i have being waiting for long time over 3 months when they had said 2 weeks they would send it my lawyer said he can not do any thing that it is up to medical does medical have a time frame or what can i do so i can get my money
If you mean Medi-Cal, it can take many months until they supply you with a payoff amount for their lien..It will not be weeks. If you mean medical, I am presuming you have medical insurance who have paid bills and there might be repayment required. It all depends on the facts. Legally, if there is Medi-Cal payments made, your attorney cannot release the money to you otherwise your attorney can get in trouble. Talk to your attorney immediately and see if he/she has sent Medi-Cal a notice of lien, settlement and / or request for lien/payoff amount.
Medi Cal can be slow. The atty must make sure there is enough to pay medi-cal or else he can be in trouble criminally and with the Bar ethics. If your atty knows from having all the billing records the most medical may have paid, and if there is more than enough in the settlement to pay his fees, costs, medei-cal and any other liens, he could disburse the remainder to you. Ask atty to do this.
How quickly your the lien holder will reply to your attorney will depend on the kind of lien holder and their general practices. Medicare and Medi-Cal can take a long time. Typically medical offices that hold liens or are owed balances are quicker to respond, but that also depends on the individual office. Your attorney should keep you updated as to what information he/she is waiting for and when he/she expects to get it.
If the "medical" which is probably an medical insurance company or the government (Medicare, Medicaid)
It is not uncommon for the government to take several months to let your attorney know what amount exactly you need to pay off
Your lawyer have a legal obligation to pay your liens out of your settlement and you may have agreed to do so in your settlement release
I would call you attorney and ask him/her to contact the medical lien holder to see where the status is and ask for copies
I agree with Attorney Lassen. Your attorney will contact you when he hears from them.
Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com
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First party carriers' medical repayment obligations under casualty contracts
It need not be all that complicated, but current law is confusing. The issue arises when a plaintiff pursues a personal injury case in which the plaintiff's own insurer paid medical bills. While the language varies by contract, insurance policies require repayment of medical monies advanced if the plaintiff collects from the tortfeasor or his third party insurer.The California State Bar has disciplined attorneys over the years for intentional non payment of a legitimate lien. Any complaint of the non payment of a known lien by an attorney will probably trigger an investigation. Upon notice of non payment of a lien claim, the State Bar will seek information whether money has been deposited into a client trust account and the current status of that deposit. Such concerns by the State Bar are likely to trigger a client trust account audit.
Most commonly, the complaint to the State Bar will come from a former client who expected a lien to have been paid or by a medical provider who had an expectation of bill payment. The State Bar takes these complaints seriously, and the investigation commences.
Under the American Bar Association Rule 1.15 of the Model rules of Professional Conduct, an attorney has an ethical duty to honor liens of third parties: …a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive and upon request by the client or third person, shall promptly render a full accounting regarding such property. Model Rule 1.15 subdivision (d). A similar Rule of Professional Conduct is found in Rule 4-100 and the Standards promulgated by the State Bar. See in the Matter of Riley (Review Dept. 1994) 3 Cal State Bar Ct.Rpt. 91, 114 and Formal Opinion No. 1988-101 of the State Bar of California Standing Committee on Professional Responsibility and Conduct.Many clients do not understand the lien laws, and they may resist honoring a lien claim by an insurance company or HMO that has provided medical coverage under a contract of insurance. It is, therefore, vital that the client is aware of the potential lien claim throughout the process of the litigation.
Case resolution breakdown authorization - At time of settlement or other case resolution, the monetary breakdown should itemize every bill and lien claim to be satisfied from the monetary recovery. The client should read and understand how the monetary recovery is to be distributed, the lien payment and whether there was a negotiated lien reduction.
Emergency Room and Hospital Liens - Civil Code ’ 3045.1 et seq., allow a
statutory lien for services provided by an emergency room facility and for follow-up hospital care. Whether the follow-up medical care must be immediate after the emergency room service is unclear in the statute. In Newton v. Clemons (2003) 110 Cal.App.4th 1 [1 Cal.Rptr.3d 90], the court found a county lien against a settlement was based upon Civil Code ’ 3045.1. It held a gap in the treatment by the county did not mean the care was not ongoing, as required by the statute. Note that a partial satisfaction of the lien by the injured person does not satisfy the plaintiff’s obligation for the entire bill. Newton, Id. p.16.
Civil Code ’ 3045.3 requires the lien to be effective only if Aa written notice is properly served on the third party insurance carrier. Careful reading of this statute is important. Whether the plaintiff’s attorney has an affirmative duty to notify the medical facility of the third party case is debatable.
When a hospital agrees to accept payment from an injured person’s health carrier under a predetermined contract, the hospital cannot lien the third party case for the balance of the bill. Parnell v. Adventist Health System/West (2005) 35 Cal.4th 595. Attor
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