How to Obtain Medical Treatment if You Don’t Have Insurance

Since the Affordable Care Act, also known as ObamaCare, was enacted, the number of people with insurance has increased, and access to doctors and medications and affordable healthcare has improved. However, millions of people in the United States still do not have access to healthcare.

However, if you do not have health insurance, the insurance carrier of the driver at fault will not pay your medical bills before the case is resolved. Therefore, how do you obtain the medical care that you need if you do not have health insurance, or the money to pay for the treatment? Legal ethics rules restrict an attorney’s ability to pay a client’s medical bills. Some chiropractors will treat you after a car accident if you bring them a copy of the police report showing that the other driver was at fault. Fortunately, many healthcare providers also will treat you if the attorney sends them a Letter of Protection (LOP). An LOP is a letter sent by a personal injury lawyer to medical professionals to allow an injured person to obtain the medical care s/he otherwise cannot afford on credit in exchange for a promise to pay for the services directly with funds from a settlement or judgment. An LOP is a contract that places a lien on your injury settlement. An LOP also can stop collection efforts by medical providers for unpaid bills.

An LOP differs from settlement advance funding, because no money changes hands, no interest is charged, and the medical bills are not paid until the case is settled. Once the case is settled, the lawyer is obligated to honor the LOP and pay the medical providers according to the terms agreed upon.

In a sense, an LOP introduces the “contingency fee” principle into medical health services. However, not all medical providers will provide treatment under a LOP. While most chiropractors and general family practitioners will, the majority of surgeons and MRI facilities will not.

For those healthcare providers that do not accept LOPs, companies such as Key Health, can fill the gap. Key Health provides funds to medical providers, who then assign the accounts receivable to Key Health. When the plaintiff’s case settles, his/her attorney sends the proceeds for the medical bills directly to Key Health.

A Sample Letter of Protection is as Follows:

At this moment, I authorize and direct my attorney to pay directly to HEALTHCARE PROVIDER such sums as may be due from all monies received that are intended, in whole or in part, as payment, reimbursement, or compensation for medical services rendered. These funds include, but are not limited to, all automobile insurance medical payments, all group or private medical insurance payments, and all sums received through any settlement, judgment, verdict, or arbitrator’s award. I further assign an irrevocable lien for HEALTHCARE PROVIDER on my claim for personal injuries, and all funds paid, from any source, as payment, reimbursement, or compensation for medical services rendered. This lien is intended to cover all outstanding charges owed to HEALTHCARE PROVIDER after the auto insurance company has paid. I understand that this in no way relieves me of my personal responsibility to pay all charges incurred at HEALTHCARE PROVIDER and its affiliates and subsidiaries during treatment. This agreement is made only for HEALTHCARE PROVIDER’s additional protection, and in consideration of payment awaited. I also understand that such payment is not conditional on any settlement, judgment, or verdict by which I may eventually recover said fee. I have been advised that if my attorney does not wish to cooperate in protecting HEALTHCARE PROVIDER’s interest, HEALTHCARE PROVIDER will not await payment, but will require payment on my account and keep it on a current basis.

Patient’s Signature (Parent if Minor) and Date

As the attorney for the patient mentioned above, I agree to observe all the terms above. I also agree to withhold such sums as may be necessary for HEALTHCARE PROVIDER from all monies received that are intended, in whole or in part, as payment, reimbursement, or compensation for medical services rendered. These funds shall include, but not be limited to, all group or private medical insurance payments, all automobile insurance medical payments, all worker’s compensation medical expense payments, funds, and medical payment benefits, and all sums received through any settlement, verdict, judgment, or arbitrator’s award.

Attorney’s Signature and Date

If you are injured, and are having trouble in obtaining the proper medical treatment, please contact us to discuss your options.