If you suffered a personal injury and have filed a claim, did you know you may be eligible for a lien that covers the cost of your medication? Some medical liens may be automatic as soon as the case settles; others you may arrange specifically with your lawyer. Getting your medication with a lien can help you get the medications you need today, which are paid for later when your case settles.
Insured or Uninsured?
You can get a lien for your medication regardless of whether you have health insurance or not. If you need to get your medication now, you can arrange to get the medication by lien with your pharmacy and attorney. This will allow you to pay for your prescription out of the settlement from your case. Instead of needing to pay for the medication upfront, when you likely already have other medical bills, you can get the medication covered by payments received later.
Per the AMA and other associations that put forth ethical standards for healthcare providers, providing services on a lien basis is ethical and helps patients get services they may otherwise not be able to afford. In California, providing healthcare on a lien basis is legal and is done often. Personal injuries that a medical lien may cover include accidental injuries caused by an auto or pedestrian accident, slips and falls, work-related injuries, and intentional injuries.
What is a Letter of Protection?
A letter of protection (LOP) guarantees payment for the services you receive before your case is settled. It is an agreement between you, your attorney, and your healthcare provider or pharmacy. If you are injured in an accident and do not have health insurance or are underinsured, you may have difficulty paying for your medical bills. While your case proceeds through court, you can postpone your bills if they are a part of the LOP. Have your attorney carefully review or prepare any LOP before signing. It is important to have the details before you agree to receive services with this type of contract.
Liens can be initiated by any entity you receive healthcare or healthcare-related services from, including government entities (for example, Medicaid and Medicare). Hospitals are a common entity to have a right of lien for the care they provide to you in the emergency room after an injury.
Settling Your Case
Before you receive funds from your settlement, any liens will be paid in addition to your attorneys. Liens may have been instituted by your health insurer, auto insurer, pharmacy, doctor, etc. It is important to note that if your case does not settle in your favor, you will still be liable for paying any bills on a lien basis. If your case does settle in your favor, any services you received on a lien basis will be paid first. This is in addition to any attorneys fees Your attorney will work with you to structure your settlement to provide you with the most benefit.
Prescriptions on a Lien Basis
A pharmacy like National Pharmacy can provide prescription medications on a lien basis with a letter of protection. Providing medications in expectation of a settlement is risky for a pharmacy. Since there is no guarantee that the case will be won. However, certain pharmacies like ours specialize in these contracts and are happy to sign letters of protection for patients to get the medications they need.
Once the LOP is signed, your healthcare provider can send your prescriptions to our pharmacy, and you can fill them – often the same day we receive your prescription. We offer a full retail pharmacy and compounding services for customized medications that are not commercially available. If you have a custom pain cream prescribed by your doctor, for example, it may be provided on a lien basis until your settlement is finalized.