Strategies to Negotiate Medical Liens and Maximize Recovery in New Hampshire

Detailed Answer

When you sustain injuries due to another party’s negligence, New Hampshire law grants certain medical providers a lien on your settlement or judgment. Under NH RSA 507-D:2, health care providers who treat you for injury-related services may file a lien against any recovery you obtain from a third party. However, these liens are negotiable. By applying targeted strategies, you can reduce lien amounts and retain more of your award.

1. Verify Lien Validity and Amounts

Start by requesting an itemized statement that details each charge and service date. Under NH RSA 507-D:2, the lien must specify treatment dates and amounts. Review these figures closely to spot duplicated charges, billing errors or services unrelated to your injury.

2. Leverage Medicare, Medicaid or Insurance Write-Offs

Often, medical providers accept reduced rates from Medicare or private insurers. You can demand that they apply comparable discounts to your lien. Show proof of what insurers paid for similar services and request a proportional reduction in the billed amount.

3. Negotiate a Percentage Reduction

Many providers will accept a lump-sum payment at a lowered rate instead of pursuing full lien collection. Propose paying 30–60% of the stated lien. Back your offer with a realistic appraisal of your total settlement amount and potential legal costs if they press for full payment.

4. Use a Lien Resolution Service

Consider engaging a professional lien resolution company. These firms specialize in negotiating medical bills and typically secure reductions of 50–80%. While they charge a fee or percentage of savings, their expertise can deliver significant net benefit.

5. Challenge Unreasonable or Unrelated Charges

If a provider billed for services outside your injury scope—or after you recovered—formally dispute these items. Provide medical records and correspondence to substantiate your challenge. In many cases, providers drop or slash contested charges.

6. Structure Your Settlement

When possible, allocate settlement funds among medical expenses, lost wages and pain and suffering in your release agreement. Liens typically attach only to medical expense portions. By earmarking a larger share to non-medical damages, you shield more money from lien claims.

Helpful Hints

• Request itemized billing promptly to spot errors early.
• Compare charges against NH Medicaid fee schedules.
• Keep all treatment records organized and accessible.
• Get settlement allocation language approved by your attorney.
• Communicate in writing and keep copies of all correspondence.

Disclaimer

This article offers general information on New Hampshire law and does not constitute legal advice. For guidance tailored to your situation, consult a qualified attorney.