Steps to Identify and Resolve Hospital or Insurer Liens in Nevada

Detailed Answer

Before you can safely disburse settlement funds, you must confirm that no valid liens exist against your recovery. In Nevada, hospitals and certain medical providers may claim liens under NRS Chapter 108, and insurers may assert subrogation or reimbursement rights under your health plan. Follow these steps to identify and resolve liens:

1. Compile a List of Medical Providers. Ask your attorney to collect all treatment records, billing statements and provider contacts, including hospitals, urgent care facilities, labs, and imaging centers.
2. Search County Recorder’s Records. Look for liens filed under NRS 108.470, which authorizes hospitals and certain providers to record liens for unpaid charges.
3. Obtain Lien Notices and Itemized Statements. Nevada law (NRS 108.475) sets timing and form requirements for lien claims. Request copies of each notice and an itemized bill from every provider claiming a lien.
4. Request Insurer Subrogation Statements. Contact your health insurer for a detailed subrogation or reimbursement statement. Review your policy’s subrogation clause and any deadline for asserting rights.
5. Validate the Lien Amounts. Compare billing dates, services rendered, and notice dates against statute requirements. Make sure providers complied with NRS Chapter 108 procedures.
6. Negotiate Reductions. Nevada courts recognize that billed charges may exceed fair market value. Many providers will accept a negotiated payment in exchange for a lien release.
7. Obtain Lien Releases or Satisfaction Documents. Before funds are distributed, secure a signed release or satisfaction of lien. Under NRS 108.562, the provider must record the discharge with the county.
8. Allocate Settlement Proceeds. Work with your attorney to ensure valid lienholders are paid directly from the settlement and that you retain the correct net amount.
9. File Court Stipulations (if Applicable). If your case is in litigation, file stipulations or a joint motion to approve settlement and satisfaction of liens with the court.
10. Maintain Documentation. Keep copies of all lien searches, notices, releases, and subrogation statements in your file. These records protect you from potential future claims.

Helpful Hints

• Begin lien searches as soon as you receive demand letters to avoid settlement delays.
• Use a formal demand letter to prompt timely subrogation responses from insurers.
• Request a detailed breakdown of “out-of-pocket” expenses from each provider.
• Discuss any negotiated reductions with your attorney before agreeing.
• Consider a structured settlement if you expect future medical liens.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney in Nevada to discuss the specifics of your situation.