Articles Posted in Liens

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Many people in Massachusetts have health coverage through Blue Cross Blue Shield. Following a personal injury event (car accident, slip and fall, etc.) Blue Cross may pay a portion of your medical bills. If you receive a settlement at the end of your case, then Blue Cross has the legal right to obtain from you its share of money they paid to your medical providers on your behalf. This right arises from the contract of insurance that you have with Blue Cross. In my experience working with Blue Cross, they will typically reduce their lien by 10%.
Therefore, if you are involved in a personal injury accident in Massachusetts, and you have Blue Cross insurance coverage, expect to pay them back for the medical bills they paid on your behalf, out of your settlement.

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Many people in Massachusetts have Mass Health coverage.  For those people on Mass Health who recover compensation from a personal injury case, Mass Health has a right to be paid back.  They have a right to be paid back for medical bills they paid on behalf of the injury victim.  Many times Mass Health will reduce and negotiate their lien when an attorney is involved.  By law, Mass Health's lien is automatic and notice of the lien does not have to be provided to the injury victim, or his/her attorney in order for the lien to be enforceable. 

The insurance company that is paying the money will run a check to verify whether or not Mass Health has a lien.  If a Mass Health lien does pop up, the insurance company will either name Mass Health on the settlement check, or, will agree to not name Mass Health on the check if they are provided with a conditional release of lien issued by Mass Health.   

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Yes.   If you have been injured in a Massachusetts slip and fall accident, and you have MassHealth coverage, and MassHealth pays for your medical bills, they will have a lien against monies you obtain via settlement.  A lien means MassHealth has an enforceable legal interest in money that you recover from the person or company that injured you.

However, often MassHealth will reduce their lien prior to the time of settlement.  Your Massachusetts personal injury lawyer will know how to effectively negotiate with MassHealth in order to reduce the amount of money you have to pay them.  Of course, when negotiating any lien, it is imperative to negotiate before settlement.  If negotiation occurs after settlement, your attorney does not have any negotiation leverage.   That is because MassHealth knows that the case is settled, and they will expect to be reimbursed for the money they paid out on your behalf.

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Yes.   If you have been injured in a Massachusetts motor vehicle accident, slip and fall accident, or any other kind of accident, and MassHealth pays for your medical bills, they will have a lien on any monies you obtain via settlement.  A lien means MassHealth has an enforceable legal interest in money that you recover from the person or company that injured you.

However, often MassHealth will reduce their lien prior to the time of settlement.  Your Massachusetts personal injury lawyer will know how to effectively negotiate with MassHealth in order to reduce the amount of money you have to pay them.  Of course, when negotiating any lien, it is imperative to negotiate before settlement.  If negotiation occurs after settlement, your attorney does not have any negotiation leverage.   That is because MassHealth knows that the case is settled, and they will expect to be reimbursed for the money they paid out on your behalf.

Published on:

Many people in Massachusetts have health coverage through Blue Cross Blue Shield.  Following a personal injury event (car accident, slip and fall, etc.) Blue Cross may pay a portion of your medical bills.  If you receive a settlement at the end of your case, then Blue Cross has the legal right to obtain from you its share of money they paid to your medical providers on your behalf.  This right arises from the contract of insurance that you have with Blue Cross.  In my experience working with Blue Cross, they will typically reduce their lien by 10%. 

Therefore, if you are involved in a personal injury accident in Massachusetts, and you have Blue Cross insurance coverage, expect to pay them back for the medical bills they paid on your behalf, out of your settlement.

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