STATE LAW – MISSISSIPPI LIBRARY – GUIDE 21
Mississippi MedPay, Medical Liens, Subrogation & Reimbursement
Mississippi does not have a generic hospital-lien statute in the authority set used for these crash guides. The identified statutory provider lien is narrowly limited to qualifying uncompensated traumatic burn care; other reimbursement rights require separate authority.
Medical / Reimbursement
Do not generalize the burn-care lien into a statewide hospital lien
Miss. Code §§ 85-7-301 through 85-7-317 create a lien framework for qualifying providers of uncompensated traumatic burn care. It is not a general lien statute for every hospital, physician, or medical bill.
Qualifying burn-care lien
Section 85-7-301 limits the lien to qualifying burn centers/practices and uncompensated traumatic burn care. The lien attaches to causes of action arising from the injuries that required the qualifying care and is subordinate to attorney liens/fees under the statute. It does not become a lien against all of the injured person’s property.
UM subrogation is separate
Miss. Code § 83-11-107 gives an insurer paying UM benefits statutory subrogation rights against the person causing the injury, death, or damage to the extent of the payment, with proportionate treatment of reasonable costs and attorney fees in the circumstances described by the statute.
Workers’ compensation and federal reimbursement
Mississippi workers’ compensation third-party rights, Medicaid, Medicare, ERISA plans, and contractual MedPay/subrogation provisions are distinct systems. Each requires its own authority and settlement ledger.
Build the reimbursement ledger
- Provider balances and EOBs.
- Any perfected qualifying burn-care lien.
- UM payments and subrogation notices.
- Workers’ compensation recovery claims.
- Medicare/Medicaid and ERISA reimbursement interests.
Authorities
Primary Mississippi authority for this topic
Use the current statute, controlling decisions, and operative policy before legal reliance.