Hospital Liens vs. Health Plan Claims in Minnesota
A Minnesota hospital has a lien for the reasonable charges for hospital care on your causes of action, subject to your attorney's lien. It is perfected only by a county filing before or within 10 days after discharge, and no release is valid against it unless the hospital joins.
The lien
Minn. Stat. 514.68 gives a hospital a lien for the reasonable charges for hospital care of an injured person upon all causes of action accruing to that person on account of the injuries that required the care, subject to any attorney's lien. It does not apply to money due under the workers' compensation act (514.72).
Perfecting it
The hospital must, before or within 10 days after discharge, file in the county office a verified statement with the patient's name and address, the hospital, the dates of admission and discharge, the amount claimed and the people claimed to be liable, and within one day mail a copy by certified mail to each of them. The filing is notice to everyone liable, whether or not named (514.69).
Releases and enforcement
No release of the cause of action or judgment is valid against the lien unless the hospital joins in it or releases the lien. The hospital can sue the liable party and anyone who received payment, in the county where the lien was filed, and the court may award reasonable attorney fees and disbursements. The action must be commenced within 2 years after the lien is filed (514.71). We found no percentage cap on the lien.
How an insurer's claim differs
A health plan's claim is not a hospital lien and must follow Minn. Stat. 62A.095; see our post on full recovery and fee sharing. Medical Assistance follows its own statute; see the Medicare and Medical Assistance post. Enter each claim in the Minnesota medical lien calculator.
A local personal injury attorney can review your claim — many offer a free consultation.
This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Minnesota's rules apply to your specific case with a licensed Minnesota attorney.