Can a Wisconsin hospital put a lien on my settlement?

Yes, but only a charitable institution maintaining a hospital. It must file written notice with the clerk of circuit court before any payment and no later than 60 days after discharge, and send copies by certified or registered mail within 10 days, or the lien is void. It is subservient only to taxable court costs and the attorney's actual disbursements (Wis. Stat. 779.80).

Does the hospital lien come before my lawyer's fee?

The statute makes it subservient only to actual taxable court costs and the attorney's actual disbursements, so it does not rank behind the attorney's fee itself (Wis. Stat. 779.80(5)).

What does Wisconsin Medicaid recover?

Recoveries are computed by deducting reasonable costs of collection, including attorney fees, first (Wis. Stat. 49.89(5)). Federal law limits Medicaid to the portion of a settlement that represents medical costs.

Can my health insurer be repaid from my settlement?

A compendium of subrogation law reports that Wisconsin allows it and applies the made-whole rule, decided at a Rimes hearing, and the common fund rule. We did not read the decisions, and self-funded and federal plans are governed by federal law.

How long do I have to sue?

Three years for injury to the person (Wis. Stat. 893.54).

Wisconsin Medical Lien Calculator

Wisconsin lets a charitable hospital lien your recovery ahead of your attorney's fee if it files with the clerk of circuit court within 60 days of discharge, deducts reasonable collection costs and attorney fees before Medicaid recovers, and, according to a compendium, applies made-whole and common fund to health plans. Enter the settlement and each claim to see what is left for you.

Cited to Wis. Stat. 779.80 and 49.89 FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · How we calculate

Estimate what you keep after liens

Enter the settlement, your attorney's fee and costs, and each claim.

Gross settlement

Attorney contingency fee in your agreement

Case costs advanced by your attorney

Hospital lien claimed (treatment, care or maintenance)

Is the hospital a charitable institution that filed written notice with the clerk of circuit court before any payment and within 60 days after discharge, and sent copies within 10 days?

Health plan reimbursement claim (the amount it actually paid)

Percent of your total losses that your recovery actually compensates (100 means fully compensated)

What is your health plan's position?

Wisconsin Medicaid (BadgerCare or Medical Assistance) payments for injury-related care

Part of the settlement that represents medical expenses (caps the department's claim)

Percent of its claim you expect the department to accept after negotiation (100 means no reduction)

Medicare conditional payments

Estimated result

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Is the injured person a child? →

Wisconsin lets charitable hospitals lien your recovery ahead of your attorney's fee, applies made-whole to health plans, and deducts attorney fees before Medicaid

Hospital liens are governed by Wis. Stat. 779.80 and Medicaid recovery by 49.89. Medicare recovers under the federal Medicare Secondary Payer statute, and the deadline to sue is in 893.54.

Learn how Medicare and Wisconsin Medicaid recover from a settlement, how Wisconsin's made-whole rule works for health plans, and how hospital liens differ from insurer claims.

Injured in Wisconsin?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a Wisconsin attorney

This is an estimate for general guidance only and is not legal advice. Figures are based on the cited Wisconsin statutes. Confirm how these rules apply to your specific case with a licensed Wisconsin attorney.

Wisconsin Medical Lien Calculator

Estimate what you keep after liens

Wisconsin lets charitable hospitals lien your recovery ahead of your attorney's fee, applies made-whole to health plans, and deducts attorney fees before Medicaid

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