whether the lien covers only treatment related to the specific injury or all balances with that provider.
How an attorney helps — and what to expect on fees
An experienced Maine personal injury attorney can:
- Provide direct referrals to providers who accept liens;
- Negotiate reductions of medical bills before settlement;
- Ensure provider liens are properly filed and resolved in the settlement so you and the provider receive correct payment;
- Handle Medicare/MaineCare subrogation claims so you are not surprised by repayment demands later.
Attorney fees are usually charged on a contingency basis in personal injury cases (a percentage of recovery). The attorney’s contingency fee is separate from provider liens. Your attorney should explain how settlement funds will be split among attorney fees, medical liens, liens by public benefits, and your net recovery.
Red flags — things to avoid
- Do not sign a lien that gives the provider a larger share of your settlement than is reasonable or that binds you to pay even if you get nothing from the case.
- Avoid providers who refuse to put the lien agreement in writing.
- Be cautious if a provider demands immediate payment up front while promising to credit you later — get terms in writing.
Helpful Hints
- Ask for a written lien before any non-emergency care. A clear document protects you and the provider.
- Tell the provider about Medicare or MaineCare right away so subrogation rules can be handled properly.
- If you can, get a short referral or “care now” letter from a personal injury attorney — many providers accept a provider lien if an attorney confirms they are representing you or are willing to represent you.
- Keep copies of all medical records, bills, lien forms, and communications about your care.
- Consider starting with providers known to work with injured plaintiffs (chiropractors, orthopedic urgent care clinics, pain management specialists, or ER follow-up clinics).
- Be transparent about other creditors or liens so your attorney can plan settlement distribution accurately.
Where to look for more help in Maine
Use these resources to find attorneys and consumer information:
- Maine Legislature (statutes and legal resources): https://legislature.maine.gov/
- Maine state government main site (health & human services info): https://www.maine.gov/
- If you are low-income, contact legal aid or a local community health center for help navigating care and public-benefit issues.
Final practical checklist before you get care on a lien
- Confirm provider will accept a medical lien and request a written agreement.
- Get the provider’s lien form and read it — ask for clarification on unclear terms.
- Tell the provider about any public benefits (MaineCare/Medicare) and give them your attorney’s contact if you have one.
- Keep copies of everything and notify your attorney (or consult one) before signing liens that affect settlement proceeds.
If you would like, I can provide a short checklist email template to send to providers or a sample list of questions to ask when you call clinics in Maine.