Disclaimer: This article is for educational purposes and does not constitute legal advice. Always consult a qualified attorney for advice on your specific situation.
Detailed Answer
Under Nebraska law, medical providers and government agencies can assert liens against a personal injury recovery to recoup expenses paid on your behalf. Key statutes include the Medicaid lien under Neb. Rev. Stat. § 44-2814 and the Hospital Lien Act at Neb. Rev. Stat. § 52-1201 et seq.. Private health insurers often pursue subrogation under contract or equitable subrogation.
- Identify all liens. Request lien statements from Medicaid, hospitals, nursing homes, physicians and private insurers. Compare statements to your medical records.
- Verify validity and priority. Check each lien’s compliance with Nebraska’s filing deadlines (often within 90 days of the last treatment). Confirm the amount claimed matches your bills.
- Request itemized bills and releases. Ask each lienholder for an itemized billing ledger and a written lien release upon payment.
- Negotiate reductions. Many providers will accept less than the full billed amount. Submit a written offer and attempt to resolve any billing disputes.
- Allocate settlement funds. Before disbursing net recovery to claimants, instruct your settlement administrator or attorney to escrow sufficient funds to satisfy each lien.
- Pay liens and obtain releases. Issue payment directly to each lienholder and obtain a formal release or satisfaction of lien document.
- File proof of satisfaction. If required by court order or statute, file lien releases with the court or record their satisfaction with the county clerk.
Helpful Hints
- Start lien clearance early: Begin as soon as you have a settlement offer.
- Maintain detailed records: Keep copies of all correspondences, bills and releases.
- Confirm deadlines: Nebraska’s lien statutes impose strict timing requirements.
- Consider professional help: A personal injury attorney or settlement administrator can streamline the process.
- Watch out for subrogation clauses: Your health insurance plan may demand reimbursement.
- Get written proof: Never disburse funds until you hold a valid release document.