Can I get medical treatment on a lien for a New York personal injury claim?
Short answer: Yes — many New York medical providers (hospitals, clinics, chiropractors, urgent care centers, and some specialty offices) will provide treatment and agree to a medical lien or assignment so they can be paid from any settlement or judgment. The exact process, paperwork, and protections vary. This article explains how liens typically work in New York, where to look for providers who accept liens, what paperwork you should expect, and practical tips to protect your recovery.
Important disclaimer
This is general information and not legal advice. I am not a lawyer. For legal advice about your case, lien priority, or signing documents, consult a licensed New York attorney.
How medical liens generally work in New York
A medical lien is an agreement (or, in limited situations, a statutory lien) that lets a medical provider recover medical bills from any money you later receive for your injury (settlement or judgment). In New York there are both contract-based medical liens/assignments and specific hospital lien rules. For an overview of New York’s lien statute, see the New York Lien Law: N.Y. Lien Law (full text). For example, hospitals and certain providers may have statutory lien rights spelled out in that law.
Who commonly treats on a lien? (Providers to contact)
- Hospital emergency departments and trauma centers (often treat first; billing departments decide later about liens).
- Personal-injury-focused orthopedic surgeons and pain clinics (some accept liens when an attorney is involved).
- Chiropractors and physical therapists — many commonly accept liens for personal injury patients.
- Urgent care centers and community health clinics — some will defer payment or accept a lien in serious cases.
- Diagnostic imaging centers (MRI, CT) — occasionally will place liens to be paid from recovery.
Step-by-step: How to find a provider willing to treat on a lien
- Get medical attention promptly. If you need emergency care, go to the nearest ER. Emergency care cannot be refused for lack of payment.
- Tell the intake or billing staff you have a personal injury claim and ask whether they accept a lien or assignment. Use plain language: “I was injured in an accident and I am pursuing a personal injury claim. Will you provide treatment now and place a lien or accept assignment to be paid from any settlement or judgment?”
- Ask if they have a standard medical lien agreement or assignment form. Many practices have a written form that explains the amount due, any interest, and how they will seek payment from your recovery.
- Contact local personal injury attorneys for referrals. Many PI attorneys maintain lists of doctors and clinics that routinely accept liens and will refer clients. If you don’t have an attorney, ask attorneys if they will refer you to lien-friendly providers even before you hire.
- Call hospital billing or patient financial services. Hospitals sometimes have statutory lien procedures; billing can tell you whether the hospital will assert a lien or work with you on an assignment.
- Search for clinics advertising “treats on lien” or “medical liens” in your area. Many providers explicitly advertise that they will accept personal injury liens or payment on settlement.
- Confirm scope of treatment and limits up front. Ask whether all services (imaging, specialists, physical therapy) will be included in the lien, or only the treating office’s bills.
What paperwork and terms to expect
Providers commonly ask you to sign one or more documents:
- Medical lien or assignment of benefits: This authorizes the provider to assert a claim against your settlement or judgment for payment.
- HIPAA authorization and records release: Allows the provider (and often your lawyer) to obtain and share medical records.
- Financial responsibility agreement: Some providers will treat you and place a lien but reserve the right to bill you personally if a recovery does not occur or if the provider decides not to pursue the lien.
Key issues to watch for before you sign
- Ask for a written lien agreement. Oral promises are risky. Get the exact language of any assignment or lien in writing.
- Understand whether the provider insists on an assignment (they are assigned a portion of your recovery) or a lien (a claim against the recovery). The difference can affect settlement negotiation and priority of payments.
- Check whether the provider will accept a percentage or a reduced itemized amount. Many providers expect to be paid from the recovery and may have their own usual discount for lien cases.
- Find out who pays for collections or legal costs if the provider has to sue to enforce the lien.
- Confirm whether the provider requires you to sign a document allowing them to communicate with your attorney or insurance company. This is normal and useful.
How a medical lien interacts with your personal injury lawyer
Most medical providers prefer that an attorney handle the case because attorneys streamline recovery and payment. Common practices:
- Your lawyer negotiates with the provider to reduce the billed amount and resolve the lien at settlement.
- Providers may wait to be paid until the case settles; an attorney can confirm lien priority and ensure funds are distributed correctly.
- Before signing any lien agreement, tell the provider if you plan to hire an attorney and give their contact details.
Timing and priority — what you need to know
Priority between liens, attorney fees, and other creditors depends on the wording of agreements and applicable law. Hospitals may have different rights than individual physicians. To learn more about New York’s lien framework, start with the state Lien Law: N.Y. Lien Law. If multiple providers assert liens, your attorney can negotiate a fair allocation from the settlement.
Practical tips to protect your recovery
- Keep careful records of all medical treatment, bills, and lien/assignment documents.
- Get every lien agreement in writing and request an itemized bill for each provider.
- Do not sign away your right to hire counsel or lock yourself into a deal that prevents negotiation at settlement.
- Ask potential providers whether they will accept a reduced lien amount once the case resolves — many routinely negotiate discounts.
- If you have no attorney, ask providers whether they will still place a lien; some will treat on lien only if a lawyer is involved, others will treat on an agreement that you personally repay if there is no recovery.
Where to look for help and referrals in New York
- Ask local personal injury attorneys for referrals to clinicians who routinely accept liens.
- Call hospital patient financial services or billing offices and ask about lien policies.
- Search online for “medical lien” or “treat on lien” plus your city or county in New York.
- Contact the New York State Bar Association or local bar referral services for attorney referrals if you need a lawyer to handle negotiation: NYSBA.
When to consult a New York attorney
Consult a New York personal injury lawyer if any of the following are true:
- You have substantial medical bills and not hiring an attorney would risk not collecting adequate compensation.
- Multiple providers assert liens and you are unsure which will get paid first.
- A provider threatens to bill you personally if your claim is not successful.
- You are asked to sign complex assignment language you do not understand.
Helpful hints
- Do not delay needed medical care because of payment concerns — emergency departments must treat you.
- Ask each provider whether they will treat on lien before receiving non-emergency services.
- Get the provider’s lien form and an itemized estimate of charges before treatment when possible.
- Keep copies of the signed lien/assignment and all medical records; give copies to any attorney you hire.
- Be cautious of providers that require you to sign language giving them full control of your settlement or obligating you to pay regardless of recovery.
- Remember that a medical lien does not create new insurance—if you have PIP (personal injury protection) or other coverage, the provider may bill those insurers first.
Where to read the law
General New York lien statutes and related provisions can be found at the New York State Legislature website: N.Y. Lien Law (NYS Legislative website). If you need to confirm hospital-specific lien rights or a provider’s statutory priority, review the Lien Law text and consult a New York attorney.
If you want, I can: summarize and explain a specific lien agreement you received, list common providers in New York City or upstate New York that advertise lien service, or draft questions to ask a medical billing office. Tell me which you prefer.