Medical Lien Services

HEALTH PROVIDER LIENS ARE OUR BUSINESS

Collecting Hospital Liens is a unique legal service. THE HAMEROFF LAW FIRM has more than 27 years experience in the legal field, and has been filing hospital liens since 1997.

WE REVIEW, INVESTIGATE, FILE AND NEGOTIATE

Our office begins the lien investigation immediately when a patient is treated at a hospital.

Liens filed by THE HAMEROFF LAW FIRM aren’t just filed in the patient’s name. We probe the potential claim in order to obtain the police report, we contact the the tortfeasor, the tortfeasor’s insurance company, the patient, and the patient’s insurance company to find all the information needed to perfect a lien. We strive to determine the tortfeasor’s claim number and we mail a copy of the lien to the insurance company so they not only have constructive knowledge of the lien, but actual notice so, when it’s time to settle the case, the hospital’s name is listed on the check or a separate draft for the negotiated amount is issued directly to the hospital.

THE HAMEROFF LAW FIRM provides the information obtained to the hospital so that they can comply with the Medicare Secondary Payor rules.

THE HAMEROFF LAW FIRM prepares and files liens with the County Recorder’s Offices in accordance with the Arizona Revised Statutes and applicable case law.

THE HAMEROFF LAW FIRM maintains contact with the insurance company and the patient’s attorney until such time as the injured party’s claim is settled. Our office manages all communications with the insurance adjustors and attorneys, relieving the hospitals of their duty to provide copies of itemized bills, obtain HIPAA compliant authorizations to release information, or verify balances.

THE HAMEROFF LAW FIRM negotiates the lien with insurance companies and attorneys.

THE HAMEROFF LAW FIRM uses its 27 years of collection experience to maximize the hospital’s recovery, and in doing so complies with every aspect of the law as it applies to the various types of patients.

THE HAMEROFF LAW FIRM knows that the laws apply differently to every patient. Factors such as health insurance, provider contracts, state and federal statutes, and case law all impact how a lien must be perfected, negotiated and collected.

WHY USE HAMEROFF LAW FIRM TO FILE YOUR LIENS?

Investigating, perfecting, negotiating and collecting Hospital Liens is a unique legal service. Health Care Provider Lien Statutes have been interpreted by federal and state courts and the case law is ever evolving. Provider contracts, state and federal statutes, and case law mandate different rules be applied when dealing with an HMO, Medicare, Medicare Advantage, AHCCCS, Champus/Tricare or other type of insured patient. THE HAMEROFF LAW FIRM is not like other collection agencies. Other collection agencies and third party recovery companies claim their collection departments are equipped to file and settle hospital liens in addition to their standard functions of early out billing, health
insurance billing services, or collecting patient co-pays. At THE HAMEROFF LAW FIRM, we know hospital lien law and apply it uniquely based upon each patient in order to protect our client’s interest.

THE HAMEROFF LAW FIRM’S staff handles all the work for your hospital and eliminates the burden and expense of in-house staff. With access to your business office system we can review liens based on the hospital’s coding and CPT codes, and we obtain itemized bills and balances in order to provide the insurance companies and attorneys the necessary bills to complete the injury claim. From determining the viability of filing a lien to negotiating and releasing the lien, THE HAMEROFF LAW FIRM communicates and works with a hospital liaison towards to the mutual goal of maximizing recovery. THE HAMEROFF LAW FIRM will not wholesale file liens. Our committed staff invests the time to research the potential for payment BEFORE recording the lien. The time we invest researching liability insurance coverage eliminates wasted costs being spent by the hospitals to record liens where there is no insurance to assert the lien against.

While the past is no guarantee, nor a representation of future results, THE HAMEROFF LAW FIRM will be glad to use our 14 years of lien experience and know-how for you.

HOW THE VARIOUS HEALTH INSURANCES APPLY TO A HOSPITAL LIEN

Health Insurance
When a hospital treats a patient who carries private health insurance the hospital CAN still perfect a lien. The hospital is required to bill the health carrier for the services provided but may assert a hospital lien and collect the difference between the billed charges and the reimbursed amounts. A.R.S. § 33-931 grants hospitals authority to perfect a lien against third party claims despite health insurance reimbursement.

Our office has historically increased hospital revenues by collecting significantly more than what hospitals are ordinarily reimbursed by a health insurer.

Medicare
When treating a Medicare patient due to injuries received in an accident, hospitals are required by federal law to comply with the Medicare Secondary Payor [“MSP”] rules. In part, hospitals are mandated, prior to billing Medicare, to obtain all other insurance available to pay the medical expenses of the injured party, and, where applicable, bill the other insurance first. At THE HAMEROFF LAW FIRM we obtain the third party insurance information, submit the bills on behalf of the hospital, and provide all necessary insurance information to the hospital in order to comply with the MSP requirements.

A hospital MAY NOT bill Medicare and file a lien. The hospital is required to first bill the liability insurer. If the patient’s personal injury claim is not settled nor the hospital paid within 120 days, the hospital may then elect to either forego the lien and bill Medicare, or forego billing Medicare and pursue reimbursement from the third party carrier. A hospital may not do both.

Our aggressive approach to researching, perfecting and collecting liens on behalf of our clients returns reimbursement rates far favorable to that of Medicare.

Self Pay
THE HAMEROFF LAW FIRM has researched nearly 14,000 claims of self pay patients in order to perfect self pay liens on behalf of our clients. The “common fund reduction,” (a hospital’s requirement to reduce its lien by a percentage of the patient’s attorneys’ fees) is not applicable to a self pay patient. Labombard v. Samaritan Health Systems, 880 P. 2nd 682 does not apply when negotiating a self pay lien.