Private Medical and MassHealth Liens Made Simple

Abstract

This article, published in similar form in a practitioners' journal in 2008, discusses two of the most commonly asserted liens in Massachusetts personal injury cases: (1) private medical liens, including those asserted by private insurers, hospitals, and medical professional corporations; and (2) MassHealth liens, which are asserted against individuals who receive coverage through the Commonwealth's version of the Medicaid program. For both private medical and MassHealth liens, this article explains how the liens come into existence, how they are enforced, and how attorneys can effectively negotiate for their reduction on behalf of a client.

Keywords: massachusetts, medicare, medicaid, masshealth, lien, personal injury, tort

JEL Classification: K13