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
Answered
  • 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!

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