Disclaimer: This information is for educational purposes only and does not constitute legal advice.
Detailed Answer
Understanding Medical Liens in Massachusetts
In Massachusetts, hospitals and certain health care providers can place a lien on your personal injury recovery under M.G.L. c. 175, § 47. This lien secures payment for services you received due to an accident or injury. To enforce it, the provider must file a petition in court—typically within two years of your last treatment—per § 48. After filing, the court can order you or your insurer to pay the billed amounts, subject to any valid negotiations or disputes.
Step 1: Identify All Potential Liens
Gather records of every medical provider who treated you: hospitals, imaging centers, ambulance services, rehabilitation clinics and labs. Check your insurance Explanation of Benefits (EOBs) for any unpaid portions. Unpaid balances may trigger statutory liens.
Step 2: Obtain Itemized Statements
Request a detailed billing statement from each provider. This statement should list dates of service, CPT codes and charges. Compare these charges to your insurer’s payments. Massachusetts law requires an itemized statement to verify the lien amount (M.G.L. c. 175, § 49).
Step 3: Verify Lien Validity and Amount
Confirm that each claim falls within the statutory timeframes and that the provider properly filed its notice. Ensure the billed services relate directly to your covered injury. Dispute any charges for unrelated or unrendered services.
Step 4: Negotiate Reductions
Most providers will negotiate lien amounts. Health care providers often accept lower sums in exchange for prompt payment. Use your attorney’s experience and knowledge of usual-and-customary rates to seek discounts or write-offs.
Step 5: Secure Releases or Satisfaction Documents
Once you reach an agreement, obtain a written lien release or satisfaction agreement from each provider. This document confirms full satisfaction and removes the lien from your settlement. Keep originals for court filings.
Step 6: Reflect Liens in Your Settlement
When finalizing your personal injury settlement, list each lien and payment in the settlement documents. Courts will want to ensure all secured claims are resolved before disbursing net proceeds to you. Your attorney should submit lien releases alongside the proposed settlement for court approval.
Helpful Hints
- Start li︣en review early: address medical bills before settlement negotiations begin.
- Keep organized records of all bills, EOBs and correspondence with providers.
- Ask providers for their standard lien reduction policy or financial hardship discounts.
- Use official lien release forms to ensure clear title to your recovery.
- Confirm that each lien release is signed by an authorized representative of the provider.
- Include all lien resolutions in your final court filings to avoid post-settlement disputes.