Frequently Asked: Getting Medical Care on a Lien Basis in California
Short answer: Many medical providers in California will treat an injured person on a lien basis (also called a medical or provider lien) so the provider can be paid from the personal injury settlement or judgment. To obtain care on lien, you typically work with a personal injury attorney or contact providers that advertise lien acceptance, get a written lien agreement, document your care, and coordinate billing and negotiations before settlement.
Detailed answer — what a lien-based arrangement is and how to find a provider
What paying on a lien means: A medical lien is an agreement in which a medical provider agrees to treat you now and be paid later from the proceeds of a personal injury recovery (settlement or judgment). The provider does not always guarantee it will be paid, and terms vary by provider. Lien arrangements let injured people get treatment when they cannot or do not want to pay up front.
Who commonly treats on lien: Emergency departments, hospitals, chiropractors, urgent care clinics, orthopedic surgeons, physical therapists, pain management doctors, diagnostic imaging centers, and some specialty clinics often will accept lien arrangements. Not every provider or facility will accept liens; acceptance depends on the provider’s policies, billing department, and prior experience working with personal injury cases.
Step-by-step process to find and secure care on lien
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Get a case evaluation from a personal injury attorney (recommended):
An attorney who handles personal injury cases can often: (a) refer you to medical providers who accept liens; (b) coordinate medical records and billing; and (c) negotiate reduced medical bills before settlement. Many personal injury attorneys work on contingency and have relationships with lien providers.
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Search locally for “medical lien” or “treat on lien” providers:
Search online for phrases like “treat on lien,” “medical lien accepted,” or “personal injury lien” plus your city or county. Look at clinic websites and online listings. Ask injury lawyers and other patients for referrals.
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Call and speak with the provider’s billing or intake staff:
Ask directly whether they accept lien-based treatment for personal injury matters. If yes, ask how their lien process works, what documentation they will need, whether they require a retainer or upfront copayment, and how they handle unpaid balances if the case recovers nothing.
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Obtain a written lien agreement before treatment:
Never rely on verbal promises. A proper lien agreement should state what services are covered, who the lien is between, whether interest or collection or attorney fees will be added, and what portion of your recovery the provider will claim. Keep copies of all documents.
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Document your treatment and maintain records:
Get itemized billing, copies of medical records, and diagnostic reports. These items will be necessary to prove the medical necessity of treatment to insurers, opposing parties, and a court if needed.
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Coordinate billing and communications with your attorney:
A lawyer can send providers a letter of representation, help resolve billing disputes, and negotiate liens down. They can also advise how lien priority interacts with attorney fees and case costs.
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Negotiate lien balances before settlement:
Providers frequently accept reduced payments in exchange for prompt payment at settlement. Your attorney typically negotiates these reductions as part of the settlement process.
Typical items to confirm before agreeing to treatment on lien
- Is the lien a written, signed document?
- Does the lien specify percentage or dollar claim against settlement proceeds?
- Will the provider accept a negotiated reduction at settlement?
- Are there any upfront charges, copays, or deposits?
- How will billing statements and medical records be delivered to you and your attorney?
- Who will file the lien or claim against settlement funds?
Sample hypothetical to illustrate
Maria is injured in a car crash in California. She cannot pay out of pocket. Her personal injury attorney refers her to an orthopedic clinic that regularly accepts medical liens. Maria signs a written lien agreement that states the clinic will be paid from her future settlement and that the clinic may accept a reduced amount if negotiated. The clinic documents all care and bills the attorney when the case resolves. After settlement, the clinic accepts a negotiated payment and releases its lien.
Practical tips specific to California
California providers and plaintiffs commonly use written lien agreements and negotiated reductions. Many California personal injury firms and medical networks are experienced with lien treatments. If you are uninsured or underinsured, seek out clinics and attorneys that regularly work together on lien cases.
Important: Lien policies vary. Some providers will not take cases where liability is unclear or where prior medical care is required to establish the link between the injury and the treatment. Hospitals and specialty providers may have stricter policies and may require partial payment or a formal arrangement with your attorney.
When you should definitely get an attorney involved
Get a personal injury attorney if:
- The other party disputes liability.
- Your injuries are significant or require surgery, long-term rehabilitation, or ongoing care.
- Multiple providers have liens or hospital billing is involved.
- Insurers or providers contest the reasonableness and necessity of care.
Risks and red flags
- Verbal promises only — always get a written lien agreement.
- Providers who refuse to provide itemized bills or records.
- Very aggressive billing practices, high interest rates, or penalties in the lien agreement.
- Providers that will not negotiate or have a history of placing excessive liens.
Bottom line: You can often get medical treatment on lien in California, but you must confirm the provider’s lien policy, get a clear written agreement, document your care, and — ideally — work with a personal injury attorney who can coordinate care and negotiate bills at settlement.
Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney‑client relationship. If you need legal advice about a specific case, consult a licensed California personal injury attorney.
Helpful Hints
- Ask an attorney for a referral — many plaintiff attorneys maintain lists of lien-friendly providers.
- Get the lien terms in writing before treatment. Do not rely on verbal assurances.
- Keep a file with all medical records, itemized bills, lien agreements, and correspondence with providers and insurers.
- Request an itemized bill after each visit so your attorney can evaluate charges early.
- Negotiate lien amounts before settlement — providers often accept less than billed if paid promptly from settlement funds.
- If a provider refuses lien treatment, ask whether they will accept a payment plan or partial payment instead.
- Be cautious of providers who demand outrageous percentages of your recovery; get a second opinion or an attorney’s input.
- If your case is uninsured motorist (UM) or has complex medical billing, inform your attorney so they can plan lien resolution strategies.
- Confirm whether the provider will allow your attorney to withhold a portion of settlement proceeds to satisfy liens and legal fees in the proper order.