It’s been quite a year for the Alabama Legislature. Lost in the nationwide attention generated by other controversial legislation — Two proposals that directly impact Alabama personal injury cases. These include (1) proposed distracted driving hands-free legislation; and, (2) proposed hospital lien legislation. I’ve discussed both proposals in prior blog articles.
Hospital liens are a huge issue in Alabama personal injury cases. Many local hospitals (including Huntsville Hospital near my office) routinely slap liens on patients who might have a personal injury claim. If you have private health insurance, like Blue Cross, this can be very frustrating. When you go to the hospital or doctor, you expect your health insurance to cover the charges. After all, you probably paid premiums for that health coverage.
Yet, hospitals routinely ignore health insurance coverage in favor of asserting liens. For that matter, other medical providers (like chiropractors and physical therapists) try to work around health insurance whenever possible in personal injury cases as well. Although these other providers don’t have a protective statute like our hospital lien statute, they will routinely refuse to bill Blue Cross and instead try to get the patient to sign some direct agreement giving them a lien. We routinely hear how injury victims were manipulated by providers into agreements allowing inflated medical charges to be taken from their proceeds.