Jason Saltzman’s Post

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Personal Injury and Wrongful Death Attorney at Montlick & Associates

Last year, Governor Kemp signed into law an amendment to the hospital lien statute O.C.G.A. §44-14-471 (adding § c) regarding hospitals’ rights to file liens against patients’ personal injury cases: “No filing of a claim or lien under this part shall be enforceable unless the person, firm, hospital authority, or corporation operating a hospital, nursing home, physician practice, chiropractic practice, or traumatic burn care medical practice filing such claim or lien first submitted a claim to each health insurer of the injured person, if such injured person has health insurance coverage, and had such claim rejected.” Amazingly, there are still a lot of hospital groups completely disregarding this law, and allowing patients’ health insurance timely filing deadlines to elapse, claiming that they should get paid out of the personal injury case instead (which means for them more money on their inflated bills). They’re even in some cases making arguments that this law does not apply to patients with Medicare/Medicaid. First off, it’s a silly argument to suggest that Medicare and Medicaid are not health insurance. However, the more common behavior is for the hospital to assert that under federal law Medicare and Medicaid are “payors of last resort”. Aside from the fact that the above phrase means something much different than what the hospitals allege with respect to third party liability claims, Georgia’s hospital lien law is not affected by any Federal statutes. There is no so-called “Federal preemption” of states’ laws regarding guidelines to filing hospital liens. We shouldn’t agree to pay these hospitals when they violate state law and file unenforceable liens, and should instead threaten to sue to extinguish their liens. If they don’t capitulate, do it! It’s more money in our clients’ pockets.

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