How to Identify and Resolve Hospital or Insurer Liens Before Disbursing Settlement Funds in Vermont

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

When you obtain a settlement in Vermont for personal injury or workers’ compensation, you must identify all hospital and insurer liens before distributing funds. A lien gives a provider or insurer the right to claim part of your settlement to recover medical expenses. Follow these steps to ensure full compliance with Vermont law:

1. Identify Potential Lienholders

Review medical bills, insurance records, and case documents. Potential lienholders include:

  • Hospitals and clinics
  • Health insurers or third-party administrators
  • Medicaid or Medicare programs

2. Search for Hospital Liens

Under Vermont’s Hospital Lien Act, hospitals may file a lien on any judgment or settlement. To locate existing liens:

  • Visit the Superior Court Clerk’s office in the county where treatment occurred.
  • Search the lien docket for any recorded liens under 27 V.S.A. § 704 (27 V.S.A. § 704).

3. Obtain Lien Statements

Request a detailed lien statement from each provider’s legal or billing department. This statement should itemize:

  • Dates of service
  • Type of treatment
  • Total charges

4. Review Insurer Subrogation Rights

Health insurers often have subrogation or reimbursement rights under your policy. To confirm:

  • Submit a formal reimbursement demand to the insurer.
  • Review plan documents for subrogation clauses.
  • Under equitable subrogation principles, insurers may seek repayment from your recovery.

5. Verify Medicaid or Medicare Liens

State and federal programs hold statutory liens for benefits paid. For Medicaid:

  • Consult 33 V.S.A. § 3101 (33 V.S.A. § 3101).
  • Send a notice of settlement to the Department for Children and Families.

6. Negotiate or Contest Liens

If a lien appears unreasonable, you can negotiate or file a petition for reduction. Under 27 V.S.A. § 706 (27 V.S.A. § 706), you may request a court hearing on lien amount. Consider factors such as:

  • Reasonable value of services
  • Attorney fees and costs
  • Client’s net recovery

7. Secure Releases and Satisfaction

After agreeing on an amount, obtain a lien release or satisfaction document from each lienholder. Ensure:

  • The release specifies the exact amount paid.
  • You receive a fully executed release before disbursing funds.

8. Final Disbursement Accounting

Create a disbursement worksheet listing gross recovery, attorney fees, costs, and net amounts due to lienholders and the client. Issue payments in compliance with release instructions.

Disclaimer: This information is educational and not legal advice. Consult a Vermont-licensed attorney for advice tailored to your situation.

Helpful Hints

  • Start lien searches early to avoid delay in settlement.
  • Keep detailed records of all communications with lienholders.
  • Ask hospitals for prompt payoff quotes to lock in amounts.
  • Track deadlines for filing lien petitions under Vermont statutes.
  • Coordinate with your attorney to reflect lien payments in the settlement agreement.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.