Kansas: How to Find a Doctor or Facility That Will Treat You on a Lien or Letter of Protection | Kansas Estate Planning | FastCounsel
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Kansas: How to Find a Doctor or Facility That Will Treat You on a Lien or Letter of Protection

Finding a Doctor or Facility That Will Treat You on a Lien Basis in Kansas

Quick answer: In Kansas you can often get medical treatment for a personal injury on a lien or by using a written Letter of Protection (LOP). Providers who accept liens agree to wait for payment from any settlement or judgment in your case. To find such providers, focus on personal injury attorneys’ referral lists, medical providers who regularly treat accident victims, hospital billing departments that accept hospital liens, and clear written agreements before treatment begins.

Detailed answer — how liens and Letters of Protection work in Kansas and how to find a willing provider

What a lien or Letter of Protection (LOP) is

A lien or LOP is an agreement between you and a medical provider. The provider treats you now and agrees to seek payment from any settlement or court award you later obtain from the party responsible for your injury. An LOP is typically a written promise that the provider will accept payment from any recovery. A provider lien may also be recorded or asserted to secure the provider’s claim against your recovery.

Legal context in Kansas

Kansas law recognizes mechanisms for creditors to assert claims for payment. If you want to review state statutes, use the Kansas statutes site to search for terms like “lien,” “hospital lien,” or “medical services lien”: https://www.ksrevisor.org/statutes/. For general questions about civil procedure and liens, the Kansas Legislature site is also useful: https://www.kslegislature.org/.

Step-by-step: how to find a Kansas doctor or facility that will treat on a lien/LOP

  1. Contact a personal injury attorney early. Many providers will only accept an LOP when a licensed attorney represents you and agrees to protect the provider’s claim from your settlement. Attorneys typically have lists of local doctors, chiropractors, and facilities that are familiar with LOPs and medical liens.
  2. Ask the attorney for recommended medical providers. Attorneys who handle personal injury cases routinely refer clients to providers who will treat on lien. If you do not have an attorney, call several personal injury attorneys and ask if they will accept your case or refer you to a provider that accepts an LOP.
  3. Call local clinics and specialists who treat accident victims. Orthopedists, physical therapists, pain management clinics, and urgent care centers in communities with active personal injury practices commonly accept LOPs or liens. When you call, explain you have a personal injury claim and ask whether they accept patients on an LOP and what documentation they require.
  4. Contact hospital billing or revenue departments. Hospitals sometimes accept deferred payment arrangements or will assert a hospital lien. Ask the hospital’s business office whether they accept treatment on an LOP and whether they file liens that would attach to a future settlement or judgment.
  5. Get everything in writing. If a provider agrees to treat you, ask for a written LOP or lien agreement that spells out the provider’s right to be paid from any recovery, the percentage or amount the provider will seek, how charges and fees are computed, and whether the provider will accept a reduced rate if the case settles. Do not rely on verbal promises.
  6. Confirm whether the provider will file a lien or wait for the attorney to do so. Some providers record liens or liens against recovery; others simply rely on the attorney’s agreement to hold back funds at settlement. Make sure you understand the provider’s intended method of securing payment.
  7. Provide necessary authorizations and keep records. Providers will usually require a signed medical records release and an LOP signed by you (and sometimes by your attorney). Keep copies of all forms, bills, and communications.
  8. Watch for subrogation, Medicare/Medicaid, or private health-plan claims. If your medical expenses were paid by an insurer such as Medicare, Medicaid, or a private health plan, those payors may have rights to be reimbursed from your settlement. Tell your provider and attorney if you have secondary payors so they can handle those claims.
  9. Negotiate reasonable fee terms up front. Ask whether the provider will accept a reduced medical lien amount if the case settles for less than expected. Providers sometimes accept a discount to facilitate settlement.
  10. Confirm any timing issues tied to statutes of limitation. Kansas limits the time to sue for personal injury. If you delay medical care and miss the deadline to bring a lawsuit, providers may not be able to secure payment from a recovery that never happens. Speak with an attorney promptly. (For more on Kansas civil deadlines, see the statutes search: https://www.ksrevisor.org/statutes/.)

What if a provider refuses to accept an LOP?

Some providers will not accept medical liens or LOPs because of billing rules, prior experience with unpaid liens, or concern about collection delays. If a provider refuses:

  • Ask for alternatives: reduced upfront fees, payment plans, or a smaller lien amount.
  • Contact other providers on an attorney’s referral list.
  • Consider paying some initial diagnostic tests out-of-pocket to get necessary care while you pursue an attorney and LOPs for follow-up care.

Practical tips for working with providers and your attorney

  • Have an attorney-approved LOP form before treatment. Many providers will only sign forms created or approved by counsel.
  • Ask whether the provider claims a right to attorney’s fees or interest if the lien is contested.
  • Confirm who will pay for unpaid co-pays or non-covered services if the settlement does not fully cover billed amounts.
  • Maintain good communication: keep your attorney and providers updated on case progress and settlement efforts.

Helpful Hints

  • Start the search immediately after the injury. Early documentation helps both your medical care and your claim.
  • If you cannot afford immediate care, ask emergency rooms about deferred billing or low-cost clinics while you arrange representation.
  • Use the Kansas Bar Association referral service to find local personal injury attorneys: https://ksbar.org/.
  • Get the LOP or lien in writing and keep copies of all medical bills, treatment notes, and communications.
  • Tell the provider if Medicare, Medicaid, or an insurer already paid any part of your care—those payors may have reimbursement claims against your settlement.
  • Ask potential providers whether they have experience with Kansas personal injury cases and whether they routinely accept LOPs.

When to get legal help

If you cannot find a provider willing to treat on lien, if a provider disputes payment from your settlement, or if you receive a demand from a health plan or government program for reimbursement, talk to a Kansas personal injury attorney. An attorney can negotiate provider liens, protect settlement funds, and address competing claims from payors.

Disclaimer: This article explains general information about getting medical treatment on a lien or Letter of Protection in Kansas. It is educational only and does not constitute legal advice. Laws change and every case differs. Consult a licensed Kansas attorney for advice about your specific situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.