How to Find a Doctor or Facility That Will Treat You on a Lien Basis in Kentucky
Quick answer: A medical provider who treats you on a lien (often called a medical lien, letter of protection, or assignment) agrees to be paid from any future personal injury recovery instead of collecting from you immediately. In Kentucky, many orthopedic surgeons, pain clinics, chiropractors, and some hospitals or urgent-care clinics will accept lien arrangements, but acceptance is not guaranteed. The fastest, safest route is to contact a personal injury attorney early; attorneys can often connect you with providers who routinely accept liens and can also help protect your legal rights. This article explains how lien arrangements work, how to find providers in Kentucky, what to ask, and what risks to watch for.
What is treating on a lien basis (letter of protection)?
Treating on a lien basis means the medical provider agrees to postpone billing you and will instead seek payment from any insurance settlement or lawsuit recovery related to your injury. Common terms you may hear:
- Medical lien: A claim the provider asserts against your personal injury recovery.
- Letter of Protection (LOP): A written promise from your attorney (or sometimes from you) asking the provider to defer payment until the case resolves.
- Assignment of benefits: You assign part of your settlement proceeds directly to the provider.
How lien treatment generally works in Kentucky
Kentucky does not require providers to accept lien arrangements. Whether a provider will agree depends on the provider type, the expected cost of treatment, the strength of your case, and whether an attorney is involved. Typical flow:
- You seek treatment and request the provider treat you on lien or accept an LOP.
- The provider may ask for an attorney to sign an LOP or will require documentation showing a pending claim.
- If treatment continues, the provider documents medical records and bills and preserves a claim for payment from any recovery.
- At settlement or judgment, the provider is paid from proceeds according to any written agreement or applicable law.
Practical steps to find a Kentucky provider who will accept a lien
Follow these steps to improve your chances and protect your recovery.
1. Contact a personal injury attorney quickly
Many providers will accept a letter of protection only if an attorney signs it. An attorney can:
- Provide an LOP and a credibility check to the provider.
- Refer you to medical providers who routinely accept liens.
- Handle negotiations about how medical bills will be paid from settlement proceeds.
2. Ask directly for providers who accept liens
Call local clinics, orthopedic groups, pain management offices, and chiropractic offices. Use plain language: “I have a personal injury claim and need treatment on a lien or with a letter of protection. Do you accept that?” When you call, be ready to provide:
- A brief description of your injury and how it occurred.
- Whether you already have an attorney (name and contact if available).
- Any relevant insurance information (your health insurance or the defendant’s liability insurer if known).
3. Check hospital and urgent care policies
Large hospitals may have charity care or financial assistance programs and may be more reluctant to accept liens for extensive inpatient care. Smaller specialty practices (orthopedics, pain, physical therapy) are often more likely to accept liens—but policies vary. Always ask whether the provider accepts letters of protection or lien arrangements and whether they have a standard lien form.
4. Get the agreement in writing
If a provider agrees to treat on lien, get a written agreement that spells out:
- That the provider will accept payment from your personal injury recovery.
- Whether they will accept less than full billed charges if you obtain a settlement.
- Any interest, collection fees, or mediation requirements.
- How medical records and bills will be provided to your attorney.
5. Be prepared to negotiate
Some providers will accept a lien only if you agree to a percentage reduction in their bill, or if your attorney agrees to place a portion of recovery into escrow for bill resolution. Know that hospitals and specialists often expect to be paid first from net proceeds.
6. Use alternative resources if lien care is not available
If providers refuse liens, consider:
- Seeing free or low-cost community clinics or health department services.
- Applying for hospital charity care or financial assistance.
- Using your health insurance (if available) and preserving subrogation issues for your attorney to address later.
What to watch out for — common pitfalls in Kentucky
- No universal protection: Providers who accept liens are not guaranteed payment until your case settles; you could remain personally responsible if your case fails.
- Priority of bills: Medical providers may assert liens or claims against settlement proceeds, and some may seek payment before attorney fees or other costs—this can lead to disputes.
- Written terms matter: Oral promises are risky. Always obtain a written LOP or lien agreement and give a copy to your attorney.
- Insurance and subrogation: If your health insurance pays bills, the insurer may have rights to reimbursement from your recovery. Tell your attorney about any insurer involvement.
- Timing: Do not delay medical care because of payment concerns. Prompt diagnosis and treatment protect both your health and the strength of your claim.
How an attorney helps resolve medical liens
An attorney can:
- Negotiate reductions with providers and hospitals.
- Coordinate payments so medical providers are paid from settlement proceeds.
- Address subrogation claims from health insurers and Medicare/Medicaid, which may require repayment from your recovery.
- Help prioritize payments and reduce the risk that medical bills swallow most of your settlement.
Kentucky-specific resources
For Kentucky law and statute research, you can search the Kentucky Revised Statutes online. Use the official Kentucky Legislature statutes site to search terms like “lien,” “assignment,” or “hospital” to see any applicable statutes: https://apps.legislature.ky.gov/statutes/
For consumer guidance, consider contacting the Kentucky Bar Association or local legal aid to find free or low-cost referrals: https://www.kybar.org
Helpful hints
- Start the process immediately. Early attorney involvement increases your chances of getting lien-based treatment.
- Keep careful records: dates of treatment, names of providers, copies of any LOP or lien agreement, and all medical bills and records.
- Ask each provider whether they will accept a letter of protection or a medical lien, and whether they have a standard lien form.
- Ask how they handle collections, interest, and reductions—some practices will accept less than full billed charges if you obtain a reasonable settlement.
- Tell any provider if you have health insurance; the provider may bill insurance first and then treat the balance as liened.
- Confirm that the provider will send records to your attorney; good documentation strengthens both treatment and your claim.
- If you cannot find a lien provider, use community health resources and document your injuries thoroughly so your claim stays strong.
Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. Laws and procedures vary by situation and can change. Consult a licensed Kentucky personal injury attorney about your specific case before relying on this information.