Detailed Answer
Before you finalize a personal injury settlement in Minnesota, you must satisfy all medical bill liens. Medical providers and payers secure repayment through hospital liens, Medical Assistance liens, Medicare conditional payment demands, and private-insurer subrogation rights. Follow these steps to ensure a clean distribution of your recovery:
- Identify potential liens
- Hospital and provider liens: Under the Minnesota Hospital Lien Act, hospitals may file liens against your injury claim. See Minn. Stat. § 325E.32.
- Medical Assistance (Medicaid): The state holds a lien on any personal injury recovery to recoup medical assistance benefits. See Minn. Stat. § 256B.059, subd. 9.
- Medicare: Federal law requires repayment of any conditional payments. Request a conditional payment letter from CMS.
- Private health insurers: Many policies include subrogation or reimbursement clauses.
- Request lien statements and verification
- Send each hospital and provider a written request for a detailed statement of charges and lien amounts.
- Request a statement of Medical Assistance benefits paid to date from the Minnesota Department of Human Services under Minn. Stat. § 256B.059.
- Contact the Medicare Secondary Payer Recovery Contractor for a conditional payment notice.
- Notify your private insurer and obtain a subrogation statement.
- Review and negotiate
- Compare each lien statement against your billing records.
- Negotiate reductions—providers often accept discounted payoffs in exchange for prompt payment.
- Keep written records of all communications.
- Place funds in escrow
Deposit your settlement proceeds in a trust or escrow account while you verify and negotiate each lien. This step ensures funds remain available to satisfy liens and protects all parties.
- Satisfy liens and secure releases
- Pay each verified lien from the escrow account.
- Obtain a lien waiver or release letter from each hospital, the Department of Human Services, and Medicare.
- Get a subrogation release from your private insurer, if applicable.
- Finalize distribution
After all liens and reimbursement demands are satisfied and you hold written releases, distribute the remaining settlement proceeds according to your agreement.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Start lien verification early—statute deadlines can expire quickly.
- Use certified mail when requesting lien statements to establish proof of notice.
- Keep precise records of all payoff calculations and negotiations.
- Engage a legal or financial professional to hold funds in escrow.
- Double-check that you receive a written release for every lien before disbursing funds.