Detailed Answer
When you or your attorney faces medical liens after an accident in Connecticut, you can often reduce the amount you must pay and maximize your net recovery. Under Conn. Gen. Stat. § 52-184c, health care providers who treat you for personal injuries may file a lien against any settlement or judgment. But the statute does not lock you into full billed charges. You can negotiate significant reductions by following these steps:
- Obtain an Itemized Statement. Request a detailed invoice showing dates of service, procedure codes and individual charges. Compare these to standard fees in Connecticut and the Medicare or Medicaid fee schedules.
- Identify Unreasonable Charges. Scan the bill for duplicate entries, outdated codes or fees that exceed the state’s usual and customary range. Connecticut courts have approved reducing charges that far exceed prevailing rates.
- Reference Applicable Fee Schedules. Use the Medicare Physician Fee Schedule or Connecticut Medicaid fee schedule as a benchmark. Many providers accept 120–150% of Medicare rates in exchange for guaranteed payment.
- Leverage Statutory Limits. Under Conn. Gen. Stat. § 52-184c, the lien cannot exceed amounts reasonably due and payable. Cite the statute to support your reduction requests: https://www.cga.ct.gov/current/pub/chap_899.htm#sec_52-184c.
- Negotiate a Global Compromise. Offer a lump-sum payment (often 40–60% of billed charges). Providers often accept a substantial discount to avoid collection costs and uncertainty.
- Use Conditional Payments or Health Insurer Involvement. If Medicare or Medicaid paid for treatment, they may assert a lien or demand reimbursement. You can negotiate with them under the Medicare Secondary Payer rules to reduce their demand.
- Document All Agreements in Writing. Finalize any lien reduction by executing a written lien waiver or release. Ensure the waiver states the full satisfaction of the lien upon payment of the negotiated amount.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Always start your negotiations with a clear, itemized bill.
- Compare charges against Connecticut’s Medicaid fee schedule.
- Be polite but firm: most providers prefer a quick, partial payment.
- Get lien waivers drafted by your attorney before disbursing funds.
- Consider involving a mediator if direct negotiations stall.