Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Understanding Missouri’s Medical Lien Law
In Missouri, health care providers who treat you for injuries caused by a third party can file a lien on your personal injury recovery. Under Mo. Rev. Stat. § 431.213, any professional, hospital or nursing service that furnishes care for injuries inflicted by a third person has a lien on the proceeds of any verdict, judgment or settlement. To be valid, the lien must be filed within 90 days after the last date of treatment. (Mo. Rev. Stat. § 431.213.)
When You Must Pay Your Liens
If a provider files a valid lien under § 431.213, you must satisfy that lien from your settlement before distributing funds to yourself or other parties. Typically, settlement proceeds flow first to your attorney to pay court costs and attorneys’ fees, then to medical providers to clear liens, and finally to you.
Negotiating or Challenging a Lien
You and your attorney can review each lien for accuracy and reasonableness. Missouri courts may reduce liens that exceed the fair value of services rendered. You can also negotiate directly with the provider or request a hearing to contest excessive charges.
Health Insurer Subrogation Rights
If your health insurer paid for your care, it may assert subrogation or reimbursement rights under your policy. Missouri law allows insurers to pursue reimbursement from your settlement, but ERISA or state anti-subrogation statutes may limit the amount your plan can recover.
Helpful Hints
- Request an itemized bill for each medical lien and compare it to your billing statements.
- Confirm that each provider filed its lien within 90 days of your last treatment under Mo. Rev. Stat. § 431.213.
- Negotiate lien balances—providers often accept less than billed amounts.
- Review your health insurance policy for subrogation or reimbursement terms.
- Keep detailed records of all medical treatment dates and invoices.
- Work with your attorney to allocate settlement funds properly and avoid disputes.