Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Understanding Medical Liens in Montana
Medical liens allow health care providers to secure payment directly from your personal injury recovery. In Montana, hospitals and other medical providers may file a statutory lien under Mont. Code Ann. § 71-6-1901 et seq. (link).
Step 1: Identify All Potential Liens
Gather itemized statements from every medical provider. Check court dockets and records for any filed lien notices in your case.
Step 2: Verify Validity and Priority
Confirm each provider met Montana’s notice requirements. Most liens must be filed within 90 days of the last treatment under Mont. Code Ann. § 71-6-1903 (link).
Step 3: Negotiate Lien Reductions
Many providers offer reduced rates for prompt payment or financial hardship. Submit written requests with supporting documents to negotiate lower balances.
Step 4: Secure Lien Releases
Once you allocate funds to pay a lien, obtain a written lien release or waiver. Without a release, your settlement funds may remain encumbered.
Step 5: Finalize Settlement and Disburse Payments
When you settle your personal injury claim, your attorney or settlement administrator typically holds lien funds in escrow. After court approval, the escrow agent distributes payments to each provider, fully satisfying valid liens.
Helpful Hints
- Request all medical records and billing statements early in your case.
- Track treatment dates to comply with Montana’s filing deadlines.
- Ask providers about self-pay or early-pay discounts.
- Use an escrow account to manage lien disbursements.
- Review your settlement ledger carefully to confirm each lien is marked paid or released.