Disclaimer: This article provides general information and does not constitute legal advice.
Detailed Answer
Understanding Medical Liens in Ohio
In Ohio, healthcare providers can secure payment through liens on your personal injury recovery. A medical lien gives a provider a legal claim against any settlement or judgment you receive from a third party. You must satisfy valid liens before distributing your settlement funds.
Statutory Hospital Liens
Under Ohio Revised Code § 2303.201, hospitals and certain public entities have a lien on your cause of action for charges incurred while treating your injuries. The lien attaches when the hospital files notice with the clerk of courts within 30 days of your last treatment. See Ohio Rev. Code § 2303.201.
Liens for Professional Services
Ohio Revised Code § 2323.45 allows physicians, surgeons, dentists, and other licensed professionals to preserve a lien on your settlement or judgment. To perfect the lien, the provider must notify you and file notice with the clerk of courts within 90 days after the last date of service. See Ohio Rev. Code § 2323.45.
Assignments and Subrogation Rights
If you sign an assignment of benefits, you authorize your insurer or attorney to pay medical bills directly from your recovery. Federal programs like Medicare and Medicaid also claim repayment rights under 42 U.S.C. § 1396k and 42 C.F.R. Part 433.
Responsibility to Pay Liens
You must pay valid medical liens out of your gross settlement before calculating attorneys’ fees and costs. Your attorney will typically handle lien negotiations and obtain lien waivers or reductions when possible.
Consequences of Nonpayment
If you fail to satisfy a recorded lien, the provider may sue you personally, enforce interest penalties, or seek contempt. Courts may also sanction your attorney for failing to protect your interests.
Helpful Hints
- Review all lien notices promptly and check filing deadlines.
- Discuss lien resolution strategies with your attorney early.
- Request lien reductions based on Medicare or Medicaid fee schedules.
- Keep clear records of all medical bills and payments.
- Verify that your attorney allocates settlement funds correctly.