Philadelphia, PA asked in Health Care Law, Collections and Consumer Law for Pennsylvania

Q: Does PA have an hospital/medical lien statute/code that regulates the filing of hospital liens? Are they allowed?

Are hospitals on PA allowed to file hospital liens on things such as auto accidents? Thank you!

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: Yes. Any health provider or health insurer that pays for medical treatment for an injuryhas a lien for any injury case that comes from the injury that required the treatment. In the case of car crashes the insurance on the car for medical coverage comes first. They don't have a lien. Medicare and Medical assistance, if they pay, have liens. Health insurance only has a lien if they are a "self funded" ERISA or Union plan. A lot of health insurers and companies that collect for them like a company called "socrates" claim they are "ERISA " plans but aren't at least by their tax returns. Finally, doctors and hospitals don't have acutomatic lins but if you agreed they do but it should be a the rate of 110% of the Medicare rate.

If you have an injury case do not attempt to resolve it yourself, or you could be on the hook!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.