lien Tag Archives — Alabama Injury Lawyer Blog

Published on: June 24, 2019

Alabama Legislature Addresses Hospital Lien Injustice

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.

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Published on: April 29, 2019

Medical Bills Raise Many Questions In Personal Injury Cases

By Jeff Blackwell

When I write a legal article, I never know whether it will gain reader interest. Some of the legal topics I find most fascinating, gain little or no reader interest. I’m often surprised at the articles generating the most readership and commentary.

One topic that always generates questions and commentary — Medical bills in accident and injury cases! I understand why. Medical bills are confusing and difficult to read. Every medical provider uses a different billing format. The charges vary widely. Who would think different hospitals could charge hugely different amounts for the same over-the-counter pain pill? Yet, they do.

On top of the medical charges, add the issue of health insurance and payment. Who pays? Blue Cross. Medicare. Tricare. Medicaid. Some other health plan. How much do they pay? Face it, each health plan pays differently. Most patients are confused by their medical bills when there is NO issue of any accident claim or lawsuit. I get it.

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Published on: March 25, 2019

Proposed Alabama Legislation Would Correct Hospital Lien Injustice

By Jeff Blackwell

You suffer injuries in a car accident. Paramedics arrive at the scene and carry you to the local hospital. When you arrive at the hospital, you provide your health insurance or Medicare information. You assume the bill is covered. Wrong. A few weeks later you receive a “hospital lien” in the mail. What?

Why is the hospital filing a lien against you and your car wreck claim? Why did the hospital refuse to bill your health insurance or Medicare? After all, you paid premiums (probably for years) for your health coverage. You paid premiums so you would have coverage when needed. I’ll tell you why the hospital refused to bill your insurance and filed a lien. Greed.

When you seek hospital treatment, the charges are inflated. Sometimes, they are greatly inflated. The hospital charges you inflated amounts knowing it will accept less (a reasonable amount) from health insurance. Look closely at your hospital lien paperwork! The hospital did NOT file a lien for the reasonable amount it always accepts from insurers or Medicare. No. The hospital filed a lien for the full, inflated charges. When you have an accident claim, Alabama law allows hospitals to file liens against your eventual settlement or recovery. Under existing Alabama law, the hospital has a right to collect those inflated amounts from any settlement of your car accident claim. So, hospitals often choose to file a lien rather than submit the bills to your health insurer.

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Published on: February 18, 2019

Five Bad Rules That Can Harm Your Alabama Car Accident Claim

By Jeff Blackwell

Hurt in a car wreck? Have a claim for your injuries? For most people, the rules and procedures are unfamiliar territory. Hopefully, a car crash injury is something you will never experience.

Each state has its own laws and rules related to car accidents. While most rules serve an important purpose, a few are unfair and unjust. Some of these unjust rules can unfairly harm your potential claim. Many of these unfair rules should have been changed long ago. Here are five bad rules that can unjustly harm your Alabama car crash claim:

I. Alabama Guest Passenger Statute

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Published on: October 15, 2018

Why Hospitals Charge Patients More In Automobile Injury Cases

By Jeff Blackwell

A recent article in an insurance industry periodical asks why hospitals charge auto insurers more than health insurers. The article then concludes hospitals use their market power against commercial insurers. Hospital charges are unfair. Hospitals regularly take advantage of people following automobile accidents. However, the insurance article asks the wrong question and reaches the wrong conclusion.

What is the correct question? The article should ask “why do patients with auto insurance claims pay more.” The real focus should be on the actual patients. After all, the patients ultimately bear the real cost of health care. And, patients seeking treatment following an automobile accident often pay more. The injured patient loses in two different ways. First, the patient probably paid health insurance premiums with the expectation of health coverage. Yet, their health insurance goes unused following a car accident or other personal injury. Second, the inflated medical charges not covered by your health insurance — These inflated charges were ultimately paid from the settlement money you needed to cover all your damages.

What is the correct conclusion? The article WRONGLY concludes the higher charges are the result of hospital market power. The article ends by quoting a professor at Johns Hopkins — “If market forces fail to generate a reasonable price for these patients, policymakers should step in to address this market failure.” I’m sure hospitals do use their market power to extract the highest reimbursement possible. However, we are NOT in this predicament solely because of true economic market power. At least not in Alabama. No, we are largely in this position because hospitals have already worked our actual policymakers to pass a law allowing them to place liens on medical care rather than simply bill health insurance. Policymakers have enacted special legislation giving hospitals the authority to interject themselves into liability cases for maximum payment. Let this special use of government legislative power sink in for a moment. Hospitals enjoy a lien privilege not held by others. It’s not called market forces or market failure when you use the political system to gain an unfair advantage. I call it an abuse of government that further harms people.

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Published on: March 12, 2018

Are Hospitals Treating Accident Victims Differently?

By Jeff Blackwell

Do Alabama hospitals treat accident victims differently? The short answer is, YES. If you are an accident victim, you can pay the price for the hospital’s actions. An article published earlier this year in another state tells the story. That story is titled “Man says hospital went after car crash settlement instead of insurance.” That story leads with the following:

You can’t tell the difference in the emergency room. It happens when the hospital is ready to collect its money.

Many of us have some type of health coverage. Blue Cross. Medicare. Tricare. United Health. You assume the hospital will first submit the bill to your health coverage provider. After all, you paid for the coverage. The hospital may even have a contract with your health provider requiring it to submit the bill. Yet, hospitals often treat accident victims differently.

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