Detailed Answer
Under Nevada law, a health care provider or hospital that treats you after a car crash or other personal injury may file a lien against any settlement or judgment you recover. Nevada Revised Statutes (NRS) 428.350 (Lien for services for care and treatment of persons injured in accident) authorizes a medical provider to record a lien on your recovery. In practical terms, if you settle or win a personal injury case, you must satisfy valid medical liens before distributing funds to yourself or other parties.
How Medical Liens Work in Nevada
- Filing Deadline: The provider must serve notice of the lien by certified mail within 1 year of the date of injury (NRS 428.360).
- Scope of Lien: The lien covers reasonable charges for medical, hospital, surgical or nursing services related to the injury.
- Enforcement: If you settle or obtain a judgment, the court can withhold funds to pay the lien and distribute the remainder to you.
Do You Have to Pay?
Yes. Nevada law requires you to pay valid medical liens from your gross settlement or judgment before you receive any distribution. However, you may negotiate lien reductions directly with the provider, or challenge the lien’s validity if:
- The provider did not timely file the lien as required by NRS 428.360 (leg.state.nv.us/NRS/NRS-428.html#NRS428Sec360).
- The billed charges exceed usual and customary rates for similar services in your area.
- You received treatment unrelated to the injury claimed in your personal injury case.
Handling Federal and Medicare Liens
If Medicare or Medicaid paid for your treatment, federal law requires repayment of subrogation claims from your settlement. You must coordinate with the Centers for Medicare & Medicaid Services (CMS) or state Medicaid agency to obtain a conditional payment demand and negotiate the final amount.
Steps to Protect Your Rights
- Request a written itemized statement of all medical bills and liens.
- Confirm that each lien was properly filed and served under NRS Chapter 428 (leg.state.nv.us/NRS/NRS-428.html).
- Negotiate reductions or payment plans if the charges seem excessive.
- Consult with a qualified personal injury attorney to help you resolve disputes and ensure lien compliance.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.
Helpful Hints
- Always keep copies of all medical billing statements and lien notices.
- Verify lien status early in your case to avoid surprises at settlement.
- Ask providers if they offer lien reductions or discounts for cash payment.
- Check Medicare Secondary Payer rules if you have federal health coverage.
- Consider mediation to resolve lien disputes quickly and cost-effectively.