A hospital claim of lien arises after you visit an ER at a hospital following your accident, and one of the following is true:
- You did not have health insurance or were unable to pay at the time services were rendered.
- Your health insurance only covered part of your hospital bill.
- The hospital became aware that a third-party is responsible and has decided not to submit the bill to your insurance company.
Unsettled hospital liens – or any kind of medical debt – can be problematic for many reasons. Here are five tips that may help you:
Tip #1: Make certain that a lien actually exists.
Unscrupulous debt collectors or other fraudsters may have sent you a notice that you have a lien as a measure to pressure you into making a payment. In Florida, whether a hospital can file a lien is determined by the county in which you received treatment. To find out if you have a medical or hospital lien, contact the clerk of courts within that county.
Tip #2: Did the hospital notify you of the lien?
Most counties have written into their lien laws that the hospital, not the county, has the responsibility to notify you. Therefore, if the hospital has failed to provide notice or if it has notified the wrong person, a lawyer may be able to help have the lien claim against you removed.
Tip #3: Find out the exact balance of the hospital bill.
To know where you stand, you have to find out how much you owe. Often hospitals overbill or fail to file with your insurance company, Medicare or Medicaid. This means that they are filing lien for the wrong amount. a lawyer should audit your hospital bill to ensure that it is accurate.
Tip #4: Reduce the bill for any unrelated charges or uncredited payments, co-pays, insurance payments, etc.
If you find that any payments have not been credited on the bill, including co-payments or payments from insurers, the hospital must remove these amounts from the lien amount.
Tip #5: Consult a lawyer to help you make further reductions of your bill.
Resolving a hospital lien is a complicated matter that often requires the knowledge of an experienced lawyer in order to receive the best possible outcome. To protect your property and ensure that your rights are upheld, seek legal assistance as soon as possible. Lawyers at Nowack & Olson, PLLC, can help.
FAQs
Although the state law was declared unconstitutional, county lien ordinances were not. The state of Florida allows each county within the state to enact its own hospital lien statutes. As you might expect, the county ordinances vary quite a bit with various timelines and methods of perfection being required.
What happens if I don't pay a hospital bill in Florida? ›
If you don't pay your medical debt in Florida, the collection agency or hospital can take legal action against you. This could include late fees and interest charges, as well as possible lawsuits and garnishments of wages. Furthermore, not paying your medical debt could have a negative impact on your credit score.
How to get a hospital lien removed in Florida? ›
Paying off the medical debt in full is a straightforward way to have the lien removed. Keep records of payment and request a lien release document from the hospital. File a Lawsuit. If you believe the lien is unjustified or inaccurately placed, you may need to file a lawsuit to challenge its validity.
Can unpaid medical bills put a lien on your house in Florida? ›
In Florida, hospitals have the right to file a lien against a patient's property if they provide medical treatment related to a personal injury claim and if the county has enacted a code allowing hospital liens.
What is a hospital lien in Florida? ›
Under Florida law, certain medical providers are permitted to assert liens on personal injury settlements. In this context, a hospital lien is just a fancy way of saying that the hospital wants to be paid for services rendered and has claimed its right to be paid.
Can a hospital sue you for unpaid medical bills in Florida? ›
Because medical debt is sometimes thought of to be less important than credit cards or other outstanding bills, many people think they can simply ignore it. Ignoring the Debt leads to collection and then ultimately, sometimes to a lawsuit against you.
Can you be sued for medical debt in Florida? ›
If the medical bill is yours, it is accurate, and you owe the money, then debt collectors can contact you to try to collect it. They may sue you to recover the money—and if they win the lawsuit, they could garnish your wages or place a lien on your home.
What is the statute of limitations on medical debt in Florida? ›
It's essential to understand your legal rights and options. In Florida, the statute of limitations for medical debt is five years. After this period has expired, a creditor or collector can no longer sue the debtor for the debt.
What is the statute of limitations on unpaid medical bills in Florida? ›
The statute of limitations for medical debt in Florida is five years. Florida statutes do not provide a separate category for collection of medical debts. A hospital or other medical provider will have five years to file a lawsuit for unpaid medical bills starting from the date of the unpaid invoice or bill.
How do I fight a lien in Florida? ›
Contesting A Lien
An owner has a right to file a Notice of Contest of Lien during the one-year period. Upon the filing of a Notice of Contest of Lien, a lienor must file a lawsuit to enforce the lien within 60 days. Failure of the lienor to timely file a lawsuit renders the lien invalid.
How long does a judgment lien last in Florida? A judgment lien in Florida will remain attached to the debtor's property (even if the property changes hands) for ten years (real estate lien) or five years (personal property lien).
How long does it take for a lien to be removed in Florida? ›
After you've found a lien and complete tax history, the lien can be removed through the payment of debts. If the lien can be released by the IRS, it will be within 30 to 60 days. However, mechanics' liens need to be released by the creditor.
Can you lose your home because of medical bills? ›
Foreclosure or forced sale: A creditor can repossess and sell a patient's home to pay off their medical debt. Often, creditors are required to obtain a court order to do so.
Do unpaid medical bills affect your credit in Florida? ›
Paid medical collections don't appear on credit reports. Once the waiting period is over, the collection account will pop up on your credit profile. Unless you pay the collectors, it will stay there for seven years and can negatively affect your scores.
What makes a lien invalid in Florida? ›
In Florida, a Claim of Lien is valid for one year after it has been recorded. Failure to foreclose the claim of lien within this time frame will invalidate the lien and the right to file a claim will be lost.
What is the statute of lien claims in Florida? ›
Florida Statutes Section 713.08(5) provides that a "claim of lien may be recorded at any time during the progress of the work or thereafter but not later than 90 days after the final furnishing of the labor or service or materials by lienor." The parties had agreed that the contractor would oversee work performed by ...
What is the statute of lien in Florida? ›
According to Florida Statute 713, Part 1, anyone who works on your property or provides materials and is not paid in full has a right to enforce their claim for payment against your property.
How long can a medical debt be collected in Florida? ›
In Florida, the statute of limitations on medical debt is five years.
What is the statute of limitations on hospital bills in Florida? ›
The statute of limitations for medical debt in Florida is five years. Florida statutes do not provide a separate category for collection of medical debts. A hospital or other medical provider will have five years to file a lawsuit for unpaid medical bills starting from the date of the unpaid invoice or bill.
