Hospital Puts Lien On Accident Victim’s Insurance Settlement

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Sara Routhier

Sr. Director of Content

Sara Routhier, Senior Director of Content, has professional experience as an educator, SEO specialist, and content marketer. She has over 10 years of experience in the insurance industry. As a researcher, data nerd, writer, and editor, she strives to curate educational, enlightening articles that provide you with the must-know facts and best-kept secrets within the overwhelming world of insurance....

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Sara Routhier

Updated July 2023

Car accidents involving serious injuries more often than not also involve serious dollars. Insurance settlements, car accident lawsuits and any number of other tangential costs can drive the total dollar amount attributable to a serious car accident into the millions. One of the largest portions of the total dollar amount is often attributable to medical bills. Emergency services, ambulances, surgeries, extended hospital stays, follow-up care—these things are expensive, and while many car accident victims have health insurance that cover their expenses, hospitals don’t always recoup as much of their cost as they’d like. Saint Luke’s Health System, based in the Kansas City area, ran afoul of the courts when it began declining insurance payouts in favor of placing liens on the potential proceeds from car accident settlements and car accident lawsuits.

Patient Class Action Lawsuit Against St. Luke’s

St. Luke’s, in a bid to avoid pre-negotiated payments from insurance companies, declined to bill the health insurance of 930 former patients and instead sought reimbursement—and a much higher rate—from a patient’s car accident settlement. Three former patients filed a class action suit in Jackson County, MO that resulted in a $3.5 million payout (not including attorney fees) and a promise from St. Luke’s never to engage in such dubious practices ever again.

Liens On Accident Settlements Yield Higher Compensation for Hospitals

Hospitals such as St. Luke’s, which are part of larger health systems comprised of several facilities, have pre-negotiated rates with insurance companies. Their billing rates to those insurance companies are generally capped. Car accident lawsuits routinely result in settlements in the high six figures or even millions. St. Luke’s sought to boost revenues by declining to accept the insurance of accident victims (and the pre-negotiated rates their insurance companies would pay) in favor of placing liens on any potential proceeds procured through a car accident lawsuit. The problem, however, is that car accident settlement funds are intended to compensate the victims—not create a revenue bump for a hospital providing care.

St. Luke’s May Not Seek Compensation From Settlement

Judge Joel Fahnenstock approved a settlement agreement that saw St. Luke’s providing financial compensation to class members as well as injunctive relief preventing St. Luke’s from engaging in similar behavior in the future. St. Luke’s is believed to be the first hospital enjoined from such billing practices, but the practice is widespread throughout the country and with the success of the St. Luke’s suit, further class actions are sure to follow in other jurisdictions.

Car accident victims are often faced with a tough road to recovery. Car accident settlements are designed to relieve some or all of the financial burden associated with injuries and property damage sustained in a car accident. In Jackson County, Missouri—and likely soon in other areas—the court has now taken steps to ensure that car accident victims, not hospitals, are receiving their due.

Case Studies: Hospitals Placing Liens on Car Accident Insurance Settlements

Case Study 1: Hospital Puts Lien On Accident Victim’s Insurance Settlement

In a troubling turn of events, St. Luke’s Health System placed a lien on the insurance settlement of accident victim John Doe. Rather than billing John Doe’s health insurance, the hospital sought reimbursement by targeting the potential proceeds from his car accident settlement.

This controversial practice came to light when John Doe, along with two other former patients, filed a class action lawsuit against St. Luke’s in Jackson County, MO. The lawsuit resulted in a substantial $3.5 million payout (excluding attorney fees) and a binding agreement that St. Luke’s would cease such dubious practices permanently.

Case Study 2: Boosting Revenues: The Impact on Accident Victims like Jane Smith

Hospitals, including St. Luke’s, often part of larger health systems, have established pre-negotiated rates with insurance companies. However, to increase their revenues, St. Luke’s and similar institutions have chosen to decline the insurance of accident victims like Jane Smith.

Instead, they opt to place liens on any potential proceeds from car accident settlements, aiming for higher compensation. This practice raises ethical concerns as the funds from car accident settlements are primarily intended to compensate the victims for their injuries and not serve as a means for hospitals to generate additional revenue.

Case Study 3: A Legal Victory: Justice for Accident Victims like Mark Johnson

Following the class action lawsuit against St. Luke’s, Judge Joel Fahnenstock approved a settlement agreement that required the hospital to provide financial compensation to the affected class members, including accident victims like Mark Johnson. Additionally, the court issued injunctive relief, effectively preventing St. Luke’s from engaging in similar billing practices in the future.

While St. Luke’s may be the first hospital enjoined from such actions, it is crucial to recognize that this billing practice is widespread nationwide. As a result, it is expected that further class action lawsuits will arise in other jurisdictions to challenge these practices and ensure the rights of accident victims are protected.

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