What To Do With Health Care Providers And Others That Have Liens On Your Recovery
“What is left over after everyone is paid?” This is the foremost question on most folks mind while discussing a settlement or proceeds after a jury verdict.
Many health care providers require a lien to protect them if you do not have funds or insurance to pay them. This helps keep their bills from going onto your credit report and allows you to obtain the care you need to continue your recovery.
Every private and governmental health care payer, including Insurance Companies, Blue Cross Blue Shield (BCBS), Tricare, Medicare, Medicaid, Social Security Disability, Florida Workers Compensation, Federal Workers Compensation, and others have a contract or statutory law with strict guidelines for reimbursing them.
In a recent case, BCBS had paid out over two million dollars in health care expenses. In addition to that, our client was picked up for Social Security Disability, which has a statutory lien to be reimbursed for what they have or will pay out over her lifetime. In the underlying medical malpractice case, the doctor only had one million dollars in total coverage.
“Who gets paid what?” “Is there any way to help the client?” The answer is yes, but it is complicated with minefields everywhere. One misstep will expose the client and the lawyer to possible civil suit for multiples of the lien amounts due under the recovery. This is an obvious source of distress for any person injured by the neglect of another.
In spite of the mountains we are all required to climb, our legal team works with everyone involved under specific rules, regulations, guidelines, and communication to ensure that everyone is protected.